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35-2021-CA-002011-AXXX-XX
DocuSian Envelope ID: FOE9B73E-C65B-470C-8F81-4A57ESAE1C40
Filing # 139390842 E-Filed 11/30/2021 04:28:00 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY,
FLORIDA
WILMINGTON SAVINGS FUND SOCIETY, FSB, CASE NO.
AS TRUSTEE OF STANWICH MORTGAGE
LOAN TRUST F, DIVISION
Plaintiff(s),
vs.
UNKNOWN HEIRS, BENEFICIARIES,
DEVISEES, SURVIVING SPOUSE, GRANTEES,
ASSIGNEE, LIENORS, CREDITORS, TRUSTEES,
AND ALL OTHER PARTIES CLAIMING AN
INTEREST BY THROUGH UNDER OR AGAINST
THE ESTATE OF ALPHONZO FERNANDEZ,
DECEASED; FOUNDATION FINANCE
COMPANY LLC; DEITRICH FERNANDEZ;
ARTHEISA WILLIS FERNANDEZ; DIANE
FERNANDEZ; UNKNOWN TENANT #l;
UNKNOWN TENANT #2;
Defendant(s).
VERIFIED COMPLAINT FOR RESIDENTIAL FORECLOSURE
Comes now, the Plaintiff, WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF
STANWICH MORTGAGE LOAN TRUST F by and through the undersigned counsel, and hereby sues
Defendants, alleging:
COUNT ONE: FORECLOSURE
1 This is an action to foreclose a Mortgage on real property located in Lake County, Florida.
2. The subject Promissory Note (“Note”) dated February 26, 2009, was executed and delivered to
Plaintiff or Plaintiff's predecessor in interest. The subject Mortgage securing payment of the Note was recorded
on or about March 11, 2009, in Official Records Book 3742, at Page 1907, of the Public Records of Lake County,
Florida, and mortgaged the subject real property then owned by and in possession of the mortgagor(s). A copy
of the subject Promissory Note and Mortgage are attached hereto and incorporated herein (including any
applicable assignments).
3. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right, title,
claim, lien or interest arising out of mortgagor or the mortgagor's predecessors in interest.
1133-2618B
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 12/01/2021 03:36:56 PM.
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4 Plaintiff is the holder of the original note secured by the mortgage.
5 ALPHONZO FERNANDEZ, DECEASED has defaulted under the covenants, terms and
agreements of the Note in that the payment due June 1, 2020, and all subsequent payments have not been paid.
6. ALPHONZO FERNANDEZ, DECEASED has breached the covenants, terms and agreements
of the Mortgage by virtue of failure to make the payments due under the terms of the Note.
7 ALPHONZO FERNANDEZ, DECEASED owe(s) Plaintiff $71,614.70 that is now due and
owing on principal, plus interest from and after May 1, 2020 and title search expenses for ascertaining necessary
parties to this action.
8 In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem Taxes,
premiums on insurance required by the Mortgage and other necessary costs, or may be required to make such
advances during the pendency of this action. Any such sum so paid will be due and owing Plaintiff.
9. The record legal title to said mortgaged property is now vested in Defendant(s), UNKNOWN
HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS,
CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY THROUGH
UNDER OR AGAINST THE ESTATE OF ALPHONZO FERNANDEZ, DECEASED, and upon information
and belief Defendant(s) hold possession.
10. All conditions precedent to the acceleration of this Note and to foreclosure the mortgage have
been fulfilled and have occurred.
I. For purposes of foreclosure, the Plaintiff has retained the undersigned attorneys and is obligated
to pay said attorneys a reasonable fee for services rendered.
12. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and
subject to the prior claim of Plaintiff. More particularly, the remaining Defendants claim some right, title and
interest in and to the mortgaged premises in the following manner:
a. Defendant, FOUNDATION FINANCE COMPANY LLC, may claim some right, title
or interest in the property herein sought to be foreclosed by virtue of a that certain
Uniform Commercial Code Financing Statement recorded in Official Records Book
5683, at Page 1237 of the Public Records of Lake County, Florida; however, said
interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage.
