Preview
35-2021-CA-001620-AXXX-XX
Filing # 134945685 E-Filed 09/20/2021 05:44:00 ba
IN THE CIRCUIT COURT OF THE.
STH JUDICIAL CIRCUIT, IN-AND FOR,
LAKE COUNTY, FLORIDA
CIVIL DIVISION:
CASE NO.:
VILLAGE CAPITAL '& INVESTMENT, LLC;
Plaintiff,
vs.
HARRY MARSHALL JR. A/K/A HARRY
EDWARD MARSHALL, JR.; GROVES AT
BAYTREE HOMEOWNERS ASSOCIATION,
INC.; UNKNOWN TENANT IN POSSESSION OF
THE SUBJECT PROPERTY,
Defendants.
VERIFIED COMPLAINT.
‘The Plaintiff, VILLAGE CAPITAL & INVESTMENT, LLC, sues the Defendants named in the caption
hereof and alleges:
COUNT I
This is'an action to foreclose a mortgage on real property in LAKE County; Florida.
On‘or about May 21, 2020, HARRY MARSHALL JR. A/K/A- HARRY EDWARD MARSHALL, JR.
executed and delivered a promissory note to VILLAGE CAPITAL & INVESTMENT, LLC. On or about
‘May 21, 2020, HARRY MARSHALL
JR: A/K/A HARRY EDWARD MARSHALL, JR. executed and
delivered a Purchase Money Mortgage securing payment of the same to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. ACTING SOLELY-AS NOMINEE FOR VILLAGE CAPITAL
& INVESTMENT, LLC, which mortgage was recordedin the Official Records Book 5480, Page 283, of
the Public Records of LAKE County, Florida and which mortgaged the property described therein, then
owned by and in possession of said mortgagor. A copy of the note, mortgage and assignment of mortgage
are attached hereto and made a part hereof;
Plaintiff is the holder of the original note secured by the mortgage.
Defendant(s), HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR., own(s) the
property.
‘There has been a default under the Note and Mortgage held by Plaintiff in that the payment due December.
1, 2020 and all subsequent payments have not been made. Plaintiff declares the full amount due under the
Note and Mortgage to be now due, except to the extent any part of that amount is or would be subject toa
statute of limitations defense.
All conditions precedent to the filing of this action have occurred, been satisfied, or beer waived.
2 There is now due and owing to the Plaintiff the following amounts: unpaid principal balance of.
$189,653.54, plus interest, escrow, title search expenses for ascertaining necéssary parties to this suit, title
search; title exam, filing fee, and attorney’s fees and costs.
21-00674' VILLAGE CAPITAL & INVESTMENT, LLC ys. HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 09/21/2021 02:54:45 PM
Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services and to
advance or reimburse the attorneys for their taxable costs. Plaintiff is entitled to an award of attorney’s fees
and costs pursuant to the terms of the Note and Mortgage.
Defendant, as UNKNOWN TENANT in possession of the subject property, may claim some interest in or
lien upon the subject property arising from being in actual possession of same, but interest, if any, is subject
and inferior to the lien of Plaintiff's mortgage.
10. The Defendant, GROVES AT BAYTREE HOMEOWNERS ASSOCIATION, INC. may claim some
interest in or lien upon the subject property by virtue of ANY ASSESSMENTS PURSUANT TO FL
STATUTE 720.3085. Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage.
ll In the event that the Defendant(s), HARRY MARSHALL JR. A/K/A HARRY EDWARD
MARSHALL, JR. has filed a petition for relief in the United States Bankruptcy Court, or has received a
discharge in bankruptcy, Plaintiff does not hereby seek a deficiency judgment or any other claim for money
due under the note and mortgage at issue in this action against said Defendant(s). Said Defendant is joined
in this complaint solely to foreclose any interest the Defendant may have in the real property secured by the
mortgage attached to this Complaint.
WHEREFORE, Plaintiff prays as follows:
(a) That this Court will take jurisdiction of this cause, the subject matter and the parties hereto.
(b). That this Court, subject to any applicable statute of limitations, ascertain and determine the sums
of money due and payable to the Plaintiff from the Defendant(s), including without limitation
principal, interest, advances, attorney fees, and costs pursuant to the Note and Mortgage.
