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IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA
CASE NO. 49-2017-CA-000580 MF
WELLS FARGO BANK, N.A.
Plaintiff,
Vv.
LUIS A. RIVERA-TORRES, ET AL.
Defendants.
/
NOTICE OF FILING ORIGINAL NOTE, ORIGINAL E-RECORDED MORTGAGE,
ORIGINAL E-RECORDED ASSIGNMENT, AND ORIGINAL E-RECORDED LOAN
MODIFICATION AGREEMENT
Plaintiff, WELLS FARGO BANK, N.A.. by and through its undersigned attorney and in
support of Plaintiff's Motion for Summary Final Judgment in Foreclosure and Assessment of
Attorney Fees and Costs hereby files of record the ORIGINAL NOTE, ORIGINAL E-
RECORDED MORTGAGE, ORIGINAL E-RECORDED ASSIGNMENT, AND ORIGINAL E-
RECORDED LOAN MODIFICATION AGREEMENT.
“
I certify that a copy hereof has been furnished by U.S. Mail or Email on this Tt day of
May , 2017 to:
JESSICA ELISHA ALONSO A/K/A JESSICA E. ALONSO
925 COSTA MESA LN
KISSIMMEE, FL 34744-7235
id40 RI OSS
DORAL POINTE HOMEOWNERS’ ASSOCIATION, INC.
C/O TITAN HOA MANAGEMENT. LLC, R.A.
1631 E. VINE ST., ST 300
KISSIMMEE, FL 34744
St a 2 WW LO
888170202LUIS A. RIVERA-TORRES
925 COSTA MESA LN
KISSIMMEE, FL 34744-7235
THOMAS F. LANG, ESQ. (OPPOSING COUNSEL FOR LAGO BUENDIA MASTER
ASSOCIATION, INC., THE RESIDENCES AT LAGO BUENDIA ASSOCIATION, INC.)
1631 E. VINE ST.
STE. 300
KISSIMMEE, FL 34744
UCFTOM@AOL.COM
eXL Legal, PLLC
Designated Email Address: efiling@exllegal.com
12425 28th Street North, Suite 200
St. Petersburg, FL 33716
Telephone No. (727) 536-4911
Attorney for the Plaintil?
LAR
888170202jo 766442
> LOAN #: DC321X140111428
, ‘ * MIN: 1000850-2000013984-4
[FHACaseNot™~S~S~S~Y
NOTE 09.
Florida
THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS
INDEBTEDNESS.
April 22, 2014 COLUMBUS, Ohio
[Date] [City] [State]
925 COSTA MESA LN, Kissimmee, FL 34744
[Property Address]
1. PARTIES
“Borrower” means each person signing at the end of this Note, and the person's successors and assigns. “Lender”
means Peoples Bank, A Kansas Corporation
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
NINETY EIGHT THOUSAND FOUR HUNDRED EIGHTY AND NO/100**********##08ss844848885% Dollars
(U.S. $198,480.00 ), 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 FOUR AND ONE-FOURTH percent
(4.250% ——_) per year until the full amount of principal has been paid.
3. 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 1st day of each month
beginning on June 1, 2044. Any principal and interest remaining on the 1st day of
May, 2044 will be due on that date, which is called the “Maturity Date.”
(B) Place
Payment shall be made at 13180 Metcalf Avenue. 2nd floor
Overland Park, KS 66213
or at such place as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $976.40. 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.
(D) 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] | O Graduated Payment Allonge CO Growing Equity Allonge
Ci 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, without charge 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 partial 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 4(C)
of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount
of FOUR percent( 4,000 % ) of the overdue amount of each payment.
