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Filing # 79927882 E-Filed 10/26/2018 01:06:57 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
TN AND FOR CLAY COUNTY, FLORIDA
CIVIL DIVISION
Bank of America, N.A Case #:
Plaintiff,
-Vs.-
Juan Miguel Treche; et al.
Defendant(s).
NOTICE OF FILING
PLAINTIFF, Bank of America, N.A, hereby gives Notice of Filing of: Certification of
Possession of Original Note.
on this Ve day of ( } eh LX XL + 2018.
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff's counsel
hereby designates its primary email address for the purposes of
email service as: SFGBocaService@logs.com*
SHAPIRO, FISHMAN & GACHE, LLP
Attomeys for Plaintiff
2424 North Federal Highway, Ste 360
Boca Raton, Florida 33431
Telephone: (561) 998-6700 Ext. 6672
Fax: (561) 998-6707
For Email Service Only: SFGBocaService@logs.com
For all other inquiries: kdulay@logs.com
“
KIN
#22500 BEL BAR # 43811
Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.
18-315584 FCO] CGGProperty Address: 1414 Forbes Street, Green Cove Springs, FL 32043
Note Signer: Juan Miguel Treche and Yelina Reyes Diaz
CERTIFICATION OF POSSESSION OF ORIGINAL NOTE
The undersigned hereby certifies:
1. That plaintiff is in possession of the eriginal promissory note upon which this action is
brought.
2. The location of the original promissory note is: 4630 Woodland Corporate Blvd., Suite 100,
Tampa, FL 33614
3. The name and title of the person giving the certification is: Giselle Erickson, Original
Document Custodian, for counsel for the Plaintiff
4, The name of the person who personally verified such pessession is: Giselle Erickson.
5, The time_and date on which possession was verified were:
O.SS CAPM
Cube, 5.2018
6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or
assignments of the note) are attached to this certification,
7.1 give this statement based on my personal knowledge.
Under penalties of perjury, | declare that | have read the foregoing Certification of Possession of
Original OttbbA S. and that the facts stated in if are true.
Executed on Ottobre 520 18
Ginn Galen
Giselle Erickson
Original Document Custodian
Shapiro, Fishman & Gaché, LLP
18-315584 FCO CGGNOTE
June 30, 2004 ATLANTA Georgia
{Date} {City] {State}
1414 FORBES STREET »GREEN COVE SPRINGS,FL 32043
[Propeny Address}
1, BORROWER’S PROMISE TO PAY
In return for a loan that I have received, | promise to pay U.S. $ 100,661.00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is FIDELITY BANK d/b/a FIDELITY BANK MORTGAGE
I will make all payments under this Note in the form of cash, check or money order.
1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. | will pay interest at a yearly
rate of 6.6250 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
Twill make my monthly paymentonthe 1st day of cach month beginning on August 1, 2004 _ Twill
make these payments every month until | have paid all of the principal and interest and any other charges described below that 1
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on July 1, 2034 , L still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the “Maturity Date.”
1 will make my monthly payments a 3 CORPORATE SQUARE, SUITE 700,
ATLANTA, GA 30329 or at a different piace if required by the Note Holder,
(B) Amount of Monthly Payments.
My monthly payment will be in the amount of U.S. $644.54
4. BORROWER'S RIGHT TO PREPAY
Lhave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
“Prepayment.” When I] make a Prepayment, I will teil the Note Holder in writing that 1 am doing so. I may not designate a
payment as a Prepayment if 1 have not made all the monthly payments due under the Note.
] may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the duc date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.
TRECHE JM Zz 0
FLORIDA FIXED RATE NOTE-Single Family-Fannic Mue/Freddie Mac UNIFORM INSTRUMENT
GBD -BMFLY 10005) Form 3210 1/04
© Vat MOMTGAGE FORMS -{8001521-7281
Page tot 3 yy 05/00 tosiass Lf pe5. LOAN CHARGES
If a law, which applies to this ioan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
as a partial Prepayment.
6. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5.0000 % of
my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment.
(B) Default
If do not pay the full amount of each monthly payment on the date it is due, 1 will be in default.
({C) Notice of Default
If | am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that | owe on that amount. That date must be at least 30 day's after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if Tam in default at a later time.
(E) Payment of Note Holder’s Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable jaw requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if J give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail 10 the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that
different address.
8 OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note, The Note Holder may enforce its rights
under this Note against cach person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
land any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
“Presentment” means the right to require the Note Hoider to demand payment of amounts due. “Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
TRECHE JM i: 0
Form 3216 1/01
-BNIFL} (0008: Page 2 ot 3 twats DT
BD -SNIEL ae 2 ot nats 5we
id, UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible Josses which might result if I do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in full
of all amounts ! owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. Hf Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
11. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
> © Yo ftp yt
Vaan fleoe{ ThECEé«E (Seal) Ve Pee Diae (Seal)
JUAN MIGUEL TRECHE -Borrewer — YELINA REYES DIAZ “Borrower
(Seal) (Seal)
-Rorrower Borrower
{Seal} (Seal)
Borrower -Borrower
(Seal) (Seal)
-Bortower Borrower
{Sign Original Only}
TRECHE JM i
GBB -SNFL tooo Page 3 of 3 Form 3210 1/01
‘h SEDUUASE FAY
TO. ORDER OF:
Countrywi e Document Custody Services,
a division of Treasury Bank, N.A.
