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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT OF THE STATE OF
FLORIDA, IN AND FOR ORANGE COUNTY
CIVIL DIVISION f^o
U.S. BANK NATIONAL ASSOCIATION, 5--^"' r^ ' r~
Plaintiff,
vs.
CASE NO. 2008 CA 791
FRANTZ R. GEORGES; THE UNKNOWN SPOUSE OF FRANTZ
R. GEORGES; ECELA JOAZEUS; THE UNKNOWN SPOUSE OF
ECELA JOAZEUS; IF LIVING, INCLUDING ANY UNKNOWN
SPOUSE OF SAID DEFENDANT(S), IF REMARRIED, AND IF
DECEASED, THE RESPECTIVE UNKNOWN HEIRS, DEVISEES,
GRANTEES, ASSIGNEES, CREDITORS, LIENORS, AND
TRUSTEES, AND ALL OTHER PERSONS CLAIMING BY,
THROUGH, UNDER OR AGAINST THE NAMED
DEFENDANT(S); UNKNOWN TENANT #1; UNKNOWN
TENANT #2;
Defendant(s)
AFFIDAVIT IN SUPPORT OF MOTION FOR FINAL SUMMARY JUDGMENT
STATE OF OHIO
COUNTY OF HAMILTON
dersigned authority, this date personaUy appeared
as tiie Representative for U.S. BANK NATIONAL
ASSOCIATION herein, who upon being by me firstduly swom, upon personal knowledge
deposes and says:
1. Affiant is responsible for accounting and bookkeeping matters for the Plaintiff and
has custody and contiol over the financial records and business records involving this loan,
including payment appUcations, escrow disbursements, coUections matters and foreclosure
matters. Such books and records are made and kept in the ordinary course of the Plaintiffs
business.
2. Affiant has personal knowledge df the facts herein set forth, or has based his
knowledge on business records of the Plaintiff.
3. The Plaintiff uses a computer system to keep tiack of aU of its loans. The computer
keeps tiack of aU incoming payments and outgoing disbursements. The computer system is
highly accurate and handles thousands of loans. The computer system is one which is standard
in the mortgage industry and is used by other institutional lenders.
4. Affiant has personal knowledge of the use and accirracy of the computer system.
5. The h e / s h e is tiie Representative for U.S. BANK NATIONAL ASSOCL\TION herein,
and as such makes this affidavit upon his/her personal knowledge and competent testimony
6. That he is farmUar with the ttansactions between the parties hereto and has personal
knowledge of the books and records of the plaintiff insofar as the matters are concerned.
7. That U.S. BANK NATIONAL ASSOCL\TION, is tiie owner and holder of tiiatcertain
mortgage and note given by FRANTZ R. GEORGES; ECELA JOAZEUS; dated January 31,2007
and recorded February 9,2007, in O. R. Book 9108, Page 2627 of fhe PubUc Records of Orange
County, Florida. Plaintiff holds the note and mortgage by virtue of an assignment. Attached
hereto are copies of the note, mortgage and assignment. A substantial copy of the note and
certified copies of the mortgage and assignment vdU be filed with the Court prior to or at the
judgment hearing. The original note was lost and is not in the custody or contiol of the
Plaintiff. However, the Plaintiff, its assignor, or its servicer was in possesion of the note and
was entitied to enforce the note when the loss occurred. A thorough search has been made for
the note, but Plaintiff cannot reasonably obtain possession of the note because its whereabouts
cannot be determined. The note has not been endorsed, sold, or given to any other entity or
person. AU parties who may have an interest in the note have been included in this proceeding.
Plaintiff holds harmless defendants and indemnifies defendants should Plaintiff, a subsequent
holder, or any unknown party seek to enforce the lost note and mortgage against defendants.
8. That the balance which became due on this mortgage and note on October 1,2007 has
not been paid to the present, and by reason thereof, the mortgage and note are in default.
9. That the principal balance due on the mortgage and note is $129,435.69 together with
interest at the rate of 8.49 percent per annum or $8,069.48 calculated through June 25, 2008. The
per diem is $30.11.
•
10. That by reason of the aforesaid default in the payment of the installment due under
the terms of the mortgage and note. Plaintiff has elected to accelerate the payment of the entire
principal sum, togetiier with accrued interest, aU of which is declared to be due and payable to
Plaintiff.
11. That the mortgage of the Plaintiff is a Uen superior in dignity to any right, titie,
claim, Uen, or interest of tiie Defendant to this cause, or any of them.
12. That Plaintiff has expended and wiU expend during the pendency of this suit certain
necessary costs to protect its security, aU of which are secured by the Uen of the aforesaid
mortgage.
13. That Plaintiff has employed Daniel C. Consuegra as its attomey to institute this
proceeding and has agreed to pay him a reasonable fee for his services, tiiis fee being an
additional indebtedness secured by the Uen of the mortgage.
14. That your Affiant makes the aforesaid statement in support of the Plaintiffs Motion
for Final Summary Judgment against FRANTZ R. GEORGES, et al.
15. That your undersigned has reviewed the complaint and states that aU of the
aUegations contained therein are true, accurate and correct.
16. That Defendant(s) are not now, nor were they at the commencement of this action, a
member of the armed forces of the United States of America or its alUes, pursuant to the
attached Department of Defense Manpower Data Center MUitary Status Report
FURTHER AFFIANT SAYETH NAUGHT.
SWORN TO A N D SUBl ,2008,
by J who is personaUy knowTi to me and'who did take
BARBARA A. UWWfl
S PubBc. State <^0W°.,0
Request for Military Status Page 1 of 1
Department ofDefense Manpower Data Center MAY-08-2008 11:12:32
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
^ Last Name First/Middle Begin Date Active Duty Status Service/Agency
GEORGES Frantz Based on the infonnation you have fumished, the DMDC does not possess any
information indicating that the individual is currently on active duty.
Upon searching the information data banks ofthe Department ofDefense Manpower Data Center, based on the
information that you provided, the above is the current status ofthe individual as to all branches ofthe
Military.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization ofthe Department ofDefense that maintains
the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of
data on eligibility for military medical care and other eligibility systems.
The Department ofDefense strongly supports the enforcement ofthe Servicemembers Civil Relief Act [50
uses Appx. §§ 501 et seqj (SCRA) (formerly tiie Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has
issued hundreds of thousands of "does not possess any information indicating that the individual is currently on
active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or
any family member, fiiend, or representative asserts in any manner that the individual is on active duty, or is
otherwise entitled to the protections ofthe SCRA, you are strongly encouraged to obtain fiirther verification of
the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL
provided below. Ifyou have evidence the person is on active-duty and you fail to obtain this additional
Military Service verification, provisions ofthe SCRA may be invoked against you.