© That the sum of money found to.be due as aforesaid be decreed by this Court to be a lien upon the
lands described in Plaintiff's mortgage.
@ That such lien be foreclosed in accordance with the rules and established practice of this Court,
and upon failure of the Defendants to pay the amount of money found to be due by them to the
Plaintiff, the said land be sold to satisfy said lien.
© That this Court decree that the lien of the Plaintiff is superior to any and all right, title or interest
of the Defendants herein or any person or parties claiming by, through or under them since the
institution of this suit.
( That all right, title or interest of the Defendants or any person claiming by, through or under them
be forever barred and foreclosed.
(g) That this Court grants general relief in this cause as in its discretion might be just and proper
including, but not limited to, a deficiency judgment if sought, if the proceeds of the sale are
insufficient to pay Plaintiff's claim. HOWEVER, IN THE EVENT THAT THE
DEFENDANT(S) HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR.
HAS FILED A PETITION FOR RELIEF IN THE UNITED STATES BANKRUPTCY
COURT OR HAS RECEIVED A DISCHARGE FROM.A UNITED STATES
21-00674 VILLAGE CAPITAL & INVESTMENT, LLC vs. HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR.
BANKRUPTCY COURT, PLAINTIFF DOES NOT SEEK A DEFICIENCY JUDGMENT
OR OTHER CLAIM FOR PAYMENT OF MONEY OWED UNDER THE SUBJECT
NOTE AND MORTGAGE FROM SAID DEFENDANT(S) SHOULD THE PROCEEDS OF
THE SALE BE INSUFFICIENT TO PAY PLAINTIFF’S CLAIM. SAID DEFENDANT IS
JOINED IN THIS COMPLAINT SOLELY TO FORECLOSE ANY INTEREST THE
DEFENDANT MAY HAVE IN THE REAL PROPERTY SECURED BY THE
MORTGAGE ATTACHED TO THIS COMPLAINT.
VERIFICATION
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct
to the best of my knowledge and belief.
Printed tame; SEwyece Ny
Title: AS crane Seoreraey
VILLAGE CAPITAL & INVESTMENT, LLC
By: /s/ Stacy Robins, Esq.
Aamir Saeed, Esq., FBN: 102826
Jason Storrings, Esq., FBN: 027077
Shane Fuller, Esq., FBN: 100230
Migdalia Jordan, Esq., FBN: 125410
Pratik Patel, Esq., FBN: 98057
Stacy Robins, Esq., FBN: 8079
Alemayehu Kassahun, Esq., FBN: 44322
Choice Legal Group, P.A.
P.O. Box 771270
Coral Springs, Florida 33077
Telephone: (954) 453-0365
Facsimile: (954) 771-6052
Toll Free: |-800-441-2438
DESIGNATED PRIMARY EMAIL FOR SERVICE
PURSUANT TO FLA. R. JUD. ADMIN 2.516
eservice@clegalgroup.com
21-00674 VILLAGE CAPITAL & INVESTMENT, LLC’ vs. | HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, R .
EDS 454
CASE #: 17-17-6-2113524
NOTE MIN: 1004919-0001709316-7
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT
THE APPROVAL OF THE DEPARTMENT OF VETERANS
AFFAIRS OR ITS AUTHORIZED AGENT.
May 21, 2020 HENDERSON, Nevada
[Date] [Stato]
4515 CAICOS DR, Tavares, FL 32778
[Property Address]
1 BORROWER'S PROMISE
TO PAY
In return for a loan that I have received, | promise to pay U.S. $191,306.00 (this amount is called “Principal’),
plus interest, to the order of the Lender. The Lender is Village Capital & Investment, LLC,
{ will make all payments under this Note in the form of cash, check or money order.
lunderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
Js 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 2.990 %.
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
| will pay principal and interest by making a payment every month.
| will make my monthly payment on the 1st day of each month beginning on July 1, 2020.
Iwill make these payments every month until | have paid all of the principal and interest and any other charges described
below that | 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 June 1, 2050, | still owe amounts under this Note, | will pay those
amounts in full on that date, which is called the “Maturity Date.”