TE Ty SANK
Ellen Tressler, AVp
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Filing # 79927882 E-Filed 10/26/2018 01:06:57 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT TN AND FOR CLAY COUNTY, FLORIDA CIVIL DIVISION Bank of America, N.A Case #: Plaintiff, -Vs.- Juan Miguel Treche; et al. Defendant(s). NOTICE OF FILING PLAINTIFF, Bank of America, N.A, hereby gives Notice of Filing of: Certification of Possession of Original Note. on this Ve day of ( } eh LX XL + 2018. *Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff's counsel hereby designates its primary email address for the purposes of email service as: SFGBocaService@logs.com* SHAPIRO, FISHMAN & GACHE, LLP Attomeys for Plaintiff 2424 North Federal Highway, Ste 360 Boca Raton, Florida 33431 Telephone: (561) 998-6700 Ext. 6672 Fax: (561) 998-6707 For Email Service Only: SFGBocaService@logs.com For all other inquiries: kdulay@logs.com “ KIN #22500 BEL BAR # 43811 Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt collector and any information obtained may be used for that purpose. 18-315584 FCO] CGGProperty Address: 1414 Forbes Street, Green Cove Springs, FL 32043 Note Signer: Juan Miguel Treche and Yelina Reyes Diaz CERTIFICATION OF POSSESSION OF ORIGINAL NOTE The undersigned hereby certifies: 1. That plaintiff is in possession of the eriginal promissory note upon which this action is brought. 2. The location of the original promissory note is: 4630 Woodland Corporate Blvd., Suite 100, Tampa, FL 33614 3. The name and title of the person giving the certification is: Giselle Erickson, Original Document Custodian, for counsel for the Plaintiff 4, The name of the person who personally verified such pessession is: Giselle Erickson. 5, The time_and date on which possession was verified were: O.SS CAPM Cube, 5.2018 6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification, 7.1 give this statement based on my personal knowledge. Under penalties of perjury, | declare that | have read the foregoing Certification of Possession of Original OttbbA S. and that the facts stated in if are true. Executed on Ottobre 520 18 Ginn Galen Giselle Erickson Original Document Custodian Shapiro, Fishman & Gaché, LLP 18-315584 FCO CGGNOTE June 30, 2004 ATLANTA Georgia {Date} {City] {State} 1414 FORBES STREET »GREEN COVE SPRINGS,FL 32043 [Propeny Address} 1, BORROWER’S PROMISE TO PAY In return for a loan that I have received, | promise to pay U.S. $ 100,661.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is FIDELITY BANK d/b/a FIDELITY BANK MORTGAGE I will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. | will pay interest at a yearly rate of 6.6250 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. Twill make my monthly paymentonthe 1st day of cach month beginning on August 1, 2004 _ Twill make these payments every month until | have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on July 1, 2034 , L still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date.” 1 will make my monthly payments a 3 CORPORATE SQUARE, SUITE 700, ATLANTA, GA 30329 or at a different piace if required by the Note Holder, (B) Amount of Monthly Payments. My monthly payment will be in the amount of U.S. $644.54 4. BORROWER'S RIGHT TO PREPAY Lhave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment.” When I] make a Prepayment, I will teil the Note Holder in writing that 1 am doing so. I may not designate a payment as a Prepayment if 1 have not made all the monthly payments due under the Note. ] may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the duc date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. TRECHE JM Zz 0 FLORIDA FIXED RATE NOTE-Single Family-Fannic Mue/Freddie Mac UNIFORM INSTRUMENT GBD -BMFLY 10005) Form 3210 1/04 © Vat MOMTGAGE FORMS -{8001521-7281 Page tot 3 yy 05/00 tosiass Lf pe5. LOAN CHARGES If a law, which applies to this ioan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5.0000 % of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default If do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. ({C) Notice of Default If | am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that | owe on that amount. That date must be at least 30 day's after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if Tam in default at a later time. (E) Payment of Note Holder’s Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable jaw requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if J give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail 10 the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different address. 8 OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note, The Note Holder may enforce its rights under this Note against cach person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS land any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Hoider to demand payment of amounts due. “Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. TRECHE JM i: 0 Form 3216 1/01 -BNIFL} (0008: Page 2 ot 3 twats DT BD -SNIEL ae 2 ot nats 5we id, UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the same date as this Note, protects the Note Holder from possible Josses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in full of all amounts ! owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. Hf Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED > © Yo ftp yt Vaan fleoe{ ThECEé«E (Seal) Ve Pee Diae (Seal) JUAN MIGUEL TRECHE -Borrewer — YELINA REYES DIAZ “Borrower (Seal) (Seal) -Rorrower Borrower {Seal} (Seal) Borrower -Borrower (Seal) (Seal) -Bortower Borrower {Sign Original Only} TRECHE JM i GBB -SNFL tooo Page 3 of 3 Form 3210 1/01 ‘h SEDUUASE FAY TO. ORDER OF: Countrywi e Document Custody Services, a division of Treasury Bank, N.A. TE Ty SANK Ellen Tressler, AVp ‘ ISaud SOI HOINSS ina STaHOIN, repro ; ass ‘NNW AGIMABLNNOO OL ¥1 Ag HOSSIOONS WN VOU 40 NE 3SHNOOSY LNOHLIM , Wd ~ JO uACHO SHLOL s01084G BurBeseyy 20 eds -y pin INgaISI ya sommes cape — “ONT ‘SNVO? YN‘ Ag Hononuag eon SHEA Say DIAUIS SNVOT AWOH Faia asuncoay IMAYINNOD “on 4NokuA #OUEQO BH OL Ave SNOT NOH Sau O°SCY0 TH OL Avg wHevew se So ned Ae nt i sear, 6WOA OE aes es New ve