Ifyou obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name),
you can submit your request again at this Web site and we will provide a new certificate for that query.
This response reflects current active duty status only. For historical information, please contact the Military
Service SCRA points-of-contact.
See: http://www.defenselink.mil/faq/pis/PC09SLDR.html
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the
requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID.RZBVBZKLBX
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/8/2008
Request for Military Status Page 1 of 1
Department of Defense Manpower Data Center MAY-08-2008 11:13:16
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
•< Last Name First/Middle Begin Date Active Duty Status Service/Agency
JOAZEUS Ecela Based on the information you have fumished, the DMDC does not possess any
information indicating that the individual is currently on active duty.
Upon searching the information data banks ofthe Department ofDefense Manpower Data Center, based on the
information that you provided, the above is the current status ofthe individual as to all branches ofthe
Military.
YkufA UtU^-Di^
Mary M. Snavely-Dixon, Director
Department ofDefense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization ofthe Department ofDefense that maintains
the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of
data on eligibility for military medical care and other eligibility systems.
The Department ofDefense stiongly supports the enforcement ofthe Servicemembers Civil Relief Act [50
uses Appx. §§ 501 et seq] (SCRA) (formeriy tiie Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has
issued hundreds of thousands of "does not possess any information indicating that the individual is currently on
active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or
any family member, friend, or representative asserts in any maimer that the individual is on active duty, or is
otherwise entitled to the protections ofthe SCRA, you are stiongly encouraged to obtain further verification of
the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL
provided below. Ifyou have evidence the person is on active-duty and you fail to obtain this additional
Military Service verification, provisions ofthe SCRA may be invoked against you.
Ifyou obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name),
you can submit your request again at this Web site and we will provide a new certificate for that query.
This response reflects current active duty status only. For historical information, please contact the Military
Service SCRA points-of-contact.
See: http://www.defenselink.mil/faq/pis/PC09SLDR.htinl
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the
requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:RUOIWMGGDC
https://vyvvw.dmdc.osd.mil/scra/owa/scra.prc_Select 5/8/2008
SUBSTANTIAL COPY OF NOTE INFORMATION
NOTESIGNOR(S):
FRANTZ R GEORGES
MORTGAGEE: MERS as nominee for FMF Capital LLC
LOAN DATE: 01/31/2007
LOAN AMOUNT: $130,000.00
PROPERTY ADDRESS: 7047 Hickory Branch Circle, Orlando, FL 32818
INTERKT RATE: 8.49
MONTHLY PAYMENT: $998.67
EXHIBIT « A
PRe/-ArtED BY / RETURN TO:
BROKERS TIUE OF ORIANDO, LTD.
1S01 WEST COLONIAL DRIVE INSTR 80070091898
PREPARED BY: ORLANDO. FL 32804 OR BK 09108 PG 8627 PBS=15
MflRTHfl0. HflVNIE, COMPTIWLUR
None: SHANON ORftMGt CUUNrv, fi.
02/09/2807 lls51:&6 AM
Address: FMF Capital LLC, 25B00 NortiiwBstem Hwy, MTG DOC TAX 435.00
Ste. SOO, Southfield, Ml 48075
INTANG TAX Bb&.m
REC KEE 129.08
R""™": FMF Capital LLC
c/o Nationwide Title Clearing, Inc.
2100Alt19Nortl)
Palm Hafbor.FL 34683
• ISiUttAlxin'nib Une For Rcondbig Data]-
MORTGAGE
MiN: 1003237-OOD0315646-3
Loan Number:0000315646
DEFINmONS
'Words used in multiple sections of this document are defined b d o w and other words are defined in Sections
3,11,13,18,20
and 21. Certain rules legarding the usage of words used in this docoment are also provided in Section 16.
(A) "Security Instnnnent" means this document, which is dated
J a n u a r y 3 1 , 2007 .together with all
Riders to this document
(B) "Borrower" isFRANTZ R GEORGES and E C B A J O A S U S . Husband A n d Wife
Bonower is the m o r t g a ^ r under fiiis Secuiit}' Instruroent
(C) " M E R S " is Mortgage Electronic Registration Systems. Inc. MERS is a separate corporation that is actbig solely as a
nominee for Lender and Lender's successors and assigns. M E R S is the mortgagee ooder this Security iDstrament
MERS
is organized and existing under the laws of Delawaie, and has an address and telephone number of P.O. Box 2026, Flmt, Ml
485DI-2026, tel. (888) 679-MERS.
(D) "Lender^is FMF CapitalLLC
Lender is a
Limited L l a b l D ^ C o m p a n y organized and existing under
tbe laws of
t h e S t a t e of D e b w a r e . Lender's a d d r ^ s is
2 6 8 0 0 N o r t i i w e s t e m Hwy> S t s . 5 0 0 , Soutiifield, Ml
48076
(E) "Note" means the promissory note signed by Borrower and dated
Januaiy 31,2007 . T h e Note
states that Boirower owes Lender
O n e H u n d r e d Thirty T h o u s a n d a n d noMOO
Dollars (U.S.$
130,000.00 ) plus Interest Borrower has promised
to pay this debt in r ^ l a r Periodic Payments and to pay the debt m fiill not later than
February 01,2037
(F) "Property" means (he property that Is described below under the heading "TYansfer of Rights in the Property."
FLORIDA—Single FsniIV—Fanide Mae/FVnldic Mic UNIFORM ITSTRUMENT Fbim 30101/91
HEU 0751.1 (oot 1HIQ<9 ( f l ' I <>fl2p'tgfj ToOidstcaK raoMSiwrs
2C-f RetarnTo:/?^
Ticor Title I n s u r a n c e -' ^
4«J0 "Riders" means all Riders to this Secuiiy Instrument that are «tecuted t ^ Borrower. The following Riders are to be
executed by Borrower [check box as applicable]:
I I Adjustable Rate Rider
O Condominhim Rider Q ] Soond Home Rider
I I Balloon Rider [ x ] Planned Unit Development Rider
Q Other(s) [specify]
I 11-4 Family Rider Q Biweekly Paymem Rider \
0) "ApplicableLaw" means all controllmg sqiplicable fedeial. state and local statutes, regulations, ordinances
and \
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
!