I will make my monthly payments at 2863 St. Rose Parkway
Henderson, NV 89052
or ata different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S, $805.52.
4 BORROWER'S RIGHT TO PREPAY
Ihave 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 | make a Prepayment, | will tell the Note Holder in writing that | am doing so. | may not designate
a payment as a Prepayment if | have not made all the monthly payments due under the Note.
I 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 Prepaymentto reduce the
Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount
of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
{fa law, which applies to this loan and which sets maximum loan charges, fs 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.
FLORIDA FIXED RATE NOTE — Single Family ~ Fannie Mac/Freddie Mac UNIFORM INSTRUMENT.
Form 3210 1/01 MODIFIED
Ellie Mae, Inc. Page 1 of 3 V3200FLN. 0418
LN (CLS)
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‘08/20/2020 08:02 PM PST
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6. BORROWER'S FAILURETO PAY AS REQUIRED
ESTOS 454
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the endof 45 calendar days
after the date it is due, | will pay a late charge to the Note Holder.
The late charge may not be more than 4,000 % of
any installment. Installment is defined as the total of principal, interest, taxes and insurance. | 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, | 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 | 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 days after the date on which the notice
is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when | 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 | am 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 law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if | give
the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated In Section 3(A) above or at a differant address if | 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 each person individually or against all of us together. This means
that any one of us may be required to pay all of the amounts owed under this Note.
9 WAIVERS.
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
“Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor”
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. 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 losses which might result if | 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. If Borrower fails to pay these sums priorto the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further.
notice or demand on Borrower.
11. ALLONGETOTHIS NOTE
If an allonge providing for payment adjustments or for any other, supplemental information is executed by me
together with this Note, the covenants of the allonge are incorporated into and amends and supplements the covenants
of this Note as if the allonge were a part of this Note. [Check applicable box]
CO Graduated Payment Allonge O other (Specify)
FLORIDA FIXED RATE NOTE — Single Family~ Fannle Mae/Freddle Mac UNIFORM INSTRUMENT
Form 3210 1/01 MODIFIED
Ellie Mae, Inc. Page 2 of 3
(CLS)
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12, VA. REGULATIONS EINSTEIN3454
Regulations (38 C.F.A. Part 36) issued under the Department of Veterans Affairs ("VA’) Guaranteed Loan Authority
(38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the Parties
to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and
‘supplemented to conform thereto.
13,. 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
Mo lo ZY, t
(Seal)
HARRY MARSHALL JR
Lender: Village Capital & Investment, LLC
NMLS ID: 3317
Loan Originator: Stephen Knudson
NMLS ID: 188824:
[Sign Original Only}
FLORIDA FIXED RATE NOTE~ Single Family - Fannie Mac/Freddie Mac UNIFORM INSTRUMENT
Form 3210 1/01 MODIFIED.
Ellie Mae, Page 3 of 3 00FLN 0418,
\V3200FLN (CLS)
ee
05/20/2020 08:02 PM PST
we
ALLONGE TO NOTE
LOANAMOUNT $191,306.00
PROPERTY ADDRESS 4515 CAICOS DR
Tavares, FL 32778
ALLONGE
TO NOTE DATED May 21,2020
IN FAVOR OF Village Capital & Investment, LLC
AND EXECUTED BY Harry Marshall JR
PAY TO THE ORDER OF
WITHOUT RECOURSE Village Capital & Investment,
LLC
BY
Allen Knudson
TITLE President
OR
TITLE: Vice President
Document #1444 LFF305
Ellie Mae, GNI3_ 0103
ee
N13 (CLS)
(05/20/2020 08:02 PM PST
INSTRUMENT#: 2020059591 OR BK 5480 PG 283 PAGES: 15 6/3/2020 9:33:09 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $129.00 MTG DOC: $669.90 INT TAX: $382.61
When recorded, return to:
Village Capital & Investment, LLC
Attn: Final Docs
2863 St. Rose Parkway
Henderson, NV 89052
This document was prepared by:
Melissa Leut
Village Capital & Investment, LLC
2863 St Rose Parkway
Henderson, NV 89052
888-330-6597
Title Order No.: VC51246FL
EscrowNi 51246FL
EI 454
{Space Above This Line for Recording Data]
CASE #: 17-17-6-2113524
MORTGAGE
MERS PHONE #: 1-888-679-6377
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,
18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) “Security Instrument” means this document, which is dated May 21, 2020, together with all Riders to
this document.
(B) “Borrower” is HARRY MARSHALL JR, UNMARRIED.
Borrower is the mortgagor under this Security Instrument.
(C) “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 mortgagee 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, MI 48501-2026, tel. (888) 679-MERS.
(D) “Lender” is Village Capital & Investment, LLC.
Lender is a Limited Liability Company, organized and existing
under the laws of Delaware.
Lender's address is 2863 St. Rose Parkway, Henderson, NV 89052
(E) “Note” means the promissory note signed by Borrower and dated May 24, 2020. ‘The Note states that
Borrower owes Lender ONE HUNDRED NINETY ONE THOUSAND THREE HUNDRED SIX AND NO/100" * **** **
Fenn eeea eee e AHR ann enneuetea tea naabnaueaneatteaeeatesse® Dollars
(U.S. $191,306.00 )
plus interest. Borrowerhas promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
June 1, 2050.
FLORIDA — Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
Ellie Mae, tne. Page 1 of 10 FLEDEED 0120
FLEDEED (CLS)
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INSTRUMENT# 2020059591 OR BOOK 5480/PAGE 284 PAGE 2 of 15
CEISTN3454
(F) “Property” means the property that is described below under the heading “Transfer of Rights in the Property”
(G) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
(H) “Riders” means all Riders to this Security Instrument that are executed by Borrower.
The following Riders are to be
executed by Borrower [check box as applicable):
DAdiustable Rate Rider Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider VA. Rider:
(1-4 Family Rider (Biweekly Payment Rider
Dother(s) [specify]
(1) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and
ministrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
(J) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization,
(K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic
tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not
limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers,
and automated clearinghouse transfers.
(L) “Escrow Items” means those items that are described in Section 3.
(M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third
party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction
of, the Property; (il) condemnation or other taking of all or any part of the Property; (ii) conveyance in lieu of condemna-
tion; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(O) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus
(ji) any amounts under Section 3 of this Security Instrument.
(P) “RESPA” means the Real Estate Settlement ProceduresAct (12 U.S.C. §2601 et seq.) and its implementing regula-
tion, Regulation X (12 C.RR, Part 1024), as they might be amended from time to time, or any additional or successor
legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA’ refers to all
requirements and restrictions that are imposed in regard to a “federally related mortgage loan’ even if the Loan does not
qualify as a “federally related mortgage loan’ under RESPA.
(Q) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party
has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications
of the Note; and (i) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.
For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's
successors and assigns) and to the successors and assigns of MERS, the following described property located in the
County of e
Type of Recording Jurisdiction] [Name of Recording Jurisdiction):
SEE ATTACHED EXHIBIT A LEGAL DESCRIPTION
APN #: 25-19-25-018300027900
which currently has the address of 4515 CAICOS DR, Tavares,
{Street [City]
Florida 32778 (‘Property Address”):
{Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,
and fixtures now or hereaftera part of the property. All replacements and additions shall also be covered by this Security
FLORIDA - Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
Ellie Mae, Inc. Page 2 of 10 FLEDEED 0120
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INSTRUMENT# 2020059591 OR BOOK 5480/PAGE 285 PAGE 3 of 15
CEDSE3454
Instrument. Alll of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and
agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary
to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take
any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised 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.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges
due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3, Payments due under the Note
and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender
as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all
subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,
as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality,
or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any
payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may
accept any payment or partial payment insufficient to bring the Loan current, without waiverof any rights hereunder or
prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such
payments at the time such payments are accepted, If each Periodic Paymentis applied as of its scheduled due date, then
Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment
to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such
funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance
under the Note immediately priorto foreclosure. No offset or claim which Borrower might have now or in the future against
Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the
covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due
under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order
in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due
under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than
one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
Periodic Payments if, and to the extent that, each payment can be paid in full.To the extent that any excess exists after
the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any lato
charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full, a sum (the *Funds') to provide for payment of amounts due for: (a) taxes and assessments and
other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; )) leasehold
payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under
Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the pay-
ment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow
Items.” At origination orat any time during the term of the Loan, Lender may require that Community Association Dues,
Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shail be an Escrow Iter
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender
the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver
may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to
Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make
‘such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in
this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. f Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may
exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay
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to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts,
that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at
the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender
shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federat agency, instrumentality, or entity
(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall
apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower
for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender
pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid
on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender
shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in
escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender
the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if
any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,
Borrower shall pay them in the manner provided in Section 3.