1133-2618B
DocuSign Envelope ID: FOE9B73E-C65B-470C-8F81-4A57E5AE1C40
Defendant, DEITRICH FERNANDEZ, may claim some right, title or interest in the
property herein sought to be foreclosed by virtue of a potential estate interest; however,
said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's
mortgage.
Defendant, ARTHEISA WILLIS FERNANDEZ, may claim some right, title or
interest in the property herein sought to be foreclosed by virtue of a potential estate
interest; however, said interest, if any, is subordinate, junior, and inferior to the lien of
Plaintiff's mortgage.
Defendant, DIANE FERNANDEZ, may claim some right, title or interest in the
property herein sought to be foreclosed by virtue of a potential estate interest; however,
said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiffs
mortgage.
Defendant(s), UNKNOWN TENANT #1 and UNKNOWN TENANT #2, may claim
some right, title or interest in the property herein sought to be foreclosed by virtue of
a possession or some other unknown interest, the exact nature of which is unknown to
Plaintiff and not a matter of public record; however, said interest, if any, is subordinate,
junior, and inferior to the lien of Plaintiff's mortgage.
WHEREFORE, Plaintiff prays the Court as follows:
Plaintiff requests that the Court ascertain the amount due to Plaintiff for principal and interest on the
Note and Mortgage and for late charges, abstracting, taxes, expenses, and costs, including attorney’s
fees, plus interest thereon; that if the sums due to the Plaintiff under the Note and Mortgage are not paid
immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the
indebtedness to satisfy Plaintiff's mortgage lien in accordance with the provisions of Florida Statutes
§45.031 (2006); that the Court retain jurisdiction of this action to make any and all further orders and
judgments as may be necessary and proper, including the issuance of a writ of possession and the entry
1133-2618B
DocuSign Envelope ID: FOE9B73E-C65B-470C-8F81-4A57E5AE1C40
of a deficiency decree, unless any Defendant personally liable is discharged from liability pursuant to
the provisions of the Bankruptcy Code, 11 U.S.C. § 101, et.seq.
VERIFICATION
Under penalty 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.
CARRINGTON MORTGAGE SERVICES, LLC, AS SERVICER
AND ATTORNEY-IN-FACT FOR WILMINGTON SAVINGS
FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH
MORTGAGE LOAN TRUST F
Veronica Koller
By:
Veronica Robles
Printed Name:
Default Supervisor
Title:
11/22/2021
Date:
Aldridge Pite, LLP
Attorney for Plaintiff
1615 South Congress Avenue
Suite 200
Delray Beach, FL 33445
Phone: 561-392-6391 Fax: 561-392-6965
‘ Digitally signed by Zachary
Uliman
Pa. Bar [06751
Date: 2021-11-30 12:58:46
PLEASE NOTE 15.U.S.C. §1692(G)(d) OF THE FAIR DEBT COLLECTIONS PRACTICES ACT
PROVIDES:
(d) Legal pleadings. A communication in the form of a formal pleading in a civil action shall not
be treated as an initial communication for purposes of subsection (a) of this section.
1133-2618B
9 ©s
fy~ 312 fs
NOTE Loan Ni
FHA Case No
FEBRUARY 26 2009 WINTER PARK FLORIDA
{Date} {City} {State}
4110 ELM STREET, LADY LAKE FLORIDA 32159
{Property Address}
4 PARTIES
“Borrower" means each person signing at the end of this Note, and the person's successors and assigns.
"Lender" means SPECTRUM INTERNATIONAL MORTGAGE SERVICES INC., A
FLORIDA CORPORATION and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of EIGHTY-EIGHT
THOUSAND FIVE HUNDRED TWENTY-TWO AND 00/100
Dollars (U.S. $ 88,522.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid
principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX AND
0000/1000 percent ( 6.000 %)
per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower" s promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated
the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from
losses which might result if Borrower defaults under this Note.
