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Filing # 122517194 E-Filed 03/04/2021 02:56:20 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CIVIL DIVISION
Wells Fargo Bank, N.A. Case #: 19CA002542AX
Plaintiff,
-Vvs.-
Marlowe A. Frantz a/k/a Marlowe Frantz; et al.
Defendant(s).
NOTICE OF FILING
ORIGINAL LOAN DOCUMENT
PLAINTIFF, Wells Fargo Bank, N.A., hereby gives Notice of Filing of: Original Note.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true copy of the above and foregoing Notice of Filing
Original Loan Document was furnished on this 4 day of Marc 2021,
by U.S. Mail and/or email service if an email address is so listed below to the following:
Marlowe A. Frantz a/k/a Marlowe Frantz, LAST KNOWN ADDRESS, 503 Northeast 165th
Terrace, Silver Springs, FL 34488
Unknown Spouse of Marlowe A. Frantz a/k/a Marlowe Frantz, LAST KNOWN ADDRESS, 503
Northeast 165th Terrace, Silver Springs, FL 34488
John Ray Frantz, 18151 Southeast 52nd Street, Unit 19, Ocklawaha, FL 32179
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff’s counsel
hereby designates its primary email address for the purposes of
1
Electronically Filed Marion Case # 19CA002542AX 03/04/2021 02:56:20 PMemail service as: FLeService@logs.com*
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
4630 Woodland Corporate Blvd., Suite 100
Tampa, Florida 33614
Telephone: (813) 880-8888 Ext. 56701
Fax: (813) 880-8800
For Email Service Only: FLeService@logs.com
For all othe} inquiries: aconcilio@logs.com
FL Bar #71 FL BAR NO. BaG49
Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.
fe Amy ri Esq. JENNIFER §,, KOPF
19-321774 FCO] WNILoan Number: lsc 2
MN A 70-8 _ NOTE. Se «5;
Florida ! ; ‘ .
THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS
INDEBTEDNESS,
January 12, 2010
303 NE 165TH TERRACE
SILVER SPRINGS, FL 34488
Property Adétess}
1, PARTIES
“Borrower” means each person signing at the end of this Note, and the person's successors and assigns, "Lender means
CIS Financial Services, inc.
and its successors. and assigns,
2, BORROWER'S PROMISE TO PAY; INTEREST
In returs for a loan received from Lender, Borrower promises to pay the principal sum of
One Hundred One Thousand Two Hundred Bighty-Three and 00/100 Dollars
(US. $ 101,283.00 } plus interest, to the order of Lender. Interest will be charged, on unpaid principal, fromthe date of
disbursement of the loan proceeds by Lender, at the rate of percent
(* 4) peryear until the fall emount 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 Borrowet defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a pret of principal and interest to Lender on the fist day ofeach month beginning on
principal and interest remaining on the first day of ’
wi be due on that date, which iscaled he "otty Date.”
(8) Place
Payment shall be made at P, O. Box 1906
Hamilton, AL 35570 ‘orat such place as Lender may designate in weiting
by notice to Borrower.
{C) Amount
Each monthly payment of principal snd interest will be inthe amount of US$ 9° * « 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 onder described in the Security Instrument,
* See Attached Rider To Note
FIA Flora Fired Rate Note -18 58
SD, 18 eoew Amended 1088
‘YUP wangage Soba, be, myst ,
Page Lats Bie
DDSFLS(0) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Boerower together with this Note, the covenants of
the allonge shall be incorporated into and shal! amend and supplement the covenants of this Note as if the allonge were a part
of this Note, [Check applicable box}
[2] Graduated Payment Allonge — [] Growing Equity Allonge {21 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
mokes 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 fll 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 ¢ late charge in the
amount of Four percent ( 4.000%) of the overdue amount of each payment,
(B) Default
If Borrower defaults by failing to pay in fll any monthly payment, then Lender may, except as Tinited by regulations
of the Secretary in the case of payment defaults, requice immediate payment in full ofthe 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 inthis Note, “Secretary” means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender hos 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 bya applicable
jaw, Such fees and costs shall bear interest fom 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,
% GIVING OF NOTICES:
‘Unless applicable Jaw 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 Borrowers 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
Paragech 4(B) of at a different address ‘if Borrower is given a notice of that different address,
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Hf more than one person. signs this Note, each person is fully and personally obligated to keep allof the promises made in
this Note, including the promise to pay the full amount owed, Any person who is e guarantor, surety or endorser of this Note
is also obligated to do these things. Any person who takes over these obligations, including the obligations ofa guarantor,
surety of 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 agaist each parson indvidally oc aginst alsigatories together. Any one person signing tht Not may be
required to pay allof the amounts owed under this Note.
* See Attached Rider To Note
BHF oot : Pome ~~ af
DDS-FLIPay to the order of
pithout recourse
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note,
Ldooc he Li cs
MARLOWE FRANTZ Borrower
(Seal)
“Borrower
(Gea).
Bo
[Sign Original Only)
* See Attached Rider To Note
sry eon
DDS-FL 5 Page atRIDER TO NOTE
Loan Number foc
BORROWER: MARLOWE FRANTZ
LENDER: CIS Financial Services, Inc.
DATE OF NOTE: January 12, 2010
WHEREAS, BORROWER has executed the Note ("NOTE") to which this Rider is made, together with a Mortgage
(/MORTGAGE"} of even date therewith securing the NOTE, in connection with a loan to BORROWER from LENDER,
The perties agree as follows:
1, PAYMENT OF PRINCIPAL AND INTEREST: Interest shall be payable at the rate of Six and Three Quarters
percent ( 6.750%) on a deity basis. Interest only shall be calculated on a daily basis and be payable monthly,
Janvary 12, 2010 commencing and continuing on the first day of each month thereafter until
the "Modification Date” as hereinafler determined, ot which timg principal and interest shall be paid in accordance with
the modification {as provided in paragraph 2 of the Rider) to the Note.
2 INTEREST RATE AMORTIZATION, TERM ADJUSTMENT, AND THE MODIFICATION DATE: BORROWER and
LENDER agree that the NOTE and MORTGAGE shall be modified by a Modification Agreement to be executed by
BORROWER at LENDER'S request, pon the date of the first to occur of the following events (referred to herein os the
“Modification Date")
21 The final inspection by the appropriate goveraments! authority certifying compliance of the completed improvements with
applicable governmental regulation, of
22 Issuance ofa CERTIFICATION OF OCCUPANCY, or
23. Occupancy by the BORROWER of the subject premises, or
m4 months from the date of this NOTE, The Modification Agreement shall modify the terms of the NOTE as follows:
1S The maturity date shall be adjusted; s6 as to provide for a 360 month remaining term of the MORTGAGE.
2.6 The amortization shail be modified so as to provide the amortization of the principal and interest over the full remaining
360 “month term of the MORTGAGE, in accordance with the requirements of LENDER.
3, DERAULT: Failure of BORROWER to complete construction within 4 months fromthe date of this NOTE or te
execute the Modification Agreement and such other instruments as shall be reasonably required in connection therewith
by the LENDER, within fifteen (15) days of the Modification Date, shall constitute default and the outstanding principal
bbalance plus accrued interest of the NOTE and MORTGAGE shall be immedistely due and payable without further notice
to BORROWER. In the event of default, the outstanding principal balance shall bear interest at the highest rate allowable
under the law. LENDER shall also be entitied to exercise all remedies provided in the MORTGAGE and NOTE, or as in
otherwise available to it at law or in equity, in the event of default of the BORROWER.
4, LENDERS RESCISSION RIGHT; If any provision of this Rider shall be contrary to the requirements now or hereafter |”
established for sale of the NOTE and the MORTGAGE secaring it to any secondary market investor, this Rider shall be
deemed nuli and void and the provision hereof shall terminate immediately.
5. COMMITMENT OF LENDER AND AGREEMENT TO BORROW: Anything in the NOTE or this Agreement to the
contrary notwithstanding, the BORROWER agrees to pay prepayment penalty equal fo one percent of the Commitment
if the BORROWER prepays or repays the NOTE from a source other than a permanent loan from the LENDER.
Prepayments will NOT be accepted during the construction period,
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MARLOWE FRANTZ > Date
Date Date
Date Date
Date Date
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DDS-RNC
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Filing # 122517194 E-Filed 03/04/2021 02:56:20 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA CIVIL DIVISION Wells Fargo Bank, N.A. Case #: 19CA002542AX Plaintiff, -Vvs.- Marlowe A. Frantz a/k/a Marlowe Frantz; et al. Defendant(s). NOTICE OF FILING ORIGINAL LOAN DOCUMENT PLAINTIFF, Wells Fargo Bank, N.A., hereby gives Notice of Filing of: Original Note. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true copy of the above and foregoing Notice of Filing Original Loan Document was furnished on this 4 day of Marc 2021, by U.S. Mail and/or email service if an email address is so listed below to the following: Marlowe A. Frantz a/k/a Marlowe Frantz, LAST KNOWN ADDRESS, 503 Northeast 165th Terrace, Silver Springs, FL 34488 Unknown Spouse of Marlowe A. Frantz a/k/a Marlowe Frantz, LAST KNOWN ADDRESS, 503 Northeast 165th Terrace, Silver Springs, FL 34488 John Ray Frantz, 18151 Southeast 52nd Street, Unit 19, Ocklawaha, FL 32179 *Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff’s counsel hereby designates its primary email address for the purposes of 1 Electronically Filed Marion Case # 19CA002542AX 03/04/2021 02:56:20 PMemail service as: FLeService@logs.com* LOGS LEGAL GROUP LLP Attorneys for Plaintiff 4630 Woodland Corporate Blvd., Suite 100 Tampa, Florida 33614 Telephone: (813) 880-8888 Ext. 56701 Fax: (813) 880-8800 For Email Service Only: FLeService@logs.com For all othe} inquiries: aconcilio@logs.com FL Bar #71 FL BAR NO. BaG49 Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt collector and any information obtained may be used for that purpose. fe Amy ri Esq. JENNIFER §,, KOPF 19-321774 FCO] WNILoan Number: lsc 2 MN A 70-8 _ NOTE. Se «5; Florida ! ; ‘ . THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS INDEBTEDNESS, January 12, 2010 303 NE 165TH TERRACE SILVER SPRINGS, FL 34488 Property Adétess} 1, PARTIES “Borrower” means each person signing at the end of this Note, and the person's successors and assigns, "Lender means CIS Financial Services, inc. and its successors. and assigns, 2, BORROWER'S PROMISE TO PAY; INTEREST In returs for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred One Thousand Two Hundred Bighty-Three and 00/100 Dollars (US. $ 101,283.00 } plus interest, to the order of Lender. Interest will be charged, on unpaid principal, fromthe date of disbursement of the loan proceeds by Lender, at the rate of percent (* 4) peryear until the fall emount 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 Borrowet defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a pret of principal and interest to Lender on the fist day ofeach month beginning on principal and interest remaining on the first day of ’ wi be due on that date, which iscaled he "otty Date.” (8) Place Payment shall be made at P, O. Box 1906 Hamilton, AL 35570 ‘orat such place as Lender may designate in weiting by notice to Borrower. {C) Amount Each monthly payment of principal snd interest will be inthe amount of US$ 9° * « 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 onder described in the Security Instrument, * See Attached Rider To Note FIA Flora Fired Rate Note -18 58 SD, 18 eoew Amended 1088 ‘YUP wangage Soba, be, myst , Page Lats Bie DDSFLS(0) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Boerower together with this Note, the covenants of the allonge shall be incorporated into and shal! amend and supplement the covenants of this Note as if the allonge were a part of this Note, [Check applicable box} [2] Graduated Payment Allonge — [] Growing Equity Allonge {21 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 mokes 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 fll 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 ¢ late charge in the amount of Four percent ( 4.000%) of the overdue amount of each payment, (B) Default If Borrower defaults by failing to pay in fll any monthly payment, then Lender may, except as Tinited by regulations of the Secretary in the case of payment defaults, requice immediate payment in full ofthe 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 inthis Note, “Secretary” means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender hos 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 bya applicable jaw, Such fees and costs shall bear interest fom 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, % GIVING OF NOTICES: ‘Unless applicable Jaw 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 Borrowers 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 Paragech 4(B) of at a different address ‘if Borrower is given a notice of that different address, 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE Hf more than one person. signs this Note, each person is fully and personally obligated to keep allof the promises made in this Note, including the promise to pay the full amount owed, Any person who is e guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations ofa guarantor, surety of 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 agaist each parson indvidally oc aginst alsigatories together. Any one person signing tht Not may be required to pay allof the amounts owed under this Note. * See Attached Rider To Note BHF oot : Pome ~~ af DDS-FLIPay to the order of pithout recourse BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note, Ldooc he Li cs MARLOWE FRANTZ Borrower (Seal) “Borrower (Gea). Bo [Sign Original Only) * See Attached Rider To Note sry eon DDS-FL 5 Page atRIDER TO NOTE Loan Number foc BORROWER: MARLOWE FRANTZ LENDER: CIS Financial Services, Inc. DATE OF NOTE: January 12, 2010 WHEREAS, BORROWER has executed the Note ("NOTE") to which this Rider is made, together with a Mortgage (/MORTGAGE"} of even date therewith securing the NOTE, in connection with a loan to BORROWER from LENDER, The perties agree as follows: 1, PAYMENT OF PRINCIPAL AND INTEREST: Interest shall be payable at the rate of Six and Three Quarters percent ( 6.750%) on a deity basis. Interest only shall be calculated on a daily basis and be payable monthly, Janvary 12, 2010 commencing and continuing on the first day of each month thereafter until the "Modification Date” as hereinafler determined, ot which timg principal and interest shall be paid in accordance with the modification {as provided in paragraph 2 of the Rider) to the Note. 2 INTEREST RATE AMORTIZATION, TERM ADJUSTMENT, AND THE MODIFICATION DATE: BORROWER and LENDER agree that the NOTE and MORTGAGE shall be modified by a Modification Agreement to be executed by BORROWER at LENDER'S request, pon the date of the first to occur of the following events (referred to herein os the “Modification Date") 21 The final inspection by the appropriate goveraments! authority certifying compliance of the completed improvements with applicable governmental regulation, of 22 Issuance ofa CERTIFICATION OF OCCUPANCY, or 23. Occupancy by the BORROWER of the subject premises, or m4 months from the date of this NOTE, The Modification Agreement shall modify the terms of the NOTE as follows: 1S The maturity date shall be adjusted; s6 as to provide for a 360 month remaining term of the MORTGAGE. 2.6 The amortization shail be modified so as to provide the amortization of the principal and interest over the full remaining 360 “month term of the MORTGAGE, in accordance with the requirements of LENDER. 3, DERAULT: Failure of BORROWER to complete construction within 4 months fromthe date of this NOTE or te execute the Modification Agreement and such other instruments as shall be reasonably required in connection therewith by the LENDER, within fifteen (15) days of the Modification Date, shall constitute default and the outstanding principal bbalance plus accrued interest of the NOTE and MORTGAGE shall be immedistely due and payable without further notice to BORROWER. In the event of default, the outstanding principal balance shall bear interest at the highest rate allowable under the law. LENDER shall also be entitied to exercise all remedies provided in the MORTGAGE and NOTE, or as in otherwise available to it at law or in equity, in the event of default of the BORROWER. 4, LENDERS RESCISSION RIGHT; If any provision of this Rider shall be contrary to the requirements now or hereafter |” established for sale of the NOTE and the MORTGAGE secaring it to any secondary market investor, this Rider shall be deemed nuli and void and the provision hereof shall terminate immediately. 5. COMMITMENT OF LENDER AND AGREEMENT TO BORROW: Anything in the NOTE or this Agreement to the contrary notwithstanding, the BORROWER agrees to pay prepayment penalty equal fo one percent of the Commitment if the BORROWER prepays or repays the NOTE from a source other than a permanent loan from the LENDER. Prepayments will NOT be accepted during the construction period, Page 1 of 2 DOS-RNCMleed Er 0 MARLOWE FRANTZ > Date Date Date Date Date Date Date Page 2 of 2 DDS-RNC