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, but only so long as
Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien
in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings
are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement sat-
‘isfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property
is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying
the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of
the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used
by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but
not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the
amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the
preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be
chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unrea-
sonably, Lender may require Borrowerto pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal
Emergency Management Agency in connection with the review of any flood zone determination resulting from an objec-
tion by Borrower,
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's
option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage.
Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property,
or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than
was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly
exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5
shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the
Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
Allinsurance policies required by Lender and renewals of such policies shall be subjectto Lender's rightto disapprove
such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional
loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall
promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance
coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a
standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of
loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds,
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35-2021-CA-001620-AXXX-XX Filing # 134945685 E-Filed 09/20/2021 05:44:00 ba IN THE CIRCUIT COURT OF THE. STH JUDICIAL CIRCUIT, IN-AND FOR, LAKE COUNTY, FLORIDA CIVIL DIVISION: CASE NO.: VILLAGE CAPITAL '& INVESTMENT, LLC; Plaintiff, vs. HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR.; GROVES AT BAYTREE HOMEOWNERS ASSOCIATION, INC.; UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. VERIFIED COMPLAINT. ‘The Plaintiff, VILLAGE CAPITAL & INVESTMENT, LLC, sues the Defendants named in the caption hereof and alleges: COUNT I This is'an action to foreclose a mortgage on real property in LAKE County; Florida. On‘or about May 21, 2020, HARRY MARSHALL JR. A/K/A- HARRY EDWARD MARSHALL, JR. executed and delivered a promissory note to VILLAGE CAPITAL & INVESTMENT, LLC. On or about ‘May 21, 2020, HARRY MARSHALL JR: A/K/A HARRY EDWARD MARSHALL, JR. executed and delivered a Purchase Money Mortgage securing payment of the same to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY-AS NOMINEE FOR VILLAGE CAPITAL & INVESTMENT, LLC, which mortgage was recordedin the Official Records Book 5480, Page 283, of the Public Records of LAKE County, Florida and which mortgaged the property described therein, then owned by and in possession of said mortgagor. A copy of the note, mortgage and assignment of mortgage are attached hereto and made a part hereof; Plaintiff is the holder of the original note secured by the mortgage. Defendant(s), HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR., own(s) the property. ‘There has been a default under the Note and Mortgage held by Plaintiff in that the payment due December. 1, 2020 and all subsequent payments have not been made. Plaintiff declares the full amount due under the Note and Mortgage to be now due, except to the extent any part of that amount is or would be subject toa statute of limitations defense. All conditions precedent to the filing of this action have occurred, been satisfied, or beer waived. 2 There is now due and owing to the Plaintiff the following amounts: unpaid principal balance of. $189,653.54, plus interest, escrow, title search expenses for ascertaining necéssary parties to this suit, title search; title exam, filing fee, and attorney’s fees and costs. 21-00674' VILLAGE CAPITAL & INVESTMENT, LLC ys. HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 09/21/2021 02:54:45 PM Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services and to advance or reimburse the attorneys for their taxable costs. Plaintiff is entitled to an award of attorney’s fees and costs pursuant to the terms of the Note and Mortgage. Defendant, as UNKNOWN TENANT in possession of the subject property, may claim some interest in or lien upon the subject property arising from being in actual possession of same, but interest, if any, is subject and inferior to the lien of Plaintiff's mortgage. 10. The Defendant, GROVES AT BAYTREE HOMEOWNERS ASSOCIATION, INC. may claim some interest in or lien upon the subject property by virtue of ANY ASSESSMENTS PURSUANT TO FL STATUTE 720.3085. Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage. ll In the event that the Defendant(s), HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR. has filed a petition for relief in the United States Bankruptcy Court, or has received a discharge in bankruptcy, Plaintiff does not hereby seek a deficiency judgment or any other claim for money due under the note and mortgage at issue in this action against said Defendant(s). Said Defendant is joined in this complaint solely to foreclose any interest the Defendant may have in the real property secured by the mortgage attached to this Complaint. WHEREFORE, Plaintiff prays as follows: (a) That this Court will take jurisdiction of this cause, the subject matter and the parties hereto. (b). That this Court, subject to any applicable statute of limitations, ascertain and determine the sums of money due and payable to the Plaintiff from the Defendant(s), including without limitation principal, interest, advances, attorney fees, and costs pursuant to the Note and Mortgage. © That the sum of money found to.be due as aforesaid be decreed by this Court to be a lien upon the lands described in Plaintiff's mortgage. @ That such lien be foreclosed in accordance with the rules and established practice of this Court, and upon failure of the Defendants to pay the amount of money found to be due by them to the Plaintiff, the said land be sold to satisfy said lien. © That this Court decree that the lien of the Plaintiff is superior to any and all right, title or interest of the Defendants herein or any person or parties claiming by, through or under them since the institution of this suit. ( That all right, title or interest of the Defendants or any person claiming by, through or under them be forever barred and foreclosed. (g) That this Court grants general relief in this cause as in its discretion might be just and proper including, but not limited to, a deficiency judgment if sought, if the proceeds of the sale are insufficient to pay Plaintiff's claim. HOWEVER, IN THE EVENT THAT THE DEFENDANT(S) HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR. HAS FILED A PETITION FOR RELIEF IN THE UNITED STATES BANKRUPTCY COURT OR HAS RECEIVED A DISCHARGE FROM.A UNITED STATES 21-00674 VILLAGE CAPITAL & INVESTMENT, LLC vs. HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR. BANKRUPTCY COURT, PLAINTIFF DOES NOT SEEK A DEFICIENCY JUDGMENT OR OTHER CLAIM FOR PAYMENT OF MONEY OWED UNDER THE SUBJECT NOTE AND MORTGAGE FROM SAID DEFENDANT(S) SHOULD THE PROCEEDS OF THE SALE BE INSUFFICIENT TO PAY PLAINTIFF’S CLAIM. SAID DEFENDANT IS JOINED IN THIS COMPLAINT SOLELY TO FORECLOSE ANY INTEREST THE DEFENDANT MAY HAVE IN THE REAL PROPERTY SECURED BY THE MORTGAGE ATTACHED TO THIS COMPLAINT. VERIFICATION Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Printed tame; SEwyece Ny Title: AS crane Seoreraey VILLAGE CAPITAL & INVESTMENT, LLC By: /s/ Stacy Robins, Esq. Aamir Saeed, Esq., FBN: 102826 Jason Storrings, Esq., FBN: 027077 Shane Fuller, Esq., FBN: 100230 Migdalia Jordan, Esq., FBN: 125410 Pratik Patel, Esq., FBN: 98057 Stacy Robins, Esq., FBN: 8079 Alemayehu Kassahun, Esq., FBN: 44322 Choice Legal Group, P.A. P.O. Box 771270 Coral Springs, Florida 33077 Telephone: (954) 453-0365 Facsimile: (954) 771-6052 Toll Free: |-800-441-2438 DESIGNATED PRIMARY EMAIL FOR SERVICE PURSUANT TO FLA. R. JUD. ADMIN 2.516 eservice@clegalgroup.com 21-00674 VILLAGE CAPITAL & INVESTMENT, LLC’ vs. | HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, R . EDS 454 CASE #: 17-17-6-2113524 NOTE MIN: 1004919-0001709316-7 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. May 21, 2020 HENDERSON, Nevada [Date] [Stato] 4515 CAICOS DR, Tavares, FL 32778 [Property Address] 1 BORROWER'S PROMISE TO PAY In return for a loan that I have received, | promise to pay U.S. $191,306.00 (this amount is called “Principal’), plus interest, to the order of the Lender. The Lender is Village Capital & Investment, LLC, { will make all payments under this Note in the form of cash, check or money order. lunderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who Js 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 2.990 %. 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 | will pay principal and interest by making a payment every month. | will make my monthly payment on the 1st day of each month beginning on July 1, 2020. Iwill make these payments every month until | have paid all of the principal and interest and any other charges described below that | 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 June 1, 2050, | still owe amounts under this Note, | will pay those amounts in full on that date, which is called the “Maturity Date.” I will make my monthly payments at 2863 St. Rose Parkway Henderson, NV 89052 or ata different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S, $805.52. 