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Filing # 53170381 E-Filed 03/01/2017 07:02:53 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA
CASE NO.
WELLS FARGO BANK, N.A.
Plaintiff,
v.
LUIS A. RIVERA-TORRES: JESSICA
ELISHA ALONSO A/K/A JESSICA E.
ALONSO; UNKNOWN TENANT 1;
UNKNOWN TENANT 2: DORAL POINTE
HOMEOWNERS’ ASSOCIATION, INC.:
LAGO BUENDIA MASTER
ASSOCIATION, INC.,; THE RESIDENCES
AT LAGO BUENDIA ASSOCIATION,
INC.
Defendants. )
VERIFIED COMPLAINT TO FORECLOSE MORTGAGE
Plaintiff, WELLS FARGO BANK, N.A., sues the Defendant(s), LUIS A. RIVERA-
TORRES; JESSICA ELISHA ALONSO A/K/A JESSICA E. ALONSO; UNKNOWN TENANT I:
UNKNOWN TENANT 2; DORAL POINTE HOMEOWNERS* ASSOCIATION, INC.; LAGO
BUENDIA MASTER ASSOCIATION, INC.; THE RESIDENCES AT LAGO BUENDIA
ASSOCIATION, INC. and states:
COUNT I MORTGAGE FORECLOSURE
|. This is an action to foreclose a mortgage on real property located in Osceola County.
Florida, and by reason thereof the venue for this matter is in Osceola County, Florida.
2. Borrower(s), LUIS A. RIVERA-TORRES and JESSICA ELISHA ALONSO executed and
delivered a Promissory Note ("Note") dated April 22, 2014 in the original principal amount of
$198,480.00. Securing payment of the Note, LUIS A. RIVERA-TORRES and JESSICA ELISHA
ALONSO executed and delivered a Mortgage ("Mortgage") dated April 22, 2014. The mortgage
was recorded on April 23, 2014, in the Official Records Book 4599, Page 1178, of the Public
888170202 062-FL-V3Records of Osceola County, Florida, and mortgaged the property described in the Mortgage. Copies
of the Note and Mortgage are attached hereto.
3. The loan was subsequently modified and a copy of the modification agreement is attached
hereto.
4. Plaintiff is the holder of the Note and is entitled to enforce the terms thereof as Plaintiff is
in possession of the original Note and the Note is indorsed in blank. A Certification of Possession of
Original Promissory Note is attached hereto and incorporated by reference herein.
5. JESSICA ELISHA ALONSO and LUIS A. RIVERA-TORRES, are the current owners of
the real property which is the subject of the Mortgage.
6. The Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien
or interest arising out of mortgagee or the mortgagee’s predecessors in interest.
7. A default exists under the Note and Mortgage as a result of the amounts due under the
Note and Mortgage in that the payment due for October 1, 2016, and all subsequent payments have
not been made.
8. Plaintiff has demanded payment of the obligation reflected by the aforesaid Note and
Mortgage, but despite such demand. said default has not been cured.
9. All conditions precedent to the acceleration of the Note and Mortgage and the filing of the
instant foreclosure complaint have been performed, have occurred, or have been waived.
10. Plaintiff declares the full amount payable under the Note and Mortgage to be due.
11. Plaintiff is due the sum of $198,467.23, in principal under the Note and Mortgage, plus
interest from September 1, 2016, together with all sums that may be due for taxes, insurance, escrow
advances, and expenses and costs of suit including but not limited to filing fees. recording fees, title
search and examination fees, fees due for service of process and such other costs authorized by the
loan documents, by law, and as may be allowed by the Court.
12. Plaintiff is obligated to pay Plaintiff attorneys a reasonable fee for their services. Plaintiff
is entitled to recover its attorneys’ fees under the Note and Mortgage.