(J) "ConunuDity AssociatiDB 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 oinanization. i
(K) "Electronic Funds Transfer"
means any tiansfer
of fimds, other than a traosiction originated by check, draft, or I
similar paper instrument, which is initiated thiough an electronic terminal, telqihonic Instniment. computer, or magnetic tape
4
soastooider. instruct, or authorize a financial institution to debit or credit an account Sudi term includes, but is Dot limited
i
to, point-of-sale
transfers,
automatedteller
mschhtetransactions, transfers
initiated
\y telephone, wire transfers,
and j
automated clearinghouse transfers. ]
(L) "Escrow Items" means those items that are described in Section 3. j
(M) "MiscdlaneousProceeds" means any compensation, settlement, award of damages, or pttxeeds 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
I
Property; (ii) condemnation or other taking of all or any part ofthe Proper^; (iii) conveyance in lieu of condemnation; or
I
frv) misrepresentatioiB of, or omisaons as to, the value and/or condition ofthe Properly. |
-t
I
(N) "Mortgage Insorance" means insurance protecting Lender against the nonpayment o ( or default on, the Loan. |
i
(O) "Periodic
Payment" means the regularly sdieduled amount due for (i) principal and interest under the Note, plus 1
(ii) any amounts under Section 3 ofthis Security Instrument 4
I
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing reguladon, i
Regulation X (24 C S R . Part 3500X 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
j
and restrictions that ere imposed in regaid to a "federally related mortgage loan" even if tha Loan does not qualify
as a 3
"federally rdated mortgage loan" under RESPA. 1
I
i
(Q) "Successor In Interest of Borrower" means any parfy that has taken title to the Properfy. whether or not diat party has
!
assumed Borrower's obligations under the Note and/or this Security Instrument I
FLORIDA—Single Ftanily—FuuicMu/FtrddieMscimiFORMOBTRDMENT FonnJIUai/Ot I
____ OfMlDutil^ ^
frEM«87Su(i)oiiH""S (Pagt2c!fl2paga) lotMutMi-uaueii-m %
I
I
Book9108/Page2628 CFN#20070091898 Page 2 of 15
Loan Numben000031564fi
TRANSFER O F RIGHTS IN THE PROPERTY
This Securify Instrument secures to Lenden (i) the repayment ofthe Loan, and all renewals, extensions and modificatios of
the Note; and 0 0 the performance of Boirower's covenants and agreements under this Securify Instrument and the Note. For
this purpose. Borrower does hereby mortgage, grant and convey to MERS (soldy
as nominee for Lender
and Lender's
successors
and assigns)
and to the successors
and assigns of MERS, the following
described
properfylocated
m the
Counfy of ORANGE
(Ty|»ofR«oniineJtirisdicropeify. if any,
and Communify Association Dues, Fees, and Assessments, if any. To the extent that these hems are Escrow Items, Borrower
shall pay them in the manner provided in Sedion 3.
Boirower shall promptly discharge any lien whidi has priorify over this Securify Instniment unless Borrower (a) agrees
in writing to the payment of die obtigation secured by the lien in a manner acceptable to Lender, but onfy
so long as
Borrower is performmg such agreement; (b) contests Ihe Hen in good faith by, or defends against enforcement of die lien in.
legal proceedings which in L«ider's opinion o p e r ^ te jsevent the enforcement of tbe lien while those proceedmgs are
poifing, but onfy until sudi proceedings are conduded; or (c) secures from die iiolder of the Ben an agreemem satisfactory to
Lender subndii^ting the lien te this Securify Instrument If Lender determines that any part of the Propeify is »ibjed to a
lien which can attain priorify over this Securify Instiumem, Lender may give Borrower a notice identifying the lien. WiUim
10 d ^ofthe date on which that notice is given, Boirower shall satisfy the lien or take one or more ofthe actions set forth
above in diis Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting servioe used by
Lender in connection with this Loan.
5. Property I n s a n n c e . Boirower shall keep tbe improvements now exisfing or hereafter erected on die Properfy
msured against loss by fire, hazards Induded whhin die tetm "extended coverage," and any o&ter hazards including, but not
limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts
(induifing
d«hictible levels) and for Uie perioy Borrower. Unless Lender and Borrower oSierwise egree in writing, a i ^ uisuisnce proceeds,
whether or not die underfying insurance was required by Lender, shall be applied to restoration or repan of die Properfy, if
die restoration or repair is economically feasible and Lender's securify is not lessened. During such repair snd restoration
periodl Lender shall have the right to bold such msuiance proceeds until Lender has had an oj^ortunify to tnsped such
Property to ensure the work has been complded to Lender's satisfaction, provided that such inspection shall be undertaken
prompdy. Lender may dsburse proceeds for the repeiis and restoration
bi a single payment or hi s serin of progress
pq^nents as the woik is oomplded. Unless an agreement is made m writing or Applicable Law requira Interesttobe paid on
aidl insurance proceeds. Lender shall not be required lo pay Borrower any interest or earnings on such poceeds. Fees for
public a^ustos, or Mher third parties, retained by Borrower shall not be paid out ofthe insurance proceeds and shall be the
sole obligation of Borrowa-. If the restoration or repair Is not economically feasible or Lender's securify would be lessened,
the insurance proceeds diall be applied to die sums secured by this Securify Instiumem, whedier or not then due; w t h the
excess, if any, paidtoBorrower. Such bisuranoe proceeib shall be applied in the order provided for m Section 2.
If Borrower abandons the Properfy, Lender may file, n^otiate
and settie any available insurance claim and rdated
matters. If Borrower does not respond within 30 t3aystoa notice fiom Lends that tbe bisuiance carrier has offered to setde a
daim. dien Lender may negotiate and setde the daim. The 30-day period will b ^ n when die nt^ce is given. In rather event
or if Lender acquires the Propeify umter Section 22 or odierwise, Bonower hereby assignsteLender (a) Borrower's rights to
any uisurance proceeds in an amount not to exceed tbe amounts unpaid under die Note or this Securify Instrument, and
(b) any oUier of Boirower's rights (odier dian the right to any refimd of unearned premiums paid liy Borrower) under all
msurance polides covering the Propeify, inso&r as such rights are appUcabletothe coverage of Uie Prqierfy. Lender may use
the msurance proceeds either to repair or restore the Properfy or to pay amounts unpaid under the Note or this
Securify
Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, otablish, and use the Properfy as Borrower's principal resiifence within 60
days after die execution of diis Securify
Instrument and shall continue to occupy die Properfy
as Borrower's
prindpal
residence for at least one year after die (fate of occupanq', unless Loider odierwise agrees hi writing, whidi consent shall not
be unreasonaUy. witldidd, or unless extenuatmg drcumstances exist which are beyond Borrower's control.
7. PreservatiiHi, Maintenance and Prntectian of fbe Property; Inspections. Borrower shall not destroy, damage
cur impair tbe Properfy, allow die Properfy to deteriorate or commit waste on Ihe Properfy.
Whcdier or not Boirower is
raiding in die Properfy,
Boirowershall
maintainthe Piopatym order to prevent die Propeify
fiom deteriorating or
decrea^g in value due to its condition. Unless it is determined pursuant to Secdon S diat repan or restoration is not
economically feasible, Boirower shall prompdy repfur the Property if damaged to avoid Anther deterioration or damage. If
insurance or condemnation proceeds are paid in connection widi damageto,or die takfaig of, die E^perfy, Borrower shall be
responsible for i ^ i r i n g
or restoring the Properfy
only if Lender has released proceeds for such purposes. Lender may
disburse proceeds for the repairs and restoration m a angle payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not suflident to repair or restore die Properfy, Borrower is not
rdieved of Botrowei*s obligation for die completion of such repair or restoration.
Lender or its agent m ^ make reasraiable entries upon and bisections ofthe Propeify. If it has reasonable cause, Lender
may insped tbe interior of the improvements on the Propeify. Lender ^ a l l ^ v e Borrower notice at the time of or prior to
sudi an interior inspedion spedfyhig such reasonable cause.
8. Borrower's Loan Application. Borrower shall be bi de&ult if, during the Loan application process. Bonower or
any peisons or entities acting at the direction of Borrower or whh Boirower's knowledge or consem gave materially false,
nusfeading, or inaccurate information or statements to Lender (or failed to laovide Lender witfi material information) in
connection with the LoaiL Material representattons indude, but are not limited to, representations ctmcerabg Borrower's
occupancy of dte Propeify as Borrower's prindpal residence.
9. PrDtection of L e n d o ' s Interest in the Properfyand Rig|bts Under (his Securify Instmment. If (a) Borrower
M s to perform the covenants and agreements comamed in dds Securify Instrument (b) theretea legal procee«8»r7S
Book9108/Page2632 CFN#20070091898 Page 6 of 15
• •
Loan Number0000315646
including protectmg and/or assessing the value of die Property, and securing and/or repairing the Properfy. Lender's actions
can indude, but are not limited to: (a) paymg any sums secured by a lien which has priorify over Siis Securify Instrument;
(b) appearing m court; and (c) paying reasonable attomeys' fees to proted its interest in the Property end/or rights under this
Securify Instiumem, mduding its secured positbn in a bankruptoy proceeding. Securing the Properfy includes, bul is not
Ibnited to, entering tbe Properfy to make repairs, change lods, replace or board up doors and windaws, drain water from
pipes, eliminate building or otlwr code violations or dangerous conditions, and have utilities turned on or off. Aldiougb
tinder may take action under diis Section 9, Lender does not have to do so and is not under any dufy or obligation to do so.
It is agreed dial Lender mcurs no liabilify for not takuig any or aO adions authorized unifer this Secdon 9.
Any amounts disbursed i^
Lender under this Section 9 shall become additional ddit of Borrower secured by this
Securify Instrument. These amounte shall bear biterest et die Note rate fiom tbe date of cBsbursonent and shall be payable,
with such interest upon nodce from l.enda to Borrower requesting payment
If diis Securify Instnunent is on a leasehold, Borrower shall oompfy with all the provisions ofthe lease. If Borrower
acquires fee tide to the Properfy, die leasehold and die fee tide shall not moge unless Lender agrees to die merger in writing.
10. Mortgage Insoraace. If Lender requiied Mortgage Insurance as a ctmdition of making die Loan, Bonower shall
pay Ihe premiums required to mahrtaln Ihe Mortgage Insurance m effed. If, for any reason, the Mortgage Insurance coverage
requiied by Lender ceases to be available fiom die mortgage insurer that prevbusfy provided such insurance and Boirower
was required to make separatefy designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the
premiums required to obtmn coverage suboantially equivalent to die Mortgage Insurance previously in effed,
at a cost
substamially equivalent to tbe cost to Borrower of die Mortgage Insurance pwiously hi effect, from an alternate mortgage
insurer seleded by Lender. If substandalfy equivalent Mortgagetasurancecoverage is not available, Borrowo- shall continue
to pay to Lender die amount of die separatdy designated payments that were due vtiioi die insurance coverage ceased to be m
effect Lender will accept use and retam these payments as a non-reiimdable toss reserve bi lieu of Mortgage Insurance. Such
loss reserve shall be non-refimdable, noiwhhstan(fing tbe fact Uiat die Loan is ultimately paid hi fiill. and Lender shall not be
requiied to pay Boirower any interest or earnings on sudi loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (fai the ainount and for tbe period that Loider requires) provided l>y an insurer seleded by
Lender agun becomes available, is obtained, and Lender requires separatefy dengnated payments toward dte premiums for
Mortgage Insurance, If Lender required Mortgage Insurance as a condition of makbig the Loan snd Boirower was required to
make separately deignated
payments toward the premiums for Mortgage Insurance, Boirower siiall pay the premiums
required to maintain Mntgage Insurance m effect, or to provide a non-refbndable hss reserve, until Lender's requirement for
Mortgage Insurance ends in accoidance with any written agreement bdween Borrower and Lender providing for such
terminatton or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrowo-'s obligation to
p^ interest al the rate provided ui the Note.
Mortgage Insurance reimburses Lender (or any entify
Ihat porehases tiie Note) for certain
losses h may incur if
Borrower does not tepsy die Loan as agreed. Borrower is not a parfy to die Mortgage Insurance.
Mortgage nsurers evaluate then totel risk on all such insurance in foice from
tfane to time, and may enter into
^cements with other parties that share or modify Asit risk, or reduce losses. These agreements are on terms and conditions
dial are satis&ctmy to die mortgage insurer and die other party (or parties) to diese agreements. These ^eemenis
m^
require foe mortgage insurer to make payments ushig any source of funds that the mortgage msurer may have available
(which may indude fiinds obtained from Mortgage Insurance premiums).
As a result of Uiese agreements. Lender, any purdaser of die Note^ anodio-faisurer,any reinsurer, any other entify, or
any afniiate of any of d » foregdng, may receive (directiy or iodirectiy) amounts that derive fiom (or might be characterized
as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage Insurer's
risk, or reducing lisses. If such agreement provides that an aSlliate of Lender takes a share ofthe insurer's ri^ in exchange
for a share of Uie premiums paid to the Insurer, the arrangement is often termed "captivereinsurance."Further:
(a) Any such agreements wiU not affect the amounts tfaat Borrower has agreed to pay for Mortgage Insurance,
or any other terras of the Loan. Such agreements will not faicrease tbe amonnt Borrower win owe for Mortgage
Insnrancc^ and t b ^ wBl nol entitle Borrower lo any refund.
(b) Any such agreementswdl not affect
tbe ri^lsBorrower has—if any—with respecttothe Mortgage
Insonioce onder OK Homeowneis Protection Act of 1998 or any other law. These rights may inclode (fae right to
receive certain disdosures, to request and olitaln canceUathni of ttie Mortgage Insurance, to have Ihe Mortgage
Insurance terminated antomalicalfy, and/or to receive a rehiod of any Mortgage Insurance premiums that were
aneamed at the dme of sncb caneeSatiini or termination.
FLORIDAr-SinglsnxnQy—FamitMat/Ficddle Mac UNIFORM INSTRimENT Faro 3010 I/SI
iTEUM7ii7(ainn-«ais (I'nge7ropBify is damaged, such Miscellaneous Proceeds diall be eppfied to restoration or repair of die Properfy, if die
restoration or repab' is economically fi»sible and licnder's securify B not lessened. During sudi repair andrestorationperiod.
Lender shall have tbe rigid to hold sudi Miscellaneous Proceeds until Lender lias had an Ofpontttity to mspect such Properfy
to ensure die work has beoi completed to Lender's satisfasticm, provided diat sudi mspedion duill be undertaken promptly.
Lender may pay for the repaiis and restoration m a sbigle disbursement or in a series of progress p^rments as the woric is
complded. Unless an agreement is made to writing or Applicable Law reqwres tolerest to be paid on such Miscellaneous
Proceeife. Lender shall not be required to pay Bonower any interest or eanungs on such Miscellaneous Proceeds. If die
restoration or repair is not economicaify feasible or Lender's security would be lessened, die Miscdianeous Proceeds shall tie
qiplied to the sums secured by diis Securify Instrument, whedier (a-
Preview
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR ORANGE COUNTY CIVIL DIVISION f^o U.S. BANK NATIONAL ASSOCIATION, 5--^"' r^ ' r~ Plaintiff, vs. CASE NO. 2008 CA 791 FRANTZ R. GEORGES; THE UNKNOWN SPOUSE OF FRANTZ R. GEORGES; ECELA JOAZEUS; THE UNKNOWN SPOUSE OF ECELA JOAZEUS; IF LIVING, INCLUDING ANY UNKNOWN SPOUSE OF SAID DEFENDANT(S), IF REMARRIED, AND IF DECEASED, THE RESPECTIVE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, CREDITORS, LIENORS, AND TRUSTEES, AND ALL OTHER PERSONS CLAIMING BY, THROUGH, UNDER OR AGAINST THE NAMED DEFENDANT(S); UNKNOWN TENANT #1; UNKNOWN TENANT #2; Defendant(s) AFFIDAVIT IN SUPPORT OF MOTION FOR FINAL SUMMARY JUDGMENT STATE OF OHIO COUNTY OF HAMILTON dersigned authority, this date personaUy appeared as tiie Representative for U.S. BANK NATIONAL ASSOCIATION herein, who upon being by me firstduly swom, upon personal knowledge deposes and says: 1. Affiant is responsible for accounting and bookkeeping matters for the Plaintiff and has custody and contiol over the financial records and business records involving this loan, including payment appUcations, escrow disbursements, coUections matters and foreclosure matters. Such books and records are made and kept in the ordinary course of the Plaintiffs business. 2. Affiant has personal knowledge df the facts herein set forth, or has based his knowledge on business records of the Plaintiff. 3. The Plaintiff uses a computer system to keep tiack of aU of its loans. The computer keeps tiack of aU incoming payments and outgoing disbursements. The computer system is highly accurate and handles thousands of loans. The computer system is one which is standard in the mortgage industry and is used by other institutional lenders. 4. Affiant has personal knowledge of the use and accirracy of the computer system. 5. The h e / s h e is tiie Representative for U.S. BANK NATIONAL ASSOCL\TION herein, and as such makes this affidavit upon his/her personal knowledge and competent testimony 6. That he is farmUar with the ttansactions between the parties hereto and has personal knowledge of the books and records of the plaintiff insofar as the matters are concerned. 7. That U.S. BANK NATIONAL ASSOCL\TION, is tiie owner and holder of tiiatcertain mortgage and note given by FRANTZ R. GEORGES; ECELA JOAZEUS; dated January 31,2007 and recorded February 9,2007, in O. R. Book 9108, Page 2627 of fhe PubUc Records of Orange County, Florida. Plaintiff holds the note and mortgage by virtue of an assignment. Attached hereto are copies of the note, mortgage and assignment. A substantial copy of the note and certified copies of the mortgage and assignment vdU be filed with the Court prior to or at the judgment hearing. The original note was lost and is not in the custody or contiol of the Plaintiff. However, the Plaintiff, its assignor, or its servicer was in possesion of the note and was entitied to enforce the note when the loss occurred. A thorough search has been made for the note, but Plaintiff cannot reasonably obtain possession of the note because its whereabouts cannot be determined. The note has not been endorsed, sold, or given to any other entity or person. AU parties who may have an interest in the note have been included in this proceeding. Plaintiff holds harmless defendants and indemnifies defendants should Plaintiff, a subsequent holder, or any unknown party seek to enforce the lost note and mortgage against defendants. 8. That the balance which became due on this mortgage and note on October 1,2007 has not been paid to the present, and by reason thereof, the mortgage and note are in default. 9. That the principal balance due on the mortgage and note is $129,435.69 together with interest at the rate of 8.49 percent per annum or $8,069.48 calculated through June 25, 2008. The per diem is $30.11. • 10. That by reason of the aforesaid default in the payment of the installment due under the terms of the mortgage and note. Plaintiff has elected to accelerate the payment of the entire principal sum, togetiier with accrued interest, aU of which is declared to be due and payable to Plaintiff. 11. That the mortgage of the Plaintiff is a Uen superior in dignity to any right, titie, claim, Uen, or interest of tiie Defendant to this cause, or any of them. 12. That Plaintiff has expended and wiU expend during the pendency of this suit certain necessary costs to protect its security, aU of which are secured by the Uen of the aforesaid mortgage. 13. That Plaintiff has employed Daniel C. Consuegra as its attomey to institute this proceeding and has agreed to pay him a reasonable fee for his services, tiiis fee being an additional indebtedness secured by the Uen of the mortgage. 14. That your Affiant makes the aforesaid statement in support of the Plaintiffs Motion for Final Summary Judgment against FRANTZ R. GEORGES, et al. 15. That your undersigned has reviewed the complaint and states that aU of the aUegations contained therein are true, accurate and correct. 16. That Defendant(s) are not now, nor were they at the commencement of this action, a member of the armed forces of the United States of America or its alUes, pursuant to the attached Department of Defense Manpower Data Center MUitary Status Report FURTHER AFFIANT SAYETH NAUGHT. SWORN TO A N D SUBl ,2008, by J who is personaUy knowTi to me and'who did take BARBARA A. UWWfl S PubBc. State <^0W°.,0 Request for Military Status Page 1 of 1 Department ofDefense Manpower Data Center MAY-08-2008 11:12:32 Military Status Report Pursuant to the Servicemembers Civil Relief Act ^ Last Name First/Middle Begin Date Active Duty Status Service/Agency GEORGES Frantz Based on the infonnation you have fumished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks ofthe Department ofDefense Manpower Data Center, based on the information that you provided, the above is the current status ofthe individual as to all branches ofthe Military. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization ofthe Department ofDefense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department ofDefense strongly supports the enforcement ofthe Servicemembers Civil Relief Act [50 uses Appx. §§ 501 et seqj (SCRA) (formerly tiie Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, fiiend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections ofthe SCRA, you are strongly encouraged to obtain fiirther verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. Ifyou have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions ofthe SCRA may be invoked against you. Ifyou obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID.RZBVBZKLBX https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/8/2008 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center MAY-08-2008 11:13:16 Military Status Report Pursuant to the Servicemembers Civil Relief Act •< Last Name First/Middle Begin Date Active Duty Status Service/Agency JOAZEUS Ecela Based on the information you have fumished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks ofthe Department ofDefense Manpower Data Center, based on the information that you provided, the above is the current status ofthe individual as to all branches ofthe Military. YkufA UtU^-Di^ Mary M. Snavely-Dixon, Director Department ofDefense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization ofthe Department ofDefense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department ofDefense stiongly supports the enforcement ofthe Servicemembers Civil Relief Act [50 uses Appx. §§ 501 et seq] (SCRA) (formeriy tiie Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any maimer that the individual is on active duty, or is otherwise entitled to the protections ofthe SCRA, you are stiongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. Ifyou have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions ofthe SCRA may be invoked against you. Ifyou obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.htinl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:RUOIWMGGDC https://vyvvw.dmdc.osd.mil/scra/owa/scra.prc_Select 5/8/2008 SUBSTANTIAL COPY OF NOTE INFORMATION NOTESIGNOR(S): FRANTZ R GEORGES MORTGAGEE: MERS as nominee for FMF Capital LLC LOAN DATE: 01/31/2007 LOAN AMOUNT: $130,000.00 PROPERTY ADDRESS: 7047 Hickory Branch Circle, Orlando, FL 32818 INTERKT RATE: 8.49 MONTHLY PAYMENT: $998.67 EXHIBIT « A PRe/-ArtED BY / RETURN TO: BROKERS TIUE OF ORIANDO, LTD. 1S01 WEST COLONIAL DRIVE INSTR 80070091898 PREPARED BY: ORLANDO. FL 32804 OR BK 09108 PG 8627 PBS=15 MflRTHfl0. HflVNIE, COMPTIWLUR None: SHANON ORftMGt CUUNrv, fi. 02/09/2807 lls51:&6 AM Address: FMF Capital LLC, 25B00 NortiiwBstem Hwy, MTG DOC TAX 435.00 Ste. SOO, Southfield, Ml 48075 INTANG TAX Bb&.m REC KEE 129.08 R""™": FMF Capital LLC c/o Nationwide Title Clearing, Inc. 2100Alt19Nortl) Palm Hafbor.FL 34683 • ISiUttAlxin'nib Une For Rcondbig Data]- MORTGAGE MiN: 1003237-OOD0315646-3 Loan Number:0000315646 DEFINmONS 'Words used in multiple sections of this document are defined b d o w and other words are defined in Sections 3,11,13,18,20 and 21. Certain rules legarding the usage of words used in this docoment are also provided in Section 16. (A) "Security Instnnnent" means this document, which is dated J a n u a r y 3 1 , 2007 .together with all Riders to this document (B) "Borrower" isFRANTZ R GEORGES and E C B A J O A S U S . Husband A n d Wife Bonower is the m o r t g a ^ r under fiiis Secuiit}' Instruroent (C) " M E R S " is Mortgage Electronic Registration Systems. Inc. MERS is a separate corporation that is actbig solely as a nominee for Lender and Lender's successors and assigns. M E R S is the mortgagee ooder this Security iDstrament MERS is organized and existing under the laws of Delawaie, and has an address and telephone number of P.O. Box 2026, Flmt, Ml 485DI-2026, tel. (888) 679-MERS. (D) "Lender^is FMF CapitalLLC Lender is a Limited L l a b l D ^ C o m p a n y organized and existing under tbe laws of t h e S t a t e of D e b w a r e . Lender's a d d r ^ s is 2 6 8 0 0 N o r t i i w e s t e m Hwy> S t s . 5 0 0 , Soutiifield, Ml 48076 (E) "Note" means the promissory note signed by Borrower and dated Januaiy 31,2007 . T h e Note states that Boirower owes Lender O n e H u n d r e d Thirty T h o u s a n d a n d noMOO Dollars (U.S.$ 130,000.00 ) plus Interest Borrower has promised to pay this debt in r ^ l a r Periodic Payments and to pay the debt m fiill not later than February 01,2037 (F) "Property" means (he property that Is described below under the heading "TYansfer of Rights in the Property." FLORIDA—Single FsniIV—Fanide Mae/FVnldic Mic UNIFORM ITSTRUMENT Fbim 30101/91 HEU 0751.1 (oot 1HIQ<9 ( f l ' I <>fl2p'tgfj ToOidstcaK raoMSiwrs 2C-f RetarnTo:/?^ Ticor Title I n s u r a n c e -' ^ 4«J0 "Riders" means all Riders to this Secuiiy Instrument that are «tecuted t ^ Borrower. The following Riders are to be executed by Borrower [check box as applicable]: I I Adjustable Rate Rider O Condominhim Rider Q ] Soond Home Rider I I Balloon Rider [ x ] Planned Unit Development Rider Q Other(s) [specify] I 11-4 Family Rider Q Biweekly Paymem Rider \ 0) "ApplicableLaw" means all controllmg sqiplicable fedeial. state and local statutes, regulations, ordinances and \ administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. ! (J) "ConunuDity AssociatiDB 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 oinanization. i (K) "Electronic Funds Transfer" means any tiansfer of fimds, other than a traosiction originated by check, draft, or I similar paper instrument, which is initiated thiough an electronic terminal, telqihonic Instniment. computer, or magnetic tape 4 soastooider. instruct, or authorize a financial institution to debit or credit an account Sudi term includes, but is Dot limited i to, point-of-sale transfers, automatedteller mschhtetransactions, transfers initiated \y telephone, wire transfers, and j automated clearinghouse transfers. ] (L) "Escrow Items" means those items that are described in Section 3. j (M) "MiscdlaneousProceeds" means any compensation, settlement, award of damages, or pttxeeds 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 I Property; (ii) condemnation or other taking of all or any part ofthe Proper^; (iii) conveyance in lieu of condemnation; or I frv) misrepresentatioiB of, or omisaons as to, the value and/or condition ofthe Properly. | -t I (N) "Mortgage Insorance" means insurance protecting Lender against the nonpayment o ( or default on, the Loan. | i (O) "Periodic Payment" means the regularly sdieduled amount due for (i) principal and interest under the Note, plus 1 (ii) any amounts under Section 3 ofthis Security Instrument 4 I (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing reguladon, i Regulation X (24 C S R . Part 3500X 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 j and restrictions that ere imposed in regaid to a "federally related mortgage loan" even if tha Loan does not qualify as a 3 "federally rdated mortgage loan" under RESPA. 1 I i (Q) "Successor In Interest of Borrower" means any parfy that has taken title to the Properfy. whether or not diat party has ! assumed Borrower's obligations under the Note and/or this Security Instrument I FLORIDA—Single Ftanily—FuuicMu/FtrddieMscimiFORMOBTRDMENT FonnJIUai/Ot I ____ OfMlDutil^ ^ frEM«87Su(i)oiiH""S (Pagt2c!fl2paga) lotMutMi-uaueii-m % I I Book9108/Page2628 CFN#20070091898 Page 2 of 15 Loan Numben000031564fi TRANSFER O F RIGHTS IN THE PROPERTY This Securify Instrument secures to Lenden (i) the repayment ofthe Loan, and all renewals, extensions and modificatios of the Note; and 0 0 the performance of Boirower's covenants and agreements under this Securify Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to MERS (soldy as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described properfylocated m the Counfy of ORANGE (Ty|»ofR«oniineJtirisdicropeify. if any, and Communify Association Dues, Fees, and Assessments, if any. To the extent that these hems are Escrow Items, Borrower shall pay them in the manner provided in Sedion 3. Boirower shall promptly discharge any lien whidi has priorify over this Securify Instniment unless Borrower (a) agrees in writing to the payment of die obtigation secured by the lien in a manner acceptable to Lender, but onfy so long as Borrower is performmg such agreement; (b) contests Ihe Hen in good faith by, or defends against enforcement of die lien in. legal proceedings which in L«ider's opinion o p e r ^ te jsevent the enforcement of tbe lien while those proceedmgs are poifing, but onfy until sudi proceedings are conduded; or (c) secures from die iiolder of the Ben an agreemem satisfactory to Lender subndii^ting the lien te this Securify Instrument If Lender determines that any part of the Propeify is »ibjed to a lien which can attain priorify over this Securify Instiumem, Lender may give Borrower a notice identifying the lien. WiUim 10 d ^ofthe date on which that notice is given, Boirower shall satisfy the lien or take one or more ofthe actions set forth above in diis Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting servioe used by Lender in connection with this Loan. 5. Property I n s a n n c e . Boirower shall keep tbe improvements now exisfing or hereafter erected on die Properfy msured against loss by fire, hazards Induded whhin die tetm "extended coverage," and any o&ter hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (induifing d«hictible levels) and for Uie perioy Borrower. Unless Lender and Borrower oSierwise egree in writing, a i ^ uisuisnce proceeds, whether or not die underfying insurance was required by Lender, shall be applied to restoration or repan of die Properfy, if die restoration or repair is economically feasible and Lender's securify is not lessened. During such repair snd restoration periodl Lender shall have the right to bold such msuiance proceeds until Lender has had an oj^ortunify to tnsped such Property to ensure the work has been complded to Lender's satisfaction, provided that such inspection shall be undertaken prompdy. Lender may dsburse proceeds for the repeiis and restoration bi a single payment or hi s serin of progress pq^nents as the woik is oomplded. Unless an agreement is made m writing or Applicable Law requira Interesttobe paid on aidl insurance proceeds. Lender shall not be required lo pay Borrower any interest or earnings on such poceeds. Fees for public a^ustos, or Mher third parties, retained by Borrower shall not be paid out ofthe insurance proceeds and shall be the sole obligation of Borrowa-. If the restoration or repair Is not economically feasible or Lender's securify would be lessened, the insurance proceeds diall be applied to die sums secured by this Securify Instiumem, whedier or not then due; w t h the excess, if any, paidtoBorrower. Such bisuranoe proceeib shall be applied in the order provided for m Section 2. If Borrower abandons the Properfy, Lender may file, n^otiate and settie any available insurance claim and rdated matters. If Borrower does not respond within 30 t3aystoa notice fiom Lends that tbe bisuiance carrier has offered to setde a daim. dien Lender may negotiate and setde the daim. The 30-day period will b ^ n when die nt^ce is given. In rather event or if Lender acquires the Propeify umter Section 22 or odierwise, Bonower hereby assignsteLender (a) Borrower's rights to any uisurance proceeds in an amount not to exceed tbe amounts unpaid under die Note or this Securify Instrument, and (b) any oUier of Boirower's rights (odier dian the right to any refimd of unearned premiums paid liy Borrower) under all msurance polides covering the Propeify, inso&r as such rights are appUcabletothe coverage of Uie Prqierfy. Lender may use the msurance proceeds either to repair or restore the Properfy or to pay amounts unpaid under the Note or this Securify Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, otablish, and use the Properfy as Borrower's principal resiifence within 60 days after die execution of diis Securify Instrument and shall continue to occupy die Properfy as Borrower's prindpal residence for at least one year after die (fate of occupanq', unless Loider odierwise agrees hi writing, whidi consent shall not be unreasonaUy. witldidd, or unless extenuatmg drcumstances exist which are beyond Borrower's control. 7. PreservatiiHi, Maintenance and Prntectian of fbe Property; Inspections. Borrower shall not destroy, damage cur impair tbe Properfy, allow die Properfy to deteriorate or commit waste on Ihe Properfy. Whcdier or not Boirower is raiding in die Properfy, Boirowershall maintainthe Piopatym order to prevent die Propeify fiom deteriorating or decrea^g in value due to its condition. Unless it is determined pursuant to Secdon S diat repan or restoration is not economically feasible, Boirower shall prompdy repfur the Property if damaged to avoid Anther deterioration or damage. If insurance or condemnation proceeds are paid in connection widi damageto,or die takfaig of, die E^perfy, Borrower shall be responsible for i ^ i r i n g or restoring the Properfy only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration m a angle payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not suflident to repair or restore die Properfy, Borrower is not rdieved of Botrowei*s obligation for die completion of such repair or restoration. Lender or its agent m ^ make reasraiable entries upon and bisections ofthe Propeify. If it has reasonable cause, Lender may insped tbe interior of the improvements on the Propeify. Lender ^ a l l ^ v e Borrower notice at the time of or prior to sudi an interior inspedion spedfyhig such reasonable cause. 8. Borrower's Loan Application. Borrower shall be bi de&ult if, during the Loan application process. Bonower or any peisons or entities acting at the direction of Borrower or whh Boirower's knowledge or consem gave materially false, nusfeading, or inaccurate information or statements to Lender (or failed to laovide Lender witfi material information) in connection with the LoaiL Material representattons indude, but are not limited to, representations ctmcerabg Borrower's occupancy of dte Propeify as Borrower's prindpal residence. 