4 BORROWER'S RIGHT TO PREPAY Ihave 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 | make a Prepayment, | will tell the Note Holder in writing that | am doing so. | may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note. I 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 Prepaymentto reduce the Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES {fa law, which applies to this loan and which sets maximum loan charges, fs 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. FLORIDA FIXED RATE NOTE — Single Family ~ Fannie Mac/Freddie Mac UNIFORM INSTRUMENT. Form 3210 1/01 MODIFIED Ellie Mae, Inc. Page 1 of 3 V3200FLN. 0418 LN (CLS) oe ‘08/20/2020 08:02 PM PST . . 6. BORROWER'S FAILURETO PAY AS REQUIRED ESTOS 454 (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the endof 45 calendar days after the date it is due, | will pay a late charge to the Note Holder. The late charge may not be more than 4,000 % of any installment. Installment is defined as the total of principal, interest, taxes and insurance. | 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, | 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 | 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 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when | 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 | am 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 law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if | give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated In Section 3(A) above or at a differant address if | 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 each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9 WAIVERS. 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. 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 losses which might result if | 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. If Borrower fails to pay these sums priorto the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further. notice or demand on Borrower. 11. ALLONGETOTHIS NOTE If an allonge providing for payment adjustments or for any other, supplemental information is executed by me together with this Note, the covenants of the allonge are incorporated into and amends and supplements the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] CO Graduated Payment Allonge O other (Specify) FLORIDA FIXED RATE NOTE — Single Family~ Fannle Mae/Freddle Mac UNIFORM INSTRUMENT Form 3210 1/01 MODIFIED Ellie Mae, Inc. Page 2 of 3 (CLS) os/z0re026 08:02 M PST i ‘= “ + 12, VA. REGULATIONS EINSTEIN3454 Regulations (38 C.F.A. Part 36) issued under the Department of Veterans Affairs ("VA’) Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the Parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and ‘supplemented to conform thereto. 13,. 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 Mo lo ZY, t (Seal) HARRY MARSHALL JR Lender: Village Capital & Investment, LLC NMLS ID: 3317 Loan Originator: Stephen Knudson NMLS ID: 188824: [Sign Original Only} FLORIDA FIXED RATE NOTE~ Single Family - Fannie Mac/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01 MODIFIED. Ellie Mae, Page 3 of 3 00FLN 0418, \V3200FLN (CLS) ee 05/20/2020 08:02 PM PST we ALLONGE TO NOTE LOANAMOUNT $191,306.00 PROPERTY ADDRESS 4515 CAICOS DR Tavares, FL 32778 ALLONGE TO NOTE DATED May 21,2020 IN FAVOR OF Village Capital & Investment, LLC AND EXECUTED BY Harry Marshall JR PAY TO THE ORDER OF WITHOUT RECOURSE Village Capital & Investment, LLC BY Allen Knudson TITLE President OR TITLE: Vice President Document #1444 LFF305 Ellie Mae, GNI3_ 0103 ee N13 (CLS) (05/20/2020 08:02 PM PST INSTRUMENT#: 2020059591 OR BK 5480 PG 283 PAGES: 15 6/3/2020 9:33:09 AM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $129.00 MTG DOC: $669.90 INT TAX: $382.61 When recorded, return to: Village Capital & Investment, LLC Attn: Final Docs 2863 St. Rose Parkway Henderson, NV 89052 This document was prepared by: Melissa Leut Village Capital & Investment, LLC 2863 St Rose Parkway Henderson, NV 89052 888-330-6597 Title Order No.: VC51246FL EscrowNi 51246FL EI 454 {Space Above This Line for Recording Data] CASE #: 17-17-6-2113524 MORTGAGE MERS PHONE #: 1-888-679-6377 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) “Security Instrument” means this document, which is dated May 21, 2020, together with all Riders to this document. (B) “Borrower” is HARRY MARSHALL JR, UNMARRIED. Borrower is the mortgagor under this Security Instrument. (C) “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 mortgagee 