13. As a matter of request for relief, Demand is hereby made on the Defendant(s)/Owner(s),
JESSICA ELISHA ALONSO A/K/A JESSICA E. ALONSO AND LUIS A. RIVERA-TORRES, and
on the Defendant/Tenant/Occupants of the subject property, that all rent now due and owing on said
property, or collected hereafter be paid directly to the Plaintiff, or, in the alternative, deposited in the
registry of the Court pending further order of the Court, pursuant to Chapter 697, Fla. Stat.
888170202 062-FL-V314. THE RESIDENCES AT LAGO BUENDIA ASSOCIATION, INC., may seek to claim an
interest in the real property herein sought to be foreclosed by virtue of that certain Claim of Lien
recorded Official Record Books March 3, 2016, Book 4922, Page 437, of the Public Records of
Osceola County, Florida or may otherwise claim interest in the Property. Said interest, however. is
either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage.
15. LAGO BUENDIA MASTER ASSOCIATION, INC., may seek to claim an interest in the
real property herein sought to be foreclosed by virtue of that certain Claim of Lien recorded Official
Record Books June 9, 2016, Book 4973, Page 720, of the Public Records of Osceola County, Florida
or may otherwise claim interest in the Property. Said interest, however, is either invalid or is
subordinate and inferior to the lien of Plaintiff’s Mortgage.
16. DORAL POINTE HOMEOWNERS’ ASSOCIATION, INC. may seek to claim an
interest in the real property herein sought to be foreclosed by virtue of general lien rights or may
otherwise claim interest in the Property. Said interest, however, is either invalid or is subordinate and
inferior to the lien of Plaintiff’s Mortgage.
17. TENANT | and/or TENANT 2, may have or claim an interest in the Property’ that is
subject to this foreclosure action. Said interest, however, is either invalid or is subordinate and
inferior to the lien of Plaintiff's Mortgage.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment:
(a) foreclosing the Mortgage;
(b) enumerating all amounts this Court determines due to Plaintiff pursuant to said
Note and Mortgage,
(c) ordering the Clerk of the Court to sell the subject property to satisfy the amount
due Plaintiff, in whole or part; and
(d) adjudging that the right, title, and interest of any party claiming by. through.
under or against any Defendant named herein be deemed inferior and subordinate to
the Plaintiff's Mortgage lien and forever be barred and foreclosed, and
(e) retaining jurisdiction of this Court in this action to make any and all further
orders and judgments as necessary and proper, including but not limited to re-
foreclosure against any subordinate interest omitted from these proceedings,
determining the amounts owed to any condominium or homeowners association.
888170202 062-FL-V3issuance of writ of possession and the entry of a deficiency, when and if such
deficiency is sought, and only if the parties liable under the Note have not been
discharged in bankruptcy (however no deficiency will be sought if the parties liable
under the Note were subject to an order allowing Plaintiff or its predecessors-in-
interest only in rem relief from the bankruptcy automatic stay)
(f) awarding Plaintiff its attorney fees, costs, interest, advances; and
(g) for such other and further relief as this Court deems just and proper.
VERIFICATION
Under penalty of perjury, 1 declare that | have read the foregoing Verified Complaint to Foreclose
Mortgage, and the facts alleged therein are true and correct to the best of my knowledge and belief.
Printed
As the:
For: WELLS FARGO BANK, N.A.
Date: /
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 Plaintiff
By: On NV SCout
Johu N. Stuparic
FBN
NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO
BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR ‘THAT
PURPOSE.
888170202 062-FL-V3IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA
CASE NO.”
WELLS FARGO BANK, N.A.
Plaintiff,
v.
LUIS A RIVERA-TORRES; JESSICA
ELISHA ALONSO; AND ALL
UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER OR AGAINST THE
ABOVE NAMED DEFENDANT(S),
WHO (IS/ARE) NOT KNOWN TO BE
DEAD OR ALIVE, WHETHER SAID
UNKNOWN PARTIES CLAIM AS
HEIRS, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS,
TRUSTEES, SPOUSES, OR OTHER
CLAIMANTS;
Defendants.
CERTIFICATION OF ORIGINAL NOTE
The undersigned hereby certifies:
1. That Plaintiff is in possession of the original promissory note upon which this action is
brought.
2. The location of the original promissory note is 12425 28TH STREET NORTH, SUITE
200, ST. PETERSBURG, FL 33716.
3. The name and title of the person giving the certification is: Diane Walker, Original
Document Processor for Plaintiffs attorneys, eXL Legal, PLLC.
4, The name of the person who personally verified such possession is: Diane Walker,
Original Document Processor for Plaintiff’s attorneys, eXL Legal, PLLC.
8881702025. The time and date on which possession was verified were: 02/14/2017 at 2:10 pm.
6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or
assignments of the note) are attached to this certification.
7. I give this statement based on my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing Certification of
Possession of Original Note and that the facts stated in it are true.
Rene Watu-
Type Name Here: Diane Walker
Title: Original Document Processor
Date: aL /4- / 7
888170202NOTE BHA Ci
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/O0********* 54+ 80eaeeesse89¢* Dollars
(US. $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% — )peryear 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
Ifan 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) © Graduated Payment Allonge C1] 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, 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.
IfLender 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 fiteen 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 falling 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 pay
FHA Florida Fixed Rate Note - 10/95 Initials: Ha
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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 Barrower 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 fulljcangygetsonally obligated-to keep all of the promises
made in this Note, including the promise to pay the full amount give Agyperson who is a guarantor, surety or endorser
of this Note is also obligated to do these things. Any person whoAdkes Ovér 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."
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
Y22-74 (Seah
DATE
e 7 io we Leo
JESSICA ELISHA ALO)
IS A. RIVERA-TORRI
witour recourse
PAY TO THE ORDER,OF
Lender: Peoples Bank, A Kansas Corporation
NMLS ID: 690890
Loan Originator: Alexander Torres WELLS Ff
NMLS ID: 265325
PAY TO THE ORDER OF: Wells Fargo Bank, NA.
WITHOUT RECOURSE
Peoples Bank, A Kansas Corporation
ey: That LWtcde
Lande Wieck
rime: Lost CLoesen
FHA Florida Fixed Rate Note - 10/95.
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peat (04/22/2014 06:22 AM PSTWITHOUT RECOURSE
PAY TO THE ORDER OF
WELLS FARGO BANK, N.A.
BY. Os opt
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
LOAN +:
18a Above This Line For 1g Data}
FHA Case No.
State of Florida MORTGAGE
MIN:
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 NOMM00"**ttetetenterertenetensnteteeseter®. Dollars (U.S, $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 ali
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 fo 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.
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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 "A'
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 till 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 installment that Lender has not become
obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower, Immediately prior
toa foreclosure sale of the Property of 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 payments under paragraphs 4 and 2 shail be applied by Lender as follows:
First, fo 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;
urth, to amortization of the principal of the Note; and
ifth, 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
ina 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 oF 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 conceming 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 Lenders interest in the
Property, upon Lender's request Borrower shalll 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
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.
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:
()) 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. 1701}-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) Ail 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.
(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 wilimit Lenders
Tights, 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 afer 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 attomeys' 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. () 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.
44. 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.
45, Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
46. Hazardous Substances. Borrower shall not cause ot 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.
Boriower 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 o
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.
{f 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 U.S.C. 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.
49. 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)]
(Condominium Rider © Growing Equity Rider Planned Unit Development Rider
(© Graduated Payment Rider CO Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any
rider(s) exeguted by Borrower and recorded with it.
Tracey LEAE§ MA
£-E2-/Y (Beal)
DATE
Geé Eb ae PLS smelt
SICA ELISHA INSO
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OLMKE
State of FLORIDA County of e8eEetA?
The foregoing instrument was acknowledged before me this 22nd day of APRIL, 2014 by LUIS A. RIVERA-
TORRES AND JESSICA ELISHA ALONSO, who is/are personally known to me or who has/have produced
Ee OL. as identification.