9. PrDtection of L e n d o ' s Interest in the Properfyand Rig|bts Under (his Securify Instmment. If (a) Borrower M s to perform the covenants and agreements comamed in dds Securify Instrument (b) theretea legal procee«8»r7S Book9108/Page2632 CFN#20070091898 Page 6 of 15 • • Loan Number0000315646 including protectmg and/or assessing the value of die Property, and securing and/or repairing the Properfy. Lender's actions can indude, but are not limited to: (a) paymg any sums secured by a lien which has priorify over Siis Securify Instrument; (b) appearing m court; and (c) paying reasonable attomeys' fees to proted its interest in the Property end/or rights under this Securify Instiumem, mduding its secured positbn in a bankruptoy proceeding. Securing the Properfy includes, bul is not Ibnited to, entering tbe Properfy to make repairs, change lods, replace or board up doors and windaws, drain water from pipes, eliminate building or otlwr code violations or dangerous conditions, and have utilities turned on or off. Aldiougb tinder may take action under diis Section 9, Lender does not have to do so and is not under any dufy or obligation to do so. It is agreed dial Lender mcurs no liabilify for not takuig any or aO adions authorized unifer this Secdon 9. Any amounts disbursed i^ Lender under this Section 9 shall become additional ddit of Borrower secured by this Securify Instrument. These amounte shall bear biterest et die Note rate fiom tbe date of cBsbursonent and shall be payable, with such interest upon nodce from l.enda to Borrower requesting payment If diis Securify Instnunent is on a leasehold, Borrower shall oompfy with all the provisions ofthe lease. If Borrower acquires fee tide to the Properfy, die leasehold and die fee tide shall not moge unless Lender agrees to die merger in writing. 10. Mortgage Insoraace. If Lender requiied Mortgage Insurance as a ctmdition of making die Loan, Bonower shall pay Ihe premiums required to mahrtaln Ihe Mortgage Insurance m effed. If, for any reason, the Mortgage Insurance coverage requiied by Lender ceases to be available fiom die mortgage insurer that prevbusfy provided such insurance and Boirower was required to make separatefy designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtmn coverage suboantially equivalent to die Mortgage Insurance previously in effed, at a cost substamially equivalent to tbe cost to Borrower of die Mortgage Insurance pwiously hi effect, from an alternate mortgage insurer seleded by Lender. If substandalfy equivalent Mortgagetasurancecoverage is not available, Borrowo- shall continue to pay to Lender die amount of die separatdy designated payments that were due vtiioi die insurance coverage ceased to be m effect Lender will accept use and retam these payments as a non-reiimdable toss reserve bi lieu of Mortgage Insurance. Such loss reserve shall be non-refimdable, noiwhhstan(fing tbe fact Uiat die Loan is ultimately paid hi fiill. and Lender shall not be requiied to pay Boirower any interest or earnings on sudi loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (fai the ainount and for tbe period that Loider requires) provided l>y an insurer seleded by Lender agun becomes available, is obtained, and Lender requires separatefy dengnated payments toward dte premiums for Mortgage Insurance, If Lender required Mortgage Insurance as a condition of makbig the Loan snd Boirower was required to make separately deignated payments toward the premiums for Mortgage Insurance, Boirower siiall pay the premiums required to maintain Mntgage Insurance m effect, or to provide a non-refbndable hss reserve, until Lender's requirement for Mortgage Insurance ends in accoidance with any written agreement bdween Borrower and Lender providing for such terminatton or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrowo-'s obligation to p^ interest al the rate provided ui the Note. Mortgage Insurance reimburses Lender (or any entify Ihat porehases tiie Note) for certain losses h may incur if Borrower does not tepsy die Loan as agreed. Borrower is not a parfy to die Mortgage Insurance. Mortgage nsurers evaluate then totel risk on all such insurance in foice from tfane to time, and may enter into ^cements with other parties that share or modify Asit risk, or reduce losses. These agreements are on terms and conditions dial are satis&ctmy to die mortgage insurer and die other party (or parties) to diese agreements. These ^eemenis m^ require foe mortgage insurer to make payments ushig any source of funds that the mortgage msurer may have available (which may indude fiinds obtained from Mortgage Insurance premiums). As a result of Uiese agreements. Lender, any purdaser of die Note^ anodio-faisurer,any reinsurer, any other entify, or any afniiate of any of d » foregdng, may receive (directiy or iodirectiy) amounts that derive fiom (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage Insurer's risk, or reducing lisses. If such agreement provides that an aSlliate of Lender takes a share ofthe insurer's ri^ in exchange for a share of Uie premiums paid to the Insurer, the arrangement is often termed "captivereinsurance."Further: (a) Any such agreements wiU not affect the amounts tfaat Borrower has agreed to pay for Mortgage Insurance, or any other terras of the Loan. Such agreements will not faicrease tbe amonnt Borrower win owe for Mortgage Insnrancc^ and t b ^ wBl nol entitle Borrower lo any refund. (b) Any such agreementswdl not affect tbe ri^lsBorrower has—if any—with respecttothe Mortgage Insonioce onder OK Homeowneis Protection Act of 1998 or any other law. These rights may inclode (fae right to receive certain disdosures, to request and olitaln canceUathni of ttie Mortgage Insurance, to have Ihe Mortgage Insurance terminated antomalicalfy, and/or to receive a rehiod of any Mortgage Insurance premiums that were aneamed at the dme of sncb caneeSatiini or termination. FLORIDAr-SinglsnxnQy—FamitMat/Ficddle Mac UNIFORM INSTRimENT Faro 3010 I/SI iTEUM7ii7(ainn-«ais (I'nge7ropBify is damaged, such Miscellaneous Proceeds diall be eppfied to restoration or repair of die Properfy, if die restoration or repab' is economically fi»sible and licnder's securify B not lessened. During sudi repair andrestorationperiod. Lender shall have tbe rigid to hold sudi Miscellaneous Proceeds until Lender lias had an Ofpontttity to mspect such Properfy to ensure die work has beoi completed to Lender's satisfasticm, provided diat sudi mspedion duill be undertaken promptly. Lender may pay for the repaiis and restoration m a sbigle disbursement or in a series of progress p^rments as the woric is complded. Unless an agreement is made to writing or Applicable Law reqwres tolerest to be paid on such Miscellaneous Proceeife. Lender shall not be required to pay Bonower any interest or eanungs on such Miscellaneous Proceeds. If die restoration or repair is not economicaify feasible or Lender's security would be lessened, die Miscdianeous Proceeds shall tie qiplied to the sums secured by diis Securify Instrument, whedier (a-