4 MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the LSt day of each month beginning
on APRIL 1 2009 Any principal and interest remaining on the ist day of
MARCH 2039 will be due on that date, which is called the “Maturity Date."
(B) Place
Payment shall be made at 2729 W FAIRBANKS AVENUE, WINTER PARK, FLORIDA
32789
or at such other place
as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S.$ 530.73
This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to
principal, interest and other items in the order described in the Security Instrument.
FLORIDA - FHA FIXED RATE NOTE
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(D) Allonge to this Note for Payment Adjustments
Ifan allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants
of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge
were a part of this Note.
(Check applicable box.)
(9 Growing Equity Allonge
(4 Graduated Payment Allonge
©) Other [specify]:
5 BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty,
on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest
‘on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations
of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount
of the monthly payment unless Lender agrees in writing to those changes,
6. BORROWER'S FAILURE TO PAY
{A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in
Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late
charge in the amount of FOUR AND 000/1000 percent ( 4.000 %)
of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by
regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance
remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in
the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit Lender's
rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration
when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and
Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs
and expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited
by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the
principal of this Note.
7 WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice
of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of
dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note
will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a
different address if Borrower has given Lender a notice of Borrower's different address,
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address
stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
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9 OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including
the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in
this Note, Lender may enforce its rights under this Note against cach person individually or against all signatories
together. Any one person signing this Note may be required to pay all of the amounts owed under this Note.
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages | through
3 of this Note.
A phirgs L (| (Seal) (Seal)
ALPHOMZO FERNANDEZ -Borrower Borrower
Seal) (Seal)
Borrower -Borrower
(Seal) (Seal)
Borrower -Borrower
JPMorgan Chase Bank NA
Pay to the order of without
recourse this __day of 20_.
Freedom Mortgage Corporation
é
Stan Moskowitz/cpa
Treasurer/Chief Financial Officer
[Sign Original Only)
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ALLONGE
Loan iT
Allonge to that certain note dated: FEbruary 26, 2009
S
In the amount of: $88,522.00
From: SPECTRUM INTERNATIONAL MORTGAGE SERVICES,
INC. A FLORIDA CORPORATION
To: Alphonzo Fernandez
Property Address: 4110 Elm Street
Lady Lake, Florida 32159
Pay to the order of, without recourse:
FREEDOM MORTGAGE CORPORATION
This 26dayof February, 2009
fe
JZ. 7
Nan: RUCE WOODBURN
TITLE: PRESIDENT
COMPANY: SPECTRUM INTERNATIONAL MORTGAGE
SERVICES, INC. A FLORIDA CORPORATION
If di Allonge to Note
coe
Borrower: Alphonzo Fernandez
Address: 4110 Elm Street
Lady Lake, FL 32159
Loan Amount: $88,522.00
Allonge to one certain note dated February 26, 2009 and executed by Alphonzo
Fernandez.
Pay to the order of its successor and/or
assigns without recourse in any event.
Without recourse
JP MORGAN CHASE BANK, N.A.
Vey KL pate
Type / mrintbeiame of Signor: PATSY L. YEATES
Type / Printed Title of Signor: ASSISTANT SECRETARY
o
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Bk 03742 Pas 1907 - 1915) (fpasy
BATE: O3/11/2009 OLE5L206 PH
WEIL RELLY: CLERK OF COURT
LAKE COUNTY
RECORDING FEES 78.00
¥ is Instrument Prepared By: ATG DOC 310.10
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After Recording
MORICAGE SERVICES, IN.
2723 W AVENE © 1
WINIER FLORIDA 32789
{Space Above This wind
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aRecording Data]
MORTGAGE FHA CASE NO.
a
THIS MORTGAGE ("Security Instrument") is given on FEBRUARY 26 2009
The mortgagor is ALPHONZO FERNANDEZ A SINGLE MAN
("Borrower").
This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS") as Mortgagee. MERS.
is the nominee for Lender, as hereinafter defined, and Lender's successors and assigns. MERS is organized and
existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-
(888) 679-MERS.