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, MI 48501-2026, tel. (888) 679-MERS. (D) “Lender” is Village Capital & Investment, LLC. Lender is a Limited Liability Company, organized and existing under the laws of Delaware. Lender's address is 2863 St. Rose Parkway, Henderson, NV 89052 (E) “Note” means the promissory note signed by Borrower and dated May 24, 2020. ‘The Note states that Borrower owes Lender ONE HUNDRED NINETY ONE THOUSAND THREE HUNDRED SIX AND NO/100" * **** ** Fenn eeea eee e AHR ann enneuetea tea naabnaueaneatteaeeatesse® Dollars (U.S. $191,306.00 ) plus interest. Borrowerhas promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1, 2050. FLORIDA — Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Ellie Mae, tne. Page 1 of 10 FLEDEED 0120 FLEDEED (CLS) ae (05/20/2020 08:02 PM PS" INSTRUMENT# 2020059591 OR BOOK 5480/PAGE 284 PAGE 2 of 15 CEISTN3454 (F) “Property” means the property that is described below under the heading “Transfer of Rights in the Property” (G) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): DAdiustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider VA. Rider: (1-4 Family Rider (Biweekly Payment Rider Dother(s) [specify] (1) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and ministrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization, (K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) “Escrow Items” means those items that are described in Section 3. (M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (il) condemnation or other taking of all or any part of the Property; (ii) conveyance in lieu of condemna- tion; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ji) any amounts under Section 3 of this Security Instrument. (P) “RESPA” means the Real Estate Settlement ProceduresAct (12 U.S.C. §2601 et seq.) and its implementing regula- tion, Regulation X (12 C.RR, Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA’ refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan’ even if the Loan does not qualify as a “federally related mortgage loan’ under RESPA. (Q) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (i) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County of e Type of Recording Jurisdiction] [Name of Recording Jurisdiction): SEE ATTACHED EXHIBIT A LEGAL DESCRIPTION APN #: 25-19-25-018300027900 which currently has the address of 4515 CAICOS DR, Tavares, {Street [City] Florida 32778 (‘Property Address”): {Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereaftera part of the property. All replacements and additions shall also be covered by this Security FLORIDA - Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Ellie Mae, Inc. Page 2 of 10 FLEDEED 0120 FLEDEED (CLS) Hee (05/20/2020 08:02 PM PST INSTRUMENT# 2020059591 OR BOOK 5480/PAGE 285 PAGE 3 of 15 CEDSE3454 Instrument. Alll of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised 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. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3, Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiverof any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted, If each Periodic Paymentis applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately priorto foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any lato charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the *Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; )) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the pay- ment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow Items.” At origination orat any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shail be an Escrow Iter Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make ‘such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. f Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay FLORIDA ~ Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Ellie Mae, Inc. Page 3 of 10 FLEDEED 0120 FLEDEED (CLS) (05/20/2020 08:02 PM PST INSTRUMENT# 2020059591 OR BOOK 5480/PAGE 286 PAGE 4 of 15 ENS 454 to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federat agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 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, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement sat- ‘isfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unrea- sonably, Lender may require Borrowerto pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objec- tion by Borrower, If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. Allinsurance policies required by Lender and renewals of such policies shall be subjectto Lender's rightto disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, FLORIDA — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Ellie Mae, inc. Page 4 of 10 FLEDEED (CL) 05/20/2020 08:02 PM PST INSTRUMENT# 2020059591 OR BOOK 5480/PAGE 287 PAGE 5 of 15