(B) 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 mit Lenders rights to require immediate pay
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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 applicable law. Such fees and costs shall bear interest from the date of disbursement at the 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 right 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 fu nally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Aay.person wha is a guarantor, surety or endorser
of this Note is also obligated to do these things. Any person whokdkes 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. 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.
on
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
(ie Lege > Y22-/Y¥ (eal)
IS A. RIVERA-TORRI DATE
e 7 Yr2ff ¥ (Seal)
SICA ELISHA ALONSO DATE
Lender: Peoples Bank, A Kansas Corporation
NMLS ID: 690890
Loan Originator: Alexander Torres
NMLS ID: 265325
PAY TO THE ORDER OF: Wells Fargo Bank, N.A.
WITHOUT RECOURSE
Peoples Bank, A Kansas Corporation
py: Auth Lode
Lancs Wieck
TITLE: Rook Rosey
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PAY TO THE ORDER OF
WELLS FARGO BANK, N.A.
BY : =
DAVID C. PETERSON, SENIOR VICE PRESIDENT
067When recorded, return to:
Peoples Bank, A Kansas Corporation
Attn: Final Document Department
13180 Metcalf Avenue. 2nd floor
Overland Park, KS 66213
This document was prepared by:
Peoples Bank, A Kansas Corporation
501 W Schrock Rd Suite 410
Westerville, OH 43081
855-745-2265
(H13 HSTT5
LOAN #: DC321X140111428
——————————1S pace Above This Line For Recording Data]
FHA Case No.
State of Florida MORTGAGE 094-6845338-703-203B
MIN: 1000850-2000013984-4
MERS PHONE #: 1-888-679-6377
THIS MORTGAGE (“Security Instrument’) is givenon April 22, 2014. The Mortgagor is
LUIS A. RIVERA-TORRES AND JESSICA ELISHA ALONSO, HUSBAND AND WIFE
whose address Is 13506 inlet Ln 301, Orlando, FL 32824
(‘Borrower’).
“MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a
nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument.
MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box
2026, Flint, Michigan 48501-2026, tel. (888) 679-MERS.
Peoples Bank, A Kansas Corporation
(‘Lender’) is organized and
existing under the laws of Kansas,
and has an address of 13180 Metcalf Avenue. 2nd floor, Overland Park, KS 66213.
Borrower owes Lender the principal sum of ONE HUNDRED NINETY EIGHT THOUSAND FOUR HUNDRED
EIGHTY AND NO/100°* ter" eeeartnencereteters t+*** Dollars (U.S. $198,480.00 i
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 payable on May 4, 2044, 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 of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and
convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
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Recorded in Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 04/23/2014 12:56:03 PM RECEIPT # 1636034
Rec Fees 78.00 MTG DOC 694.75 INTANGIBLE 396.96 EXTRA NAMES.
CFN# 2014056643 BK 4599 PG 1178 PAGE 1 OF 9RECORDED ELECTRONICALLY
‘County|
Time J2«
wwwsimplifie.com 8004605657
When recorded, return to:
Peoples Bank, A Kansas Corporation
Attn: Final Document Department
13180 Metcalf Avenue. 2nd floor
Overland Park, KS 66213
This document was prepared by:
Peoples Bank, A Kansas Corporation
501 W Schrock Rd Suite 410
Westerville, OH 43081
855-745-2265
LOAN #: DC321X140111428
—-.-H, HS pace Above This Line For Recording Data} $$ $m iii
FHA Case No.
State of Florida MORTGAGE 094-6845338-703-203B
MIN: 1000850-2000013984-4
MERS PHONE #: 1-888-679-6377
THIS MORTGAGE (“Security Instrument’) is given on April 22, 2014. The Mortgagor is
LUIS A. RIVERA-TORRES AND JESSICA ELISHA ALONSO, HUSBAND AND WIFE
whose address is 13506 Inlet Ln 301, Orlando, FL 32824
(‘Borrower’).
“MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a
nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security instrument.
MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box
2026, Flint, Michigan 48501-2026, tel. (888) 679-MERS.
Peoples Bank, A Kansas Corporation
(“Lender”) is organized and
existing under the laws of Kansas,
and has an address of 13180 Metcalf Avenue. 2nd floor, Overland Park, KS 66213.