2026, te!
SPECTRUM INTERNATIONAL MORTGAGE SERVICES, INC., A FLORIDA CORPORATION ("Lender )
is organized and existing under the laws of FLORIDA
and has an address of 2729 W FAIRBANKS AVENUE, WINTER PARK, FLORIDA
32789
Borrower owes Lender the principal sum of EIGHTY-EIGHT THOUSAND FIVE HUNDRED
TWENTY-TWO AND 00/100 Dollars (U.S.$ 88,522.00 )
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides
for monthly payments, with the full debt, if not paid earlier, due and payable on MARCH 1 2039
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and
all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced
under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants
and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant
and con’ y 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 LAKE County, Florida:
LOT 9 BLOCK 1, CARLTON VILLAGE, ACCORDING TO THE MAP OR PLAT
THEREOF, AS RECORDED IN PLAT BOOK 12, PAGES 56 AND 109 THROUGH
112, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORID.
N. 11-18-24-010000100900
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which has the address of 4110 ELM STREET
[Street]
LADY LAKE » Florida 32159 ("Property Address"):
[city] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security
Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors
and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose
and sell the Property; and to take any action required of Lender including, but not limited to, releasing or 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 and Late Charge. Borrower shall pay when due the principal of, and
interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly
payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the
Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
which such premium would have been required if Lender still held the Security Instrument, each monthly payment
shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items
are called "Escrow Items” and the sums paid to Lender are called "Escrow Funds.”
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. § 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended
from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements
or disbursements before the Borrower's payments are available in the account may not be based on amounts due for
the mortgage insurance premium.
Ifthe amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall
account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time
are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make
up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance
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remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has
not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be
credited with any balance remaining for all installments for items (a), (b), and (c).
3 Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
FIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge
by the Secretary instead of the monthly mortgage insurance premium;
SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other
hazard insurance premiums, as required;
THIRD, to interest due under the Note;
FOURTH, to amortization of the principal of the Note; and
FIFTH, to late charges due under the Note.
4 Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire,
for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that
Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or
subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with
companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include
loss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance
proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and
this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the
purchaser,
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating
circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow
the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is
vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant
or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave
materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
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leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the
Icaschold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are
hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid
under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness
under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in
paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend
or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such
payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
1 Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly
affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's
rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be
secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate,
and at the option of Lender shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests
in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's
opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement
satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the
Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within
10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9 Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment
defaults, require immediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d)
of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior
approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is
sold or otherwise transferred (other than by devise or descent), and
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(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property, but his or her credit has not been approved in
accordance with the requirements of the Secretary.
© No Waiver. If circumstances occur that would permit Lender to require immediate payment in full,
but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit
Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not
paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations
of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 DAYS
from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this
Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to
60 DAYS from the date hereof, declining to insure this Security Instrument and
the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option
may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit
a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies
even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a
lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of
Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys’ fees and expenses
properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and
the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full.
However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencement of a current
foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)
is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this
Security Instrument or the Note without that Borrower's consent.
3. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed
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to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall
be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.
Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when
given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument
or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security
Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply
to the presence, use, or storage on the Property of small quant ies of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowle
Preview
35-2021-CA-002011-AXXX-XX DocuSian Envelope ID: FOE9B73E-C65B-470C-8F81-4A57ESAE1C40 Filing # 139390842 E-Filed 11/30/2021 04:28:00 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA WILMINGTON SAVINGS FUND SOCIETY, FSB, CASE NO. AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST F, DIVISION Plaintiff(s), vs. UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY THROUGH UNDER OR AGAINST THE ESTATE OF ALPHONZO FERNANDEZ, DECEASED; FOUNDATION FINANCE COMPANY LLC; DEITRICH FERNANDEZ; ARTHEISA WILLIS FERNANDEZ; DIANE FERNANDEZ; UNKNOWN TENANT #l; UNKNOWN TENANT #2; Defendant(s). VERIFIED COMPLAINT FOR RESIDENTIAL FORECLOSURE Comes now, the Plaintiff, WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST F by and through the undersigned counsel, and hereby sues Defendants, alleging: COUNT ONE: FORECLOSURE 1 This is an action to foreclose a Mortgage on real property located in Lake County, Florida. 2. The subject Promissory Note (“Note”) dated February 26, 2009, was executed and delivered to Plaintiff or Plaintiff's predecessor in interest. The subject Mortgage securing payment of the Note was recorded on or about March 11, 2009, in Official Records Book 3742, at Page 1907, of the Public Records of Lake County, Florida, and mortgaged the subject real property then owned by and in possession of the mortgagor(s). A copy of the subject Promissory Note and Mortgage are attached hereto and incorporated herein (including any applicable assignments). 3. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's predecessors in interest. 1133-2618B FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 12/01/2021 03:36:56 PM. DocuSign Envelope ID: FOE9B73E-C65B-470C-8F81-4A57E5AE1C40 4 Plaintiff is the holder of the original note secured by the mortgage. 5 ALPHONZO FERNANDEZ, DECEASED has defaulted under the covenants, terms and agreements of the Note in that the payment due June 1, 2020, and all subsequent payments have not been paid. 6. ALPHONZO FERNANDEZ, DECEASED has breached the covenants, terms and agreements of the Mortgage by virtue of failure to make the payments due under the terms of the Note. 7 ALPHONZO FERNANDEZ, DECEASED owe(s) Plaintiff $71,614.70 that is now due and owing on principal, plus interest from and after May 1, 2020 and title search expenses for ascertaining necessary parties to this action. 8 In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem Taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be required to make such advances during the pendency of this action. Any such sum so paid will be due and owing Plaintiff. 9. The record legal title to said mortgaged property is now vested in Defendant(s), UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY THROUGH UNDER OR AGAINST THE ESTATE OF ALPHONZO FERNANDEZ, DECEASED, and upon information and belief Defendant(s) hold possession. 10. All conditions precedent to the acceleration of this Note and to foreclosure the mortgage have been fulfilled and have occurred. I. For purposes of foreclosure, the Plaintiff has retained the undersigned attorneys and is obligated to pay said attorneys a reasonable fee for services rendered. 12. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and subject to the prior claim of Plaintiff. More particularly, the remaining Defendants claim some right, title and interest in and to the mortgaged premises in the following manner: a. Defendant, FOUNDATION FINANCE COMPANY LLC, may claim some right, title or interest in the property herein sought to be foreclosed by virtue of a that certain Uniform Commercial Code Financing Statement recorded in Official Records Book 5683, at Page 1237 of the Public Records of Lake County, Florida; however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. 