=—=—=—
Signature ©
ERIK MONTEALEG
Notary Public - State of Florida
eam tutes Jn 8, 2015 Nery fend
Gammision # E5362 WewRRe
OES 737
Serial Number, (if any)
Lender: Peoples Bank, A Kansas Corporation
NMLS ID: 690890
Loan Originator: Alexander Torres
NMLS ID: 265325,
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CFN# 2014056643 OFFICIAL RECORDS © DOC_TYPE MTG BK 4599 PG 1183 PAGE 6 OF 9EXHIBIT "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.
CFN# 2014056643 OFFICIAL RECORDS O DOC_TYPE MTG BK 4599 PG 1184 PAGE 7 OF 9PLANNED 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-
rity 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
orto 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.
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and provi
contained in this PUD Rider.
GLEE, Y-227% (Seal)
UIS A. RIVERA-TORRES DATE
- CO Yexpk (Seal)
JESSICA BESHA ALONSO DATE
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Be
CFIN# 2014056643 OFFICIAL RECORDS © DOC_TYPE MTG BK 4599 PG 1186 PAGE 9 OF 9This Document Prepared By:
AMARIT R 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: $0.00
Unpaid Principal Amount: $194,848.63 FHA/VA Loan Noq@iaaaaaaaa
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 a36nVA LONER OLA
First American Mortgage Solutions Page |
Recorded in Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 12/04/2015 03:07:05 PM R
Preview
Filing # 53170381 E-Filed 03/01/2017 07:02:53 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO. WELLS FARGO BANK, N.A. Plaintiff, v. LUIS A. RIVERA-TORRES: JESSICA ELISHA ALONSO A/K/A JESSICA E. ALONSO; UNKNOWN TENANT 1; UNKNOWN TENANT 2: DORAL POINTE HOMEOWNERS’ ASSOCIATION, INC.: LAGO BUENDIA MASTER ASSOCIATION, INC.,; THE RESIDENCES AT LAGO BUENDIA ASSOCIATION, INC. Defendants. ) VERIFIED COMPLAINT TO FORECLOSE MORTGAGE Plaintiff, WELLS FARGO BANK, N.A., sues the Defendant(s), LUIS A. RIVERA- TORRES; JESSICA ELISHA ALONSO A/K/A JESSICA E. ALONSO; UNKNOWN TENANT I: UNKNOWN TENANT 2; DORAL POINTE HOMEOWNERS* ASSOCIATION, INC.; LAGO BUENDIA MASTER ASSOCIATION, INC.; THE RESIDENCES AT LAGO BUENDIA ASSOCIATION, INC. and states: COUNT I MORTGAGE FORECLOSURE |. This is an action to foreclose a mortgage on real property located in Osceola County. Florida, and by reason thereof the venue for this matter is in Osceola County, Florida. 2. Borrower(s), LUIS A. RIVERA-TORRES and JESSICA ELISHA ALONSO executed and delivered a Promissory Note ("Note") dated April 22, 2014 in the original principal amount of $198,480.00. Securing payment of the Note, LUIS A. RIVERA-TORRES and JESSICA ELISHA ALONSO executed and delivered a Mortgage ("Mortgage") dated April 22, 2014. The mortgage was recorded on April 23, 2014, in the Official Records Book 4599, Page 1178, of the Public 888170202 062-FL-V3Records of Osceola County, Florida, and mortgaged the property described in the Mortgage. Copies of the Note and Mortgage are attached hereto. 3. The loan was subsequently modified and a copy of the modification agreement is attached hereto. 4. Plaintiff is the holder of the Note and is entitled to enforce the terms thereof as Plaintiff is in possession of the original Note and the Note is indorsed in blank. A Certification of Possession of Original Promissory Note is attached hereto and incorporated by reference herein. 5. JESSICA ELISHA ALONSO and LUIS A. RIVERA-TORRES, are the current owners of the real property which is the subject of the Mortgage. 6. The Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out of mortgagee or the mortgagee’s predecessors in interest. 7. A default exists under the Note and Mortgage as a result of the amounts due under the Note and Mortgage in that the payment due for October 1, 2016, and all subsequent payments have not been made. 8. Plaintiff has demanded payment of the obligation reflected by the aforesaid Note and Mortgage, but despite such demand. said default has not been cured. 9. All conditions precedent to the acceleration of the Note and Mortgage and the filing of the instant foreclosure complaint have been performed, have occurred, or have been waived. 10. Plaintiff declares the full amount payable under the Note and Mortgage to be due. 11. Plaintiff is due the sum of $198,467.23, in principal under the Note and Mortgage, plus interest from September 1, 2016, together with all sums that may be due for taxes, insurance, escrow advances, and expenses and costs of suit including but not limited to filing fees. recording fees, title search and examination fees, fees due for service of process and such other costs authorized by the loan documents, by law, and as may be allowed by the Court. 12. Plaintiff is obligated to pay Plaintiff attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees under the Note and Mortgage. 13. As a matter of request for relief, Demand is hereby made on the Defendant(s)/Owner(s), JESSICA ELISHA ALONSO A/K/A JESSICA E. ALONSO AND LUIS A. RIVERA-TORRES, and on the Defendant/Tenant/Occupants of the subject property, that all rent now due and owing on said property, or collected hereafter be paid directly to the Plaintiff, or, in the alternative, deposited in the registry of the Court pending further order of the Court, pursuant to Chapter 697, Fla. Stat. 888170202 062-FL-V314. THE RESIDENCES AT LAGO BUENDIA ASSOCIATION, INC., may seek to claim an interest in the real property herein sought to be foreclosed by virtue of that certain Claim of Lien recorded Official Record Books March 3, 2016, Book 4922, Page 437, of the Public Records of Osceola County, Florida or may otherwise claim interest in the Property. Said interest, however. is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage. 15. LAGO BUENDIA MASTER ASSOCIATION, INC., may seek to claim an interest in the real property herein sought to be foreclosed by virtue of that certain Claim of Lien recorded Official Record Books June 9, 2016, Book 4973, Page 720, of the Public Records of Osceola County, Florida or may otherwise claim interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff’s Mortgage. 16. DORAL POINTE HOMEOWNERS’ ASSOCIATION, INC. may seek to claim an interest in the real property herein sought to be foreclosed by virtue of general lien rights or may otherwise claim interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff’s Mortgage. 17. TENANT | and/or TENANT 2, may have or claim an interest in the Property’ that is subject to this foreclosure action. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment: (a) foreclosing the Mortgage; (b) enumerating all amounts this Court determines due to Plaintiff pursuant to said Note and Mortgage, (c) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or part; and (d) adjudging that the right, title, and interest of any party claiming by. through. under or against any Defendant named herein be deemed inferior and subordinate to the Plaintiff's Mortgage lien and forever be barred and foreclosed, and (e) retaining jurisdiction of this Court in this action to make any and all further orders and judgments as necessary and proper, including but not limited to re- foreclosure against any subordinate interest omitted from these proceedings, determining the amounts owed to any condominium or homeowners association. 888170202 062-FL-V3issuance of writ of possession and the entry of a deficiency, when and if such deficiency is sought, and only if the parties liable under the Note have not been discharged in bankruptcy (however no deficiency will be sought if the parties liable under the Note were subject to an order allowing Plaintiff or its predecessors-in- interest only in rem relief from the bankruptcy automatic stay) (f) awarding Plaintiff its attorney fees, costs, interest, advances; and (g) for such other and further relief as this Court deems just and proper. VERIFICATION Under penalty of perjury, 1 declare that | have read the foregoing Verified Complaint to Foreclose Mortgage, and the facts alleged therein are true and correct to the best of my knowledge and belief. Printed As the: For: WELLS FARGO BANK, N.A. Date: / 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 Plaintiff By: On NV SCout Johu N. Stuparic FBN NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR ‘THAT PURPOSE. 888170202 062-FL-V3IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.” WELLS FARGO BANK, N.A. Plaintiff, v. LUIS A RIVERA-TORRES; JESSICA ELISHA ALONSO; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER OR AGAINST THE ABOVE NAMED DEFENDANT(S), WHO (IS/ARE) NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES CLAIM AS HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, SPOUSES, OR OTHER CLAIMANTS; Defendants. CERTIFICATION OF ORIGINAL NOTE The undersigned hereby certifies: 1. That Plaintiff is in possession of the original promissory note upon which this action is brought. 2. The location of the original promissory note is 12425 28TH STREET NORTH, SUITE 200, ST. PETERSBURG, FL 33716. 3. The name and title of the person giving the certification is: Diane Walker, Original Document Processor for Plaintiffs attorneys, eXL Legal, PLLC. 4, The name of the person who personally verified such possession is: Diane Walker, Original Document Processor for Plaintiff’s attorneys, eXL Legal, PLLC. 8881702025. The time and date on which possession was verified were: 02/14/2017 at 2:10 pm. 6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification. 7. I give this statement based on my personal knowledge. Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and that the facts stated in it are true. Rene Watu- Type Name Here: Diane Walker Title: Original Document Processor Date: aL /4- / 7 888170202NOTE BHA Ci 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/O0********* 54+ 80eaeeesse89¢* Dollars (US. $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% — )peryear 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 Ifan 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) © Graduated Payment Allonge C1] 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, 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. IfLender 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 fiteen 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 falling 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 pay FHA Florida Fixed Rate Note - 10/95 Initials: Ha Elie Mee, Inc. Page 1 of 2 saLOAN #: 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 Barrower 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 fulljcangygetsonally obligated-to keep all of the promises made in this Note, including the promise to pay the full amount give Agyperson who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person whoAdkes Ovér 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." BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Y22-74 (Seah DATE e 7 io we Leo JESSICA ELISHA ALO) IS A. RIVERA-TORRI witour recourse PAY TO THE ORDER,OF Lender: Peoples Bank, A Kansas Corporation NMLS ID: 690890 Loan Originator: Alexander Torres WELLS Ff NMLS ID: 265325 PAY TO THE ORDER OF: Wells Fargo Bank, NA. WITHOUT RECOURSE Peoples Bank, A Kansas Corporation ey: That LWtcde Lande Wieck rime: Lost CLoesen FHA Florida Fixed Rate Note - 10/95. Elie Mae, no. Page 2 of 2 FLO700NT_o4t2 FL87008 peat (04/22/2014 06:22 AM PSTWITHOUT RECOURSE PAY TO THE ORDER OF WELLS FARGO BANK, N.A. BY. Os opt 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 LOAN +: 18a Above This Line For 1g Data} FHA Case No. State of Florida MORTGAGE MIN: 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 NOMM00"**ttetetenterertenetensnteteeseter®. Dollars (U.S, $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 ali 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 fo the successors and FHA Florida Mortgage - 4/96 Initial Ellie Mae, Inc. Page 1 of 6 FLEFHADE 1212 FLEFHADE (04/22/2014 06:22 AM PST 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 9LOAN #: assigns of MERS, the following described property located in Osceola County, Florida: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A' 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 till 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 installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower, Immediately prior toa foreclosure sale of the Property of 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 payments under paragraphs 4 and 2 shail be applied by Lender as follows: First, fo 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; urth, to amortization of the principal of the Note; and ifth, 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 FHA Florida Mortgage - 4/96 Initial: apr Ge Ellie Mae, Ine. Page 2 of 6 FLEFHADE 1912 FLEFHADE, 04/22/2014 06:22 AM PST CFN# 2014056643 OFFICIAL RECORDS © DOC_TYPE MTG BK 4599 PG 1179 PAGE 2 OF 9LOAN 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 ina 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 oF 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 conceming 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 Lenders interest in the Property, upon Lender's request Borrower shalll 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 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. 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: ()) 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. 1701}-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) Ail 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. (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. FLEFHADE fe FLEFHADE on i (04/2212014 08:22 AM PST FHA Florida Mortgage - 4/96 Elle Mae, Inc. Page 3 of 6 CFN# 2014056643 OFFICIAL RECORDS © DOC_TYPE MTG BK 4599 PG 1180 PAGE 3 OF 9AN : ET (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary wilimit Lenders Tights, 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 afer 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 attomeys' 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. () 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. 44. 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. 45, Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 46. Hazardous Substances. Borrower shall not cause ot 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. Boriower 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. FHA Florida Mortgage - 4/96 Initials: ae Ge Ellie Mae, Inc. Page 4 of 6 FLEFHADE Y212 FLEFHS FHADE 04/22/2014 06:22 AM PST CFN# 2014056643 OFFICIAL RECORDS 0 DOC_TYPE MTG BK 4599 PG 1181 PAGE 4 OF 9LOAN #: ————? Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice o 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. {f 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 U.S.C. 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. 49. 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)] (Condominium Rider © Growing Equity Rider Planned Unit Development Rider (© Graduated Payment Rider CO Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) exeguted by Borrower and recorded with it. Tracey LEAE§ MA £-E2-/Y (Beal) DATE Geé Eb ae PLS smelt SICA ELISHA INSO FHA Florida Mortgage - 4/96 Ellie Mae, Inc. Page 5 of 6 FLEFHADE 1212 HADE FLEFI Ree (04/22/2014 08:22 AM PST CFN# 2014056643 OFFICIAL RECORDS O DOC_TYPE MTG BK 4599 PG 1182 PAGE 5 OF 9LOAN +: SS OLMKE State of FLORIDA County of e8eEetA? The foregoing instrument was acknowledged before me this 22nd day of APRIL, 2014 by LUIS A. RIVERA- TORRES AND JESSICA ELISHA ALONSO, who is/are personally known to me or who has/have produced Ee OL. as identification. =—=—=— Signature © ERIK MONTEALEG Notary Public - State of Florida eam tutes Jn 8, 2015 Nery fend Gammision # E5362 WewRRe OES 737 Serial Number, (if any) Lender: Peoples Bank, A Kansas Corporation NMLS ID: 690890 Loan Originator: Alexander Torres NMLS ID: 265325, FHA Florida Mortgage - 4/96 Ellie Mae, Inc. Page 6 of 6 FLEFHADE 1212 FLEFHADE, (04/22/2014 06:22 AM PST CFN# 2014056643 OFFICIAL RECORDS © DOC_TYPE MTG BK 4599 PG 1183 PAGE 6 OF 9EXHIBIT "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. CFN# 2014056643 OFFICIAL RECORDS O DOC_TYPE MTG BK 4599 PG 1184 PAGE 7 OF 9PLANNED 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- rity 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 orto 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 ries 7EM) Ellie Mae, inc. Page 1 of 2 P8700PUU 0508 P8700PUU (04/22/2014 06:22 AM PST CFN# 2014056643 OFFICIAL RECORDS O DOC_TYPE MTG BK 4599 PG 1185 PAGE 8 OF 9LOAN #: BY SIGNING BELOW, Borrower accepts and agrees to the terms and provi contained in this PUD Rider. GLEE, Y-227% (Seal) UIS A. RIVERA-TORRES DATE - CO Yexpk (Seal) JESSICA BESHA ALONSO DATE FHA Multistate PUD Rider - 10/95 Ellie Mae, Inc. Page 2 of 2 PB700PUU 0508 P8700PUU 04/22/2014 06:22 AM PST Be CFIN# 2014056643 OFFICIAL RECORDS © DOC_TYPE MTG BK 4599 PG 1186 PAGE 9 OF 9This Document Prepared By: AMARIT R 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: $0.00 Unpaid Principal Amount: $194,848.63 FHA/VA Loan Noq@iaaaaaaaa 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 a36nVA LONER OLA First American Mortgage Solutions Page | Recorded in Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 12/04/2015 03:07:05 PM R