Borrower owes Lender the principal sum of ONE HUNDRED NINETY EIGHT THOUSAND FOUR HUNDRED
EIGHTY AND NOMO0*********r 88 tewneeweewweeeeeeeeene® Dollars (US. $198,480.00 ).
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 payable on May 1, 2044. 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 of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and
convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
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assigns of MERS, the following described property located in Osceola
County, Florida:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "
APN #: 29-25-30-2656-0001-0420
which has the address of 925 COSTA MESA LN, Kissimmee,
[Street, City],
Florida 34744 ("Property Address");
[Zip Code}
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances
and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and
agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary
to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take
any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.
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,
Borrower 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.
4. Payment of Principal, 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. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment,
together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special
assessments levied or to be levied against the Property, (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, 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 Secretary, these items are called “Escrow Items”
and the sums paid to Lender are called “Escrow Funds.”
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 1024, 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 premium.
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 as required by RESPA. If the amounts of funds held by Lender at any time is
not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the
shortage as permitted by RESPA.
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 instalment that Lender has not become
obligated to pay to the Secretary, 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
temaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows
First, to the mortgage insurance premium to 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 now
in existence or subsequently erected, against any hazards, casualties, 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
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loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by 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 proceeds 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.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal 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 or 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 concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is
on a leasehold, 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 condemnation, 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 applied 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 payments. Any excess
proceeds 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.
7. Charges to Borrower and Protection of Lender’s Rights in the Property. Borrower shall pay all governmental
or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations
on time 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 payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly
affect Lender's rights in the Property (such as 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, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed 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 promptly 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 proceedings which in the Lender's opinion
operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to
Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject
toa 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.
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:
(i) Allor 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.
(c) 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.
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(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's
fights, 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.
(e) 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 option 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 Secretary.
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 preclude foreclosure on different grounds in
the future, or (ii) reinstatement will adversely affect the priority of the lien created by this Security Instrument.
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 proceedings 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.
12. Successors 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 mortgage, 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 other 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 mail to
Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14, Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and
the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, “Hazardous Substances” are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 16, “Environmental Law” means federal laws and laws of the
jurisdiction where the Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of
the Property. Borrower authorizes Lender or Lender’s agents to collect the rents and revenues and hereby directs each
tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of
Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents
and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an
absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee
for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to
collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid
to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would
prevent Lender from exercising its rights under this paragraph 17
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Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of
breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any
application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment
of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred
in pursuing the remedies in this paragraph 18, including, but not limited to, reasonable attorneys’ fees and costs
of title evidence.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires
immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided
in the Single Family Mortgage Foreclosure Act of 1994 (“Act”) (12 . 3751 et seq.) by requesting a foreclosure
commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act.
Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under
this Paragraph 18 or applicable law.
19, Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
20. Attorneys’ Fees. As used in this Security Instrument and the Note, “attorneys’ fees” shall include any attorneys’
fees awarded by an appellate court.
21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
CJ Condominium Rider D Growing Equity Rider [x] Planned Unit Development Rider
CO Graduated Payment Rider C Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any
tider(s) executed by Borrower and recorded with it.
Witnesses:
<__
Chi tea
= Y-EL-74 (Seal)
IS A. RIVERA-TORRES: DATE
(Seal)
DATE
FHA Florida Mortgage - 4/96
Ellie Mae, Inc. Page 5 of 6 FLEFHADE 1212
FLEFHADE
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OCA E
State of FLORIDA County of @SeEeLAY
The foregoing instrument was acknowledged before me this 22nd day of APRIL, 2014 by LUIS A. RIVERA-
TORRES vee ELIS!
HA ALONSO, who is/are personally known to me or who has/have produced
as identification.
“¢ cum =
,
tate of Florida F
ERICK MO:
Notary Public
em, Expites Jan 8, 2038 Merary Cue
3 Title or Rank
Qos 2 32e
Serial Number, (ifany)
Lender: Peoples Bank, A Kansas Corporation
NMLS ID: 690890
Loan Originator: Alexander Torres
NMLS ID: 265325
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FLEFHADE
04/22/2014 06:22 AM PSTEXHIBIT "A"
Lot 42 of LAGO BUENDIA PHASE 2, according to the Plat thereof as recorded in Plat Book 20, Pages 26
through 30, of the Public Records of Osceola County, Florida.LOAN #: DC321X140111428
MIN: 1000850-2000013984-4
FHA Case No.
094-6845338-703-203B
PLANNED UNIT DEVELOPMENT RIDER
THIS PLANNED UNIT DEVELOPMENT RIDER is made this 22nd day of
April, 2014, and is incorporated into and shall be deemed to amend and
supplement the Mortgage, Deed of Trust or Security Deed (“Security Instrument”) of the
same date given by the undersigned (“Borrower”) to secure Borrower's Note (“Note”) to
Peoples Bank, A Kansas Corporation
(“Lender”) of the same date and covering the Property described in the Security
Instrument and located at:
925 COSTA MESA LN
Kissimmee, FL 34744.
The Property Address is a part of a planned unit development (“PUD”) known as
Lago Buendia
PUD COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
A. So long as the Owners Association (or equivalent entity holding title to common
areas and facilities), acting as trustee for the homeowners, maintains, with a
generally accepted insurance carrier, a “master” or “blanket” policy insuring the
property located in the PUD, including all improvements now existing or hereafter
erected on the mortgaged premises, and such policy is satisfactory to Lender
and provides insurance coverage in the amounts, for the periods, and against
the hazards Lender requires, including fire and other hazards included within
the term “extended coverage,” and loss by flood, to the extent required by the
Secretary, then: (i) Lender waives the provision in Paragraph 2 of this Secu-
tity Instrument for the monthly payment to Lender of one-twelfth of the yearly
premium installments for hazard insurance on the Property, and (ii) Borrower's
obligation under Paragraph 4 of this Security Instrument to maintain hazard
insurance coverage on the Property is deemed satisfied to the extent that the
required coverage is provided by the Owners Association policy. Borrower shall
give Lender prompt notice of any lapse in required hazard insurance coverage
and of any loss occurring from a hazard. In the event of a distribution of hazard
insurance proceeds in lieu of restoration or repair following a loss to the Property
or to common areas and facilities of the PUD, any proceeds payable to Borrower
are hereby assigned and shall be paid to Lender for application to the sums.
secured by this Security Instrument, with any excess paid to the entity legally
entitled thereto.
B. Borrower promises to pay all dues and assessments imposed pursuant to the
legal instruments creating and governing the PUD.
C. If Borrower does not pay PUD dues and assessments when due, then Lender
may pay them. Any amounts disbursed by Lender under this paragraph C shall
become additional debt of Borrower secured by the Security Instrument. Unless
Borrower and Lender agree to other terms of payment, these amounts shall bear
interest from the date of disbursement at the Note rate and shall be payable, with
interest, upon notice from Lender to Borrower requesting payment.
FHA Multistate PUD Rider - 10/95 a ZT)
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions
contained in this PUD Rider.
> fp227> Y-22 7 (Seal)
UIS A. RIVERA-TORRES DATE
[22] Y (Seal)
DATE
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P8700PUU
04/22/2014 06:22 AM PSTRECORDING REQUESTED BY:
WELLS FARGO BANK, N.A.
1000 BLUE GENTIAN RD
SUITE 200
EAGAN MN 55121
WHEN RECORDED MAIL TO:
WELLS FARGO BANK, N.A.
MAC: N9289-016
PO BOX 1629
EAGAN, MN 55121-4400
ATTN: ASSIGNMENT TEAM
MERS MIN#: 100085020000139844 Phone #: 1-888-679-6377
ASSIGNMENT OF MORTGAGE
For good and valuable consideration, the sufficiency of which is hereby acknowledged,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR
PEOPLES BANK, ITS SUCCESSORS AND ASSIGNS P.O. BOX 2026, FLINT, MI 48501 1901
E VOORHEES ST STE C, DANVILLE, IL 61834 , by these presents does convey, assign, transfer
and set over to: WELLS FARGO BANK, N.A. 1 HOME CAMPUS , DES MOINES, IA 50328 ,
the described Mortgage, with all interest, all liens, and any rights due or to become due thereon. Said
Mortgage for $198480.00 is recorded in the State of FLORIDA , County of Osceola Official Records,
dated 04/22/2014 and recorded on 04/23/2014 , as Instrument No. 2014056643 , . in Book No. , at
Page
Original Mortgagor: LUIS A. RIVERA-TORRES AND JESSICA ELISHA ALONSO, HUSBAND
AND WIFE
Original Mortgagee: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS
NOMINEE FOR PEOPLES BANK, ITS SUCCESSORS AND ASSIGNS
Property Address: 925 COSTA MESA LN KISSIMMEE, FL 34744
Date: 06/17/2015 .
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR
PEOPLES BANK, ITS SUCCESSORS AND ASSIGNS
ANDREW M. APPLEQUIST, Assistant Secretary
STATE OF MN
COUNTY OF Dakota } 5:
On 06/17/2015 , before me JANET L JONES , Notary Public, personally appeared ANDREW M.
APPLEQUIST | Assistant Secretary personally known to me (or proved to me on the basis of
satisfactory evidence), to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument, the person or entity upon behalf of which the person acted, executed the
instrument.
Witness my hand and official seal.
former ZL Saad JANET L. JONES
+ i NOTARY PUBLIC-MINNESOTA
JANET L JONES, Notary Public Sot SNOT ARY rutesion tepince
Commission #: 20349147 roe January 34, 2017
My Commission Expires: 01/31/2017
Recorded in Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 06/18/2015 R 21:07 AM RECE 40953
Rec Fees 10.00 EXTRANAMES
CFN# 2015085999 BK 4795 PG 1056 PAGE 1 OF 1 e RecoraeThis Document Prepared By:
AMARIR WINDS
WELLS FARGO BANK, N.A.
3476 STATEVIEW BLVD, MAC# X7801-03K.
FORT MILL, SC 29715
(800) 416-1472
When Recorded Mail To:
FIRST AMERICAN TITLE
ATTN: LMTS
P.O. BOX 27670
SANTA ANA, CA 92799-7670
Tax/Parcel #: 292530265600010420
—_______ Space Above This Line for Recording Data}
Original Principal Amount: $198,480.00 Prev. Rec. Mod. Loan Amt 00
Unpaid Principal Amount: $194,848.63 FHA/VA Loan Noa
New Principal Amount $201,348.46 Loan No: (scan barcode)
New Money (Cap): $6,499.83
LOAN MODIFICATION AGREEMENT (MORTGAGE)
(Providing for Fixed Rate)
This Loan Modification Agreement (“Agreement”), made this 29TH day of SEPTEMBER, 2015,
between LUIS A. RIVERA-TORRES AND JESSICA E. ALONSO, HUSBAND AND WIFE (“Borrower”),
whose address is 925 COSTA MESA LN, KISSIMMEE, FLORIDA 34744 and WELLS FARGO BANK,
NA (“Lender”), whose address is | HOME CAMPUS , DES MOINES, IA 50328 amends and supplements.
(1) the Mortgage, Deed of Trust or Security Deed (the “Security Instrument”), dated APRIL 22, 2014 and
recorded on APRIL 23, 2014 in BOOK 4599 PAGE 1178, OSCEOLA COUNTY, FLORIDA, and (2) the
Note, in the original principal amount of U.S. $198,480.00, bearing the same date as, and secured by, the
Security Instrument, which covers the real and personal property described in the Security Instrument and
defined therein as the "Property," located at
925 COSTA MESA LN, KISSIMMEE, FLORIDA 34744
Wells Fargo Custom Loan Mod 10042015_77
First American Mortgage Solutions Page |
Recorded in Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 12/04/2015 03:07:05 PM RECEIPT # 1785358
Rec Fees 52.50 MTG DOC 22.75 INTANGIBLE 13.00 EXTRA NAMES
CFN# 2015179776 BK 4880 PG 1988 PAGE 1 OF 6This Document Prepared By:
AMARI R WINDS
WELLS FARGO BANK, N.A.
3476 STATEVIEW BLVD, MAC# X7801-03K
FORT MILL, SC 29715
(800) 416-1472
When recorded mail to: #:9765800
First American Title |MAINNNN0 UN GN 0
Loss Mitigation Title Services 1079.12
P.O. Box 27670
Santa Ana, CA 92799
RE: RIVERA-TORRES - PR DOCS
Tax/Parcel #: 292530265600010420
[Space Above This Line for Recording Data]
Original Principal Amount: $198,480.00 Prev. Rec. Mod. Loan Amt:
0.00
Unpaid Principal Amount: $194,848.63 FHA/VA Loan Noga
New Principal Amount $201,348.46 Loan No: (scan barcode)
New Money (Cap): $6,499.83
LOAN MODIFICATION AGREEMENT (MORTGAGE)
(Providing for Fixed Rate)
This Loan Modification Agreement (“Agreement”), made this 29TH day of SEPTEMBER, 2015,
between LUIS A. RIVERA-TORRES AND JESSICA E. ALONSO, HUSBAND AND WIFE (“Borrower”),
whose address is 925 COSTA MESA LN, KISSIMMEE, FLORIDA 34744 and WELLS FARGO BANK,
NA (“Lender”), whose address is 1 HOME CAMPUS , DES MOINES, IA 50328 amends and supplements
(1) the Mortgage, Deed of Trust or Security Deed (the “Security Instrument”), dated APRIL 22, 2014 and
recorded on APRIL 23, 2014 in BOOK 4599 PAGE 1178, OSCEOLA COUNTY, FLORIDA, and (2) the
Note, in the original principal amount of U.S. $198,480.00, bearing the same date as, and secured by, the
Security Instrument, which covers the real and personal property described in the Security Instrument and
defined therein as the "Property," located at
925 COSTA MESA LN, KISSIMMEE, FLORIDA 34744
Wells Fargo Custom Loan Mod 10042015_77 936/1VA A
First American Mortgage Solutions Page |the real property described is located in OSCEOLA COUNTY, FLORIDA and being set forth as follows:
LOT 42 OF LAGO BUENDIA PHASE 2, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 20, PAGES 26 THROUGH 30, OF THE PUBLIC RECORDS OF OSCEOLA
COUNTY, FLORIDA,
TAX/PARCEL NO. 292530265600010420
In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows
(notwithstanding anything to the contrary contained in the Note or Security Instrument):
1, Borrower agrees that certain amounts owed will not be capitalized, waived, or addressed as part of this
Agreement, and will remain owed until paid. These amounts owed are referenced in the Cover Letter to
this Agreement, which is incorporated herein, and are to be paid with the return of this executed Agreement.
If these amounts owed are not paid with the return of this executed Agreement, then Lender may deem this
Agreement void.
2. As of, NOVEMBER 1, 2015 the amount payable under the Note and the Security Instrument (the “Unpaid
Principal Balance”) is U.S. $201,348.46, consisting of the amount(s) loaned to Borrower by Lender, plus
capitalized interest in the amount of U.S. $6,499.83 and other amounts capitalized, which is limited to
escrows and any legal fees and related foreclosure costs that may have been accrued for work completed.
3. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender Interest will
be charged on the Unpaid Principal Balance at the yearly rate of 4.1250%, from NOVEMBER 1, 2015.
The Borrower promises to make monthly payments of principal and interest of