1133-2618B DocuSign Envelope ID: FOE9B73E-C65B-470C-8F81-4A57E5AE1C40 Defendant, DEITRICH FERNANDEZ, may claim some right, title or interest in the property herein sought to be foreclosed by virtue of a potential estate interest; however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. Defendant, ARTHEISA WILLIS FERNANDEZ, may claim some right, title or interest in the property herein sought to be foreclosed by virtue of a potential estate interest; however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. Defendant, DIANE FERNANDEZ, may claim some right, title or interest in the property herein sought to be foreclosed by virtue of a potential estate interest; however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiffs mortgage. Defendant(s), UNKNOWN TENANT #1 and UNKNOWN TENANT #2, may claim some right, title or interest in the property herein sought to be foreclosed by virtue of a possession or some other unknown interest, the exact nature of which is unknown to Plaintiff and not a matter of public record; however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. WHEREFORE, Plaintiff prays the Court as follows: Plaintiff requests that the Court ascertain the amount due to Plaintiff for principal and interest on the Note and Mortgage and for late charges, abstracting, taxes, expenses, and costs, including attorney’s fees, plus interest thereon; that if the sums due to the Plaintiff under the Note and Mortgage are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy Plaintiff's mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2006); that the Court retain jurisdiction of this action to make any and all further orders and judgments as may be necessary and proper, including the issuance of a writ of possession and the entry 1133-2618B DocuSign Envelope ID: FOE9B73E-C65B-470C-8F81-4A57E5AE1C40 of a deficiency decree, unless any Defendant personally liable is discharged from liability pursuant to the provisions of the Bankruptcy Code, 11 U.S.C. § 101, et.seq. VERIFICATION Under penalty 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. CARRINGTON MORTGAGE SERVICES, LLC, AS SERVICER AND ATTORNEY-IN-FACT FOR WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST F Veronica Koller By: Veronica Robles Printed Name: Default Supervisor Title: 11/22/2021 Date: Aldridge Pite, LLP Attorney for Plaintiff 1615 South Congress Avenue Suite 200 Delray Beach, FL 33445 Phone: 561-392-6391 Fax: 561-392-6965 ‘ Digitally signed by Zachary Uliman Pa. Bar [06751 Date: 2021-11-30 12:58:46 PLEASE NOTE 15.U.S.C. §1692(G)(d) OF THE FAIR DEBT COLLECTIONS PRACTICES ACT PROVIDES: (d) Legal pleadings. A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a) of this section. 1133-2618B 9 ©s fy~ 312 fs NOTE Loan Ni FHA Case No FEBRUARY 26 2009 WINTER PARK FLORIDA {Date} {City} {State} 4110 ELM STREET, LADY LAKE FLORIDA 32159 {Property Address} 4 PARTIES “Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means SPECTRUM INTERNATIONAL MORTGAGE SERVICES INC., A FLORIDA CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of EIGHTY-EIGHT THOUSAND FIVE HUNDRED TWENTY-TWO AND 00/100 Dollars (U.S. $ 88,522.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX AND 0000/1000 percent ( 6.000 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower" s promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4 MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the LSt day of each month beginning on APRIL 1 2009 Any principal and interest remaining on the ist day of MARCH 2039 will be due on that date, which is called the “Maturity Date." (B) Place Payment shall be made at 2729 W FAIRBANKS AVENUE, WINTER PARK, FLORIDA 32789 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S.$ 530.73 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. FLORIDA - FHA FIXED RATE NOTE FLFHA.NTE 05/01/0: Page 1 of 3 DocMagic ERonrns 800-649-1962 www. docmagic.com (D) Allonge to this Note for Payment Adjustments Ifan allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box.) (9 Growing Equity Allonge (4 Graduated Payment Allonge ©) Other [specify]: 5 BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest ‘on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes, 6. BORROWER'S FAILURE TO PAY {A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR AND 000/1000 percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7 WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address, Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. FLORIDA - FHA FIXED RATE NOTE FLFHA.NTE 05/01 Page 2 of 3 DocMagic Earns 000-649-1362 www. docmagic.com 9 OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note, Lender may enforce its rights under this Note against cach person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages | through 3 of this Note. A phirgs L (| (Seal) (Seal) ALPHOMZO FERNANDEZ -Borrower Borrower Seal) (Seal) Borrower -Borrower (Seal) (Seal) Borrower -Borrower JPMorgan Chase Bank NA Pay to the order of without recourse this __day of 20_. Freedom Mortgage Corporation é Stan Moskowitz/cpa Treasurer/Chief Financial Officer [Sign Original Only) FLORIDA - FHA FIXED RATE NOTE DocMagic