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IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR BRADFORD COUNTY, FLORIDA
CIVIL ACTION
U.S. BANK NATIONAL ASSOCIATION,
Plaintiff,
fr LmEI 2LOR
EP KBRAD
CASE NO.: 04-26 8204-00488 "15°09
vs. DIVISION:
MATTHEW THOMAS FRANKS A/K/A MATTHEW
FRANKS A/K/A MATHEW FRANKS, et al,
Defendant(s).
/
|OTICE OF FILING OF AFFIDAVIT AS TO LOST OR MISPLACE!
ORIGINAL NOTE, COPY OF NOTE AND LOST NOTE BON!
Plaintiff, U.S. Bank National Association, gives Notice of Filing of AFFIDAVIT AS TO LOST O!
MISPLACED ORIGINAL NOTE, COPY OF NOTE AND LOST NOTE BOND.
‘ERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to all parties on the
attached service list by mail or eService on this VBaay of ony »~Oto
Albertelli Law
P.O. Box 23028
Tampa, FL 33623
(813)221-4743
(813) 221-9171 facsimile
ice: ei albertellilaw.com
By
“Florida Bar No 72.1
ST - 19-019792
/?- 1? FI2-
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR BRADFORD COUNTY, FLORIDA
CIVIL ACTION
U.S. BANK NATIONAL ASSOCIATION,
Plaintiff,
CASE N 2:
vs. DIVISION:
KRISTIN FRANKS, et al,
Defendant(s).
/
AFFIDAVIT AS TO LOST OR MISPLACED ORIGINAL NOTE
STATE OF KENTUCKY
COUNTY OF DAVIESS
PERSONALLY appeared before me, Charity M. Hood (the “A ffiant”),
who, upon being duly sworn under oath and under penalty of perjury, states as follows:
Affiant is a, Assistant
Vice President _of U.S. Bank National Association (“U.S. Bank”). I am
authorized to make this Affidavit on behalf of U.S. Bank. I am over the age of 18 and competent
to testify as to the matters contained herein. I have personal knowledge of all facts set forth in
this affidavit.
In the regular performance of my job functions, I am familiar with business records maintained
by U.S. Bank for the purpose of servicing mortgage loans and I have personal knowledge of the
operation of and the circumstances surrounding the preparation, maintenance, and retrieval of
records in U.S. Bank’s record keeping systems. These records (which include data compilations,
electronically imaged documents, and others) are made at or near the time by, or from
information provided by, persons with knowledge of the activity and transactions reflected in
such records, and are kept in the course of business activity conducted regularly by U.S. Bank. It
is the regular practice of U.S. Bank’s mortgage servicing business to make these records.
Based upon my review of U.S. Bank’s business records, Kristin and Mathew Franks executed and
delivered to Universal Mortgage Corporation D/B/A UFG Mortgage a certain promissory note
dated May 31, 2007 (the “Note”). The Note was secured by a Mortgage/Deed of Trust dated May
31, 2007, which was executed by Kristin and Mathew Franks, for a property located at 6565 NW
Cr 125, Lawtey, FL 32058. The mortgage was recorded on June 6, 2007 in the Bradford County
Registry of Deeds in Book 1219, Page 553. U.S. Bank is the current servicer of the Loan
pursuant to the chain of endorsements, transfers, or assignments set forth below.
The chain of all endorsements, transfers or assignments of the original Note is as follows.
a. Universal Mortgage Corporation D/B/A UFG Mortgage to U.S. Bank
National Association via Assignment of Mortgage.
U.S. Bank has made a diligent and extensive search of its records in a good faith effort to
discover the lost Note without success. In accordance with its procedures for locating a lost Note,
U.S. Bank searched the following in an attempt to locate the lost Note: (a) the loan origination
file; (b) other files in its custody; (c) internal vault locations; and (d) offsite box storage records.
U.S. Bank also contacted the current attorney assigned to the file and, where applicable, any prior
attorney assigned to handle the file.
After conducting a diligent search, U.S. Bank is unable to reasonably obtain possession of the
original Note. U.S. Bank cannot reasonably obtain possession of the note because (select one):
(1 _ (a) the note was destroyed
7 (b) the note is lost
C (©) the note is in the wrongful possession of an unknown person
© @) the note is in the wrongful possession of a person who cannot be found or is not
amenable to service of process
U.S. Bank is entitled to enforce the lost Note because they directly or indirectly acquired an
interest in the instrument from a person who was entitled to enforce the instrument when loss of
possession occurred and the loss of possession of the Note was not the result of a transfer by U.S.
Bank or a lawful seizure.
A copy of the subject Note is attached as Exhibit A. To the best of my knowledge, information
and belief, this copy is a true, correct and substantial copy of the lost or destroyed Note. A copy
of the Assignment of Mortgage is attached as Exhibit B. A copy of the screen shot showing,
when U.S. Bank acquired the loan is attached as Exhibit C.
U.S. BANK NATIONAL ASSOCIATION
DATE: August a 2019 BY:
[SIGNA’ SIGNATORY]
harity M. Hood, Assistant Vice President
(PRINTED NAME OF SIGNATORY)
‘TB ~ 19-019792
State of Kentucky
County of Daviess
aa foregoing instrument was subscribed and sworn to before me this August
2019, by Charity M. Hood, Assistant Vice President of U.S. Bank National
Association, a federally chartered banking association, on behalf of U.S. Bank
National Association.
(seal)
ti
(title or rank) %
SHAWNAM. MoGAHEY
f NOTARY PUBLIC
STATE-ATLARGE
y
2 My Comm, Expires 1/3/2021
(#5
sss SSSSSSSSESSSS
Edited 02/04/2015
woe -— —-—{
NOTE FHA Case No.
Florida
000914177824703
THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS PAID ON THE MORTGAGE SECURING THIS
INDEBTEDNESS. '
May 31st, 2007 Loan #: a
Wate}
6565 NW CR 125
We Hereby Certifly That
LAWTEY, FL 32058 This is a True & Correct Copy
[Property Address] Advance Homestead Title
1. PARTIES By.
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. “Lender” means
Universal Mortgage Corporation D/B/A UFG Mortgage
and its successors
and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of
One Hundred Nineteen Thousand Nine Hundred Fifty One and no/100. --------
Dollars (U.S. $ 119,951.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender, at the rate of Seven
percent( 7.000 ) per year until the full amount of principal has been paid.
a PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date
as this Note and called the "Security Instrument.” The Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4, MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
July Ist, 2007 . Any principal and interest remaining on the first day of June 2037 , will be due
on that date, which is called the "Maturity Date."
() Place
Payment
shall be made at 12080 North Corporate Parkway, Mequon, a 53092
or at such place as Lender may designate in writing
by notice
to Borrower.
(©) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 798.04 This
amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest
and other items in the order described in the Security instrument.
FHA Florida Fixed Rate Note - 10/95
S RIFL) (0404.01 Amended 10/98
VMP Mortgage Solutions, ine. (800/821-7291
Page
1 of 3 Inet:
.
(@®) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note. [Check applicable box]
(1 Graduated Payment Allonge [_] Growing Equity Allonge [_] other {specify}
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, withoutcharge or penalty, on the first
day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in
writing
to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph
ACC) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount
Fifteen percent( 4,000 %) of the overdue amount of each payment.
@) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in
full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used
in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicabie
ae,
law. Such foes and costs shall bear interest fam the date of disbursement atthe same rate as the principal of this Note.
7. WAIVERS
Borrower 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 Lender to demand payment of amounts due. "Notice
of dishonor" means the
Tight to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is 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
Spiarv (0400.01 Page
2 of 3 Unttate: -
L..
4 ‘
or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this
Note against each person individually or against all signatories together. Any one person signing this Note may be required to
pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
Tyadtta Saonlte,
KRISTIN FRANKS
(Seal)
Borrower
Mottad
MATHEW FRANKS
ake, (Seal)
Borrower
(seat
(Seal) (Seal)
Borrower
(Seal) (Seal)
Borrower Borrower
[Sign Original Only]
Sqrrry (0404.01 Page
3 of 3
a
RETURN TO:
TITLE
1203 SW. 12 STREET, SUITES
ee ¥%
o,. 0°
Return To:
Universal Mortgage
FL 34474
Corporation D/B/A UFG Mortgage
veg 12080 North Corporate Parkway
@ Mequon, WI 53092
800-558-7280
‘This document
was prepared by:
Sean Spivey
34010 US Hwy 19 North Ansts2007208067 Dater0b/06/2007 Tines14216
Palm Harbor, FL 34684 Doc Stamp-Hort : 420.
Intang. Tax 3 239,90
Ray Norman.Bradford County Bs1219 P3553
~ —
PI cs ser rs ae ree necertg Da
State
of Florida
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on May 31st, 2007
‘The Mortgagoris KRISTIN FRANKS and MATHEW FRANKS, Wife and Husband
» whose address is
2410 N W COUNTRY RD. 125, LAWTEY, FL 32058
("Borrower"). This Security Instrume nt to Universal
is given Mortgage Corporation D/B/A UFG
Mortgage
which is organ ized
and existing under the lawsof The State of Wisconsin and
whose address is 12080 North Corporate Parkway, Mequon, WI 53092
("Lender"). Borrower owes Lender the principal sum of
One Hundred Nineteen Thousand Nine Hundred Fifty One and no/100.
Dollars (U.S. $ 119,951.00 ).
‘This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides
for monthly payments, with the full debt, if not paid earlier, due and on June ist,
2037 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the
Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums,
with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance
FHA Florida Mortgage - 4/96
Quay (9306).01
WP Mongege Solutions, Inc.
Pega
t of ®
Order: 1910406320K Page
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4:15 PM
‘Doc: FLBRAD:1219-00853
Inst:2007208067 Date:06/06/2007 Tines14:18
Doc Staap-Mort + 420,00
Intang. Tax t3 239.90
2D ray Noroan,Bradford County B:1219 PsS54
ee eee eee’
of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower
does hereby mortgage, grant and convey to the Lender the following described property located in
BRADFORD County, Florida:
SEE EXHIBIT "A" ATTACHED
Parcel ID Number: 01248000601
which has the addressof 6565 NW CR 125 (Street]
LAWTEY [City], Florida 32058 [Zip Code] ("Property Address");
‘TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
and fixtures now or hereafter a part of the property. All and additions shall also be
covered by this Security Instrument. All of the foregoing is referredto in this Security Instrumentas the "|
BORROWER COVENANTS that Borrower is lawfully seized 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.
warrants and will defend generally the title to the Property against all claims and demands, subject 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 real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Paymentof |, Interest and Late Charge. Borrower shall pay when due the principal of, and
interest on, the debt evidenced by the Note and late charges due under the Note.
2. -Mon' Payment of Taxes, Insurance and Other Borrower shall include in each monthly
payment, together with the principal and interest as sct forth in the Note and any late charges, a sum for (a) taxes and
assessments levied or to be levied against the , (b) leasehold payments or ground rents on the
Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and ‘Urban Development ("Secretary"), or in any year in
which such premium would have been required if Lender still held the Security Instrument, each monthly payment
shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
{he
or* (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the
items are called “Escrow Items" and the sums paid to Lender are called "Escrow Funds."
Quan {0908).01 Page
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Doc Staap-Mort : 420.00
Tatang, Tax t: 239.90
oo Norman Bradford County — Pr555
——— - nn —————
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
‘Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be
amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated
disbursements or disbursements before the Borrower's payments are available in the account may not be based on
amounts due for the mortgage insurance
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender
shall account to Borrower for the excess funds 2s required by RESPA. If the amounts of funds-held by Lender at any
time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to
permitted by RESPA.
as tage
makeup the shor
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance
remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has
not become obligated to pay to the , and Lender shall promptly refund any excess funds to Borrower.
Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be
credited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All under 1 and 2 shall be applied by Lender as follows:
Eitst, to the mortgage insurance premium to
First, be paid by Lender to the Secretary or to the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4, Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether
any hazards, casualties,
ce erected, against
or subsequently
now in existen and contingencies, including fire, for which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently
erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies
Lender, The insurance policies and any renewals shall be held by Lender and shall include loss payable
clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance
proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and
this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
change the amount of such payments. Any excess insurance over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the
purchaser.
Suaary {0308).01 Poge
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Inst:2007208067 Dates0b/06/2007 Time:14:18
Doc Starp-Hort : 420.00
intagoo Tax 1 : 239.90
C,Ray Norean,Bradford County Brl2l9 P5596
Coe ee ee eee ea”
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the as Borrower's pri ipal residence within sixty
days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating
circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the
Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant
or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave
materially false ot inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations
Borrower's occupancy of the Property as a pri residence. If this Instrument is on a
leaschold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in place of , are
hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid
under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness
under the Note and this Security Instrument, first to any delinquent amounts spplied in the order provided in
paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or
postpone the due date of the monthly payments, which are referred to-in paragraph 2, or change the amount of such
2 excess proceeds over an amount required to pay all outstanding under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal . fines and impositions that are not included in 2. Borrower shall pay
these obligations on ti ime directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these pa} ts,
If Borrower fails to make these payments or the paragraph 2, or fails to perform any other
covenants and agreements contained in this Instrument, , or there is a legal proceeding that may significantly
affect Lender's rights in the Property (such es a proceeding in bankruptcy, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's
rights in the Property,inchluding payment of taxes, hazard insurance and other items mentioned in paragraph 2.
by Lender under this paragraph shall become an additional debt of Borrower and be
secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note
rate, and at the option of Lender, shall be immediately due and payable,
Borrower shall discharge any lien 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; (b)
contests in good faith the lien by, or defends against enforcement of the lien in, legal which in the
Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an
satisfactory to Lender the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give
Borrower a notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth
above within 10 days of the giving of notice.
Snir 10308).01 Page
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Doc Stamp-Mort : 420.00
Intagy, Tax a :: 239.90
yRay Noraan,Bradford County B:i219 P:557
—- — —_— —
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration
of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment
defaults, require immediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument
prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained
in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d)
of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior
approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument
if:
(@) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold
or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(© No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but
Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
(a) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit
Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not
paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations
of the Secretary.
(© Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined
to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender
may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A
written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof,
declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such
ineligibility, Notwithstanding the foregoing, this may not be exercised by Lender when the
unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the
: 10, Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrument, This right applies
even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a
lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of
Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys’ fees and expenses
properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and
the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full.
However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencement of a current
foreclosure proceeding, (ii) reinstatement will lude foreclosure on different grounds in the future, or (iii)
ic
reinstatement
will adversely affect the priority of the lien created by this Security Instrument.
Spanry (03081.01 Page
5 of 9 Initials:
UH
‘Order: 191040632dk! Page
5 of 18 Requested By: dougiaslafayette, Printed: 6/20/2019 4:15 PM
Doc: FLBRAD-1219-00553
Inst+2007208067 Date:06/06/2007 Tises14118
Doc Staep-Mort : 420.00
nt Tax : 239.90
C,Ray Norman,Bradtord County B:!219 P:5S@
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11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in
interest. Lender shall not be required to commence against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
i and Assigns Bound; Joint and Several Liability; Co-Signers, The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)
is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this
Security Instrument or the Note without that Borrower's consent.
13. Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to
the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be
given by first class
Preview
2-4 IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR BRADFORD COUNTY, FLORIDA CIVIL ACTION U.S. BANK NATIONAL ASSOCIATION, Plaintiff, fr LmEI 2LOR EP KBRAD CASE NO.: 04-26 8204-00488 "15°09 vs. DIVISION: MATTHEW THOMAS FRANKS A/K/A MATTHEW FRANKS A/K/A MATHEW FRANKS, et al, Defendant(s). / |OTICE OF FILING OF AFFIDAVIT AS TO LOST OR MISPLACE! ORIGINAL NOTE, COPY OF NOTE AND LOST NOTE BON! Plaintiff, U.S. Bank National Association, gives Notice of Filing of AFFIDAVIT AS TO LOST O! MISPLACED ORIGINAL NOTE, COPY OF NOTE AND LOST NOTE BOND. ‘ERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to all parties on the attached service list by mail or eService on this VBaay of ony »~Oto Albertelli Law P.O. Box 23028 Tampa, FL 33623 (813)221-4743 (813) 221-9171 facsimile ice: ei albertellilaw.com By “Florida Bar No 72.1 ST - 19-019792 /?- 1? FI2- IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR BRADFORD COUNTY, FLORIDA CIVIL ACTION U.S. BANK NATIONAL ASSOCIATION, Plaintiff, CASE N 2: vs. DIVISION: KRISTIN FRANKS, et al, Defendant(s). / AFFIDAVIT AS TO LOST OR MISPLACED ORIGINAL NOTE STATE OF KENTUCKY COUNTY OF DAVIESS PERSONALLY appeared before me, Charity M. Hood (the “A ffiant”), who, upon being duly sworn under oath and under penalty of perjury, states as follows: Affiant is a, Assistant Vice President _of U.S. Bank National Association (“U.S. Bank”). I am authorized to make this Affidavit on behalf of U.S. Bank. I am over the age of 18 and competent to testify as to the matters contained herein. I have personal knowledge of all facts set forth in this affidavit. In the regular performance of my job functions, I am familiar with business records maintained by U.S. Bank for the purpose of servicing mortgage loans and I have personal knowledge of the operation of and the circumstances surrounding the preparation, maintenance, and retrieval of records in U.S. Bank’s record keeping systems. These records (which include data compilations, electronically imaged documents, and others) are made at or near the time by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by U.S. Bank. It is the regular practice of U.S. Bank’s mortgage servicing business to make these records. Based upon my review of U.S. Bank’s business records, Kristin and Mathew Franks executed and delivered to Universal Mortgage Corporation D/B/A UFG Mortgage a certain promissory note dated May 31, 2007 (the “Note”). The Note was secured by a Mortgage/Deed of Trust dated May 31, 2007, which was executed by Kristin and Mathew Franks, for a property located at 6565 NW Cr 125, Lawtey, FL 32058. The mortgage was recorded on June 6, 2007 in the Bradford County Registry of Deeds in Book 1219, Page 553. U.S. Bank is the current servicer of the Loan pursuant to the chain of endorsements, transfers, or assignments set forth below. The chain of all endorsements, transfers or assignments of the original Note is as follows. a. Universal Mortgage Corporation D/B/A UFG Mortgage to U.S. Bank National Association via Assignment of Mortgage. U.S. Bank has made a diligent and extensive search of its records in a good faith effort to discover the lost Note without success. In accordance with its procedures for locating a lost Note, U.S. Bank searched the following in an attempt to locate the lost Note: (a) the loan origination file; (b) other files in its custody; (c) internal vault locations; and (d) offsite box storage records. U.S. Bank also contacted the current attorney assigned to the file and, where applicable, any prior attorney assigned to handle the file. After conducting a diligent search, U.S. Bank is unable to reasonably obtain possession of the original Note. U.S. Bank cannot reasonably obtain possession of the note because (select one): (1 _ (a) the note was destroyed 7 (b) the note is lost C (©) the note is in the wrongful possession of an unknown person © @) the note is in the wrongful possession of a person who cannot be found or is not amenable to service of process U.S. Bank is entitled to enforce the lost Note because they directly or indirectly acquired an interest in the instrument from a person who was entitled to enforce the instrument when loss of possession occurred and the loss of possession of the Note was not the result of a transfer by U.S. Bank or a lawful seizure. A copy of the subject Note is attached as Exhibit A. To the best of my knowledge, information and belief, this copy is a true, correct and substantial copy of the lost or destroyed Note. A copy of the Assignment of Mortgage is attached as Exhibit B. A copy of the screen shot showing, when U.S. Bank acquired the loan is attached as Exhibit C. U.S. BANK NATIONAL ASSOCIATION DATE: August a 2019 BY: [SIGNA’ SIGNATORY] harity M. Hood, Assistant Vice President (PRINTED NAME OF SIGNATORY) ‘TB ~ 19-019792 State of Kentucky County of Daviess aa foregoing instrument was subscribed and sworn to before me this August 2019, by Charity M. Hood, Assistant Vice President of U.S. Bank National Association, a federally chartered banking association, on behalf of U.S. Bank National Association. (seal) ti (title or rank) % SHAWNAM. MoGAHEY f NOTARY PUBLIC STATE-ATLARGE y 2 My Comm, Expires 1/3/2021 (#5 sss SSSSSSSSESSSS Edited 02/04/2015 woe -— —-—{ NOTE FHA Case No. Florida 000914177824703 THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS PAID ON THE MORTGAGE SECURING THIS INDEBTEDNESS. ' May 31st, 2007 Loan #: a Wate} 6565 NW CR 125 We Hereby Certifly That LAWTEY, FL 32058 This is a True & Correct Copy [Property Address] Advance Homestead Title 1. PARTIES By. "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. “Lender” means Universal Mortgage Corporation D/B/A UFG Mortgage and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Nineteen Thousand Nine Hundred Fifty One and no/100. -------- Dollars (U.S. $ 119,951.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Seven percent( 7.000 ) per year until the full amount of principal has been paid. a PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument.” The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4, MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on July Ist, 2007 . Any principal and interest remaining on the first day of June 2037 , will be due on that date, which is called the "Maturity Date." () Place Payment shall be made at 12080 North Corporate Parkway, Mequon, a 53092 or at such place as Lender may designate in writing by notice to Borrower. (©) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 798.04 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security instrument. FHA Florida Fixed Rate Note - 10/95 S RIFL) (0404.01 Amended 10/98 VMP Mortgage Solutions, ine. (800/821-7291 Page 1 of 3 Inet: . (@®) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] (1 Graduated Payment Allonge [_] Growing Equity Allonge [_] other {specify} 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, withoutcharge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph ACC) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount Fifteen percent( 4,000 %) of the overdue amount of each payment. @) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicabie ae, law. Such foes and costs shall bear interest fam the date of disbursement atthe same rate as the principal of this Note. 7. WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the Tight to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is 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 Spiarv (0400.01 Page 2 of 3 Unttate: - L.. 4 ‘ or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Tyadtta Saonlte, KRISTIN FRANKS (Seal) Borrower Mottad MATHEW FRANKS ake, (Seal) Borrower (seat (Seal) (Seal) Borrower (Seal) (Seal) Borrower Borrower [Sign Original Only] Sqrrry (0404.01 Page 3 of 3 a RETURN TO: TITLE 1203 SW. 12 STREET, SUITES ee ¥% o,. 0° Return To: Universal Mortgage FL 34474 Corporation D/B/A UFG Mortgage veg 12080 North Corporate Parkway @ Mequon, WI 53092 800-558-7280 ‘This document was prepared by: Sean Spivey 34010 US Hwy 19 North Ansts2007208067 Dater0b/06/2007 Tines14216 Palm Harbor, FL 34684 Doc Stamp-Hort : 420. Intang. Tax 3 239,90 Ray Norman.Bradford County Bs1219 P3553 ~ — PI cs ser rs ae ree necertg Da State of Florida MORTGAGE THIS MORTGAGE ("Security Instrument") is given on May 31st, 2007 ‘The Mortgagoris KRISTIN FRANKS and MATHEW FRANKS, Wife and Husband » whose address is 2410 N W COUNTRY RD. 125, LAWTEY, FL 32058 ("Borrower"). This Security Instrume nt to Universal is given Mortgage Corporation D/B/A UFG Mortgage which is organ ized and existing under the lawsof The State of Wisconsin and whose address is 12080 North Corporate Parkway, Mequon, WI 53092 ("Lender"). Borrower owes Lender the principal sum of One Hundred Nineteen Thousand Nine Hundred Fifty One and no/100. Dollars (U.S. $ 119,951.00 ). ‘This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and on June ist, 2037 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance FHA Florida Mortgage - 4/96 Quay (9306).01 WP Mongege Solutions, Inc. Pega t of ® Order: 1910406320K Page 1 of 18 Requested By: douglastafayette, Printed: 8/20/2019 4:15 PM ‘Doc: FLBRAD:1219-00853 Inst:2007208067 Date:06/06/2007 Tines14:18 Doc Staap-Mort + 420,00 Intang. Tax t3 239.90 2D ray Noroan,Bradford County B:1219 PsS54 ee eee eee’ of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in BRADFORD County, Florida: SEE EXHIBIT "A" ATTACHED Parcel ID Number: 01248000601 which has the addressof 6565 NW CR 125 (Street] LAWTEY [City], Florida 32058 [Zip Code] ("Property Address"); ‘TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, and fixtures now or hereafter a part of the property. All and additions shall also be covered by this Security Instrument. All of the foregoing is referredto in this Security Instrumentas the "| BORROWER COVENANTS that Borrower is lawfully seized 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. warrants and will defend generally the title to the Property against all claims and demands, subject 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 real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Paymentof |, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. -Mon' Payment of Taxes, Insurance and Other Borrower shall include in each monthly payment, together with the principal and interest as sct forth in the Note and any late charges, a sum for (a) taxes and assessments levied or to be levied against the , (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and ‘Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, {he or* (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the items are called “Escrow Items" and the sums paid to Lender are called "Escrow Funds." Quan {0908).01 Page 2 of 8 HU ‘Order: 191040632dkI Page 2 of 18 Requested By: douglastafayette, Printed: 8/20/2019 4:15 PM ‘Doc: FLBRAD:1219-00553 Inst200720B067 Date:06/06/2007 Tiae:14:18 Doc Staap-Mort : 420.00 Tatang, Tax t: 239.90 oo Norman Bradford County — Pr555 ——— - nn ————— Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures ‘Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds 2s required by RESPA. If the amounts of funds-held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to permitted by RESPA. as tage makeup the shor The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the , and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All under 1 and 2 shall be applied by Lender as follows: Eitst, to the mortgage insurance premium to First, be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4, Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether any hazards, casualties, ce erected, against or subsequently now in existen and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies Lender, The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. Suaary {0308).01 Poge 3 of 9 Me Initiate Ae (Order: 191040632did Page 3 of 18 Requested By: douglasiafayette, Printed: 8/20/2019 4:15 PM Doc: FLBRAD:1219-00553. T Inst:2007208067 Dates0b/06/2007 Time:14:18 Doc Starp-Hort : 420.00 intagoo Tax 1 : 239.90 C,Ray Norean,Bradford County Brl2l9 P5596 Coe ee ee eee ea” 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the as Borrower's pri ipal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false ot inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations Borrower's occupancy of the Property as a pri residence. If this Instrument is on a leaschold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of , are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts spplied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to-in paragraph 2, or change the amount of such 2 excess proceeds over an amount required to pay all outstanding under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal . fines and impositions that are not included in 2. Borrower shall pay these obligations on ti ime directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these pa} ts, If Borrower fails to make these payments or the paragraph 2, or fails to perform any other covenants and agreements contained in this Instrument, , or there is a legal proceeding that may significantly affect Lender's rights in the Property (such es a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property,inchluding payment of taxes, hazard insurance and other items mentioned in paragraph 2. by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable, Borrower shall discharge any lien 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; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an satisfactory to Lender the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Snir 10308).01 Page 4 of 9 Order: 191040632dkI Page 40f 18 Requested By: douglaslafayette, Printed: 6/20/2019 4:15 PM Doc: FLBRAD:1219-00553. Inst22007208067 Dates06/06/2007 Tine:14:18 Doc Stamp-Mort : 420.00 Intagy, Tax a :: 239.90 yRay Noraan,Bradford County B:i219 P:557 —- — —_— — 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (@) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (© No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (a) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (© Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility, Notwithstanding the foregoing, this may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the : 10, Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument, This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys’ fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will lude foreclosure on different grounds in the future, or (iii) ic reinstatement will adversely affect the priority of the lien created by this Security Instrument. Spanry (03081.01 Page 5 of 9 Initials: UH ‘Order: 191040632dk! Page 5 of 18 Requested By: dougiaslafayette, Printed: 6/20/2019 4:15 PM Doc: FLBRAD-1219-00553 Inst+2007208067 Date:06/06/2007 Tises14118 Doc Staep-Mort : 420.00 nt Tax : 239.90 C,Ray Norman,Bradtord County B:!219 P:5S@ — 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. i and Assigns Bound; Joint and Several Liability; Co-Signers, The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to , grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class