CFarmns 800-649-1362 LFHA.NTE 05/01/08 Page 3 of 3 www.docmagic.com ALLONGE Loan iT Allonge to that certain note dated: FEbruary 26, 2009 S In the amount of: $88,522.00 From: SPECTRUM INTERNATIONAL MORTGAGE SERVICES, INC. A FLORIDA CORPORATION To: Alphonzo Fernandez Property Address: 4110 Elm Street Lady Lake, Florida 32159 Pay to the order of, without recourse: FREEDOM MORTGAGE CORPORATION This 26dayof February, 2009 fe JZ. 7 Nan: RUCE WOODBURN TITLE: PRESIDENT COMPANY: SPECTRUM INTERNATIONAL MORTGAGE SERVICES, INC. A FLORIDA CORPORATION If di Allonge to Note coe Borrower: Alphonzo Fernandez Address: 4110 Elm Street Lady Lake, FL 32159 Loan Amount: $88,522.00 Allonge to one certain note dated February 26, 2009 and executed by Alphonzo Fernandez. Pay to the order of its successor and/or assigns without recourse in any event. Without recourse JP MORGAN CHASE BANK, N.A. Vey KL pate Type / mrintbeiame of Signor: PATSY L. YEATES Type / Printed Title of Signor: ASSISTANT SECRETARY o CE A AP Bk 03742 Pas 1907 - 1915) (fpasy BATE: O3/11/2009 OLE5L206 PH WEIL RELLY: CLERK OF COURT LAKE COUNTY RECORDING FEES 78.00 ¥ is Instrument Prepared By: ATG DOC 310.10 & Que ‘ v An INTANGIBLE 177.04 cace Tre SZaysy lossom tn- Feiot cheeturnCa To: BY78F Leesbur After Recording MORICAGE SERVICES, IN. 2723 W AVENE © 1 WINIER FLORIDA 32789 {Space Above This wind A 0r aRecording Data] MORTGAGE FHA CASE NO. a THIS MORTGAGE ("Security Instrument") is given on FEBRUARY 26 2009 The mortgagor is ALPHONZO FERNANDEZ A SINGLE MAN ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS") as Mortgagee. MERS. is the nominee for Lender, as hereinafter defined, and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501- (888) 679-MERS. 2026, te! SPECTRUM INTERNATIONAL MORTGAGE SERVICES, INC., A FLORIDA CORPORATION ("Lender ) is organized and existing under the laws of FLORIDA and has an address of 2729 W FAIRBANKS AVENUE, WINTER PARK, FLORIDA 32789 Borrower owes Lender the principal sum of EIGHTY-EIGHT THOUSAND FIVE HUNDRED TWENTY-TWO AND 00/100 Dollars (U.S.$ 88,522.00 ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MARCH 1 2039 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and con’ y 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 LAKE County, Florida: LOT 9 BLOCK 1, CARLTON VILLAGE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGES 56 AND 109 THROUGH 112, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORID. N. 11-18-24-010000100900 FHA FLORIDA MORTGAGE - MERS DocMagic @Farmny 900-649-1362 FLMTGZ.FHA 11/01/0; Page 1 of 9 www.docmagic.com which has the address of 4110 ELM STREET [Street] LADY LAKE » Florida 32159 ("Property Address"): [city] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or 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 and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items” and the sums paid to Lender are called "Escrow Funds.” Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. § 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. Ifthe amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance FHA FLORIDA MORTGAGE - MERS. DocMagic @Fommns 800-649-1362 FLMTGZ.FHA 11/01/08 Page 2 of 9 www.doemagic.com remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3 Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: FIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; THIRD, to interest due under the Note; FOURTH, to amortization of the principal of the Note; and FIFTH, to late charges due under the Note. 4 Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser, 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a FHA FLORIDA MORTGAGE - MERS DocMagic Forme 800-649-1362 FLMTGZ.FHA 11/01/0 Page3 of 9 www.doemagic.com leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the Icaschold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 1 Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9 Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and FHA FLORIDA MORTGAGE - MERS DocMagic @Rarnns 200-649-1362 FLMTGZ.FHA 11/01/08 Page 4 of 9 www.docmagic.com (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. © No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 DAYS from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 DAYS from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys’ fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 3. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed FHA FLORIDA MORTGAGE - MERS FLMTGZ.FHA 11/01/08 Page 5 of 9 DocMagic @Farme, 800-649-1362 ww.docmagic. com Bn to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quant ies of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowle