Motion,Ex Parte: WELLS FARGO BANK NA vs FRANTZ, JOHN RAY et al

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                                Filing # 122340370 E-Filed 03/02/2021 02:50:05 PM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CIVIL ACTION

Wells Fargo Bank, N.A.
Case #: 19CA002542AX

Plaintiff,
-vs.-

Marlowe A. Frantz a/k/a Marlowe Frantz;
Unknown Spouse of Marlowe A. Frantz a/k/a
Marlowe Frantz; John Ray Frantz; Unknown
Parties in Possession #1, if living, and all
Unknown Parties claiming by, through, under
and against the above named Defendant(s) who
are not known to be dead or alive, whether said
Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other
Claimants; Unknown Parties in Possession #2,
if living, and all Unknown Parties claiming by,
through, under and against the above named
Defendant(s) who are not known to be dead or
alive, whether said Unknown Parties may claim
an interest as Spouse, Heirs, Devisees,
Grantees, or Other Claimants

Defendant(s).

MOTION FOR SUMMARY JUDGMENT OF FORECLOSURE

The Plaintiff, Wells Fargo Bank, N.A., pursuant to Fla. R. Civ. P. 1.510, moves this court
for the entry of a Summary Judgment of Foreclosure, in support thereof states as follows:

1 There is no genuine issue of material fact in the instant matter. Accordingly, the
Plaintiff is entitled to a judgment as a matter of law for the relief sought in the Complaint. See,
Holl v. Talcott, 191 So.2d 40 (Fla. 1966).

2. The Plaintiff has the right to enforce the Note which is the subject of this action

and to foreclose the Mortgage securing that Note. See Verified Complaint.

Electronically Filed Marion Case # 19CA002542AX 03/02/2021 02:50:05 PM
13. The mortgagor(s) has (have) defaulted under the terms of the Note and Mortgage
being foreclosed. Attached hereto as Composite Exhibit “1” are affidavits (collectively referred to
as “Affidavits” and which pursuant to Fla. R. Jud. Admin. 2.425, sensitive information has been
truncated or redacted before filing.) relied upon by Plaintiff, establishing the Plaintiff's right to
summary judgment of foreclosure and an award of attorney’s fees and costs in connection
therewith. An affidavit as to the reasonableness of attorney's fees will be filed under separate
cover.

4. Plaintiff has satisfied all conditions precedent and the debt has been accelerated
pursuant to the covenants of the Note and Mortgage.

5. A mortgagee has the right to accelerate upon default in conditions of the security
agreement, such as payment of interest, installments of principal, taxes and insurance. See e.g,

Clark v. Lachenmeier, 237 So.2d 583 (Fla. 2d DCA 1970); Federal Home Loan Mortgage Corp.

vy. Taylor, 318 So.2d 203 (Fla. Ist DCA 1975).

6. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or
subsequent right, title, claim lien or interests arising out of the mortgagor or the mortgagor's
predecessors in interest. Sarmiento v. Stockton, Whatley, Davin & Co., 399 So.2d 1057 (Fla. 3d
DCA 1981).

7. The rights of other bona fide lenders or purchasers will not be prejudiced by
Plaintiff's reformation attempts, if such relief is needed, as mutual mistake is a proper ground for
reformation. Nall v. Raybon, 451 So.2d 923 (Fla. 1st DCA 1984); W.W. Burleson v. Brogdon,
364 So.2d 491 (Fla. Ist DCA 1978), (reforming a deed to make it conform to the intention of the

parties is proper if the rights of the bona fide and innocent purchasers will not be prejudiced);Hardaway Timber Co. v. R.B. Hansford, 245 So.2d 911 (Fla. Ist DCA 1971), Alexander v.

Kirkham, 365 So.2d 1038 (Fla. 3d DCA 1978).

8. The Original Note, Original Mortgage and Loan Modification Agreement will be
filed at or before the time of the hearing on this motion.

9. The Original Note, Original Mortgage, Loan Modification Agreement and
Affidavits filed or to be filed by the Plaintiff, and admissions by the Defendants, if any, establish
that the Plaintiff is entitled to judgment as a matter of law because no genuine issue of material
fact has been raised.

WHEREFORE, the Plaintiff moves this court for the entry of Summary Judgment of

Foreclosure.
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has 1A furnished

by U.S. Mail and/or email service if an email address is so listed below on this Z day of
low. 2021 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 34488John 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
email 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 Jervice O; LeService@logs.com
For all other inguirjés/gconcilio@logs.com

By:
Amy Concilio, q-
FL Bar # 71107,

Pursuant to the Fair Debt Collections Practices Act, are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.

19-321774 FCO1 WNIIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CIVIL DIVISION

Wells Fargo Bank, N.A. Case #: 19CA002542AK

Plaintiff,
-vs.-
Marlowe A. Frantz a/k/a Marlowe Frantz; et al.

Defendant(s).
AFFIDAVIT OF COSTS
STATE OF FLORIDA :
28S.
COUNTY OF HILLSBOROUGH

BEFORE ME, the undersigned notary public, this date appeared Affiant, being personally
known to me and having taken an oath, deposes and says:

1. That the A ffiant is a practicing attorney of the law firm of LOGS LEGAL
GROUP LLP, licensed to practice in Florida and is the attorney for the Plaintiff, Wells Fargo
Bank, N.A., in this cause.

2. The Affiant makes this affidavit based on personal knowledge by a review of the
Plaintiff's counsel’s internal computer reporting system as to costs advanced on behalf of the

Plaintiff.

3. Based on the review of those internal reporting systems, the Plaintiff has

expended the following sums as costs in this action:

Filing Fee/ Statutory $905.00
Convenience Fee
Recording fee for Lis Pendens $9.00Publication Service $399.84

Private Process Server $455.00
Clerk Cost $50.00
Electronic Filing Cost $5.00
Heir - Defendant Search Cost $195.30
TOTAL $2,019.14

FURTHER AFFIANT SAYETH NAUGHT.

Aftiant bey CONCILIO
BAR # 71107

The foregoing instrument was acknowledged before me by means of [X] physical

presgace or [ ] (\ e Wali this | day of Of 2021, by

\A J j (“onal hi ( D who is [X] personally
known to me fh | who has produced_ CCCs identification.
1k of Notary Puplie C) sponamgenenemmeneenes

MY coms #GG 245831

19-321774 FCO1 WNI

Zee “ao 4860190 :S3uldxa

$8902 99 # NOISSINWOD AN
UINIS¥D AGNIIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CIVIL ACTION

Wells Fargo Bank, N.A.

Case #: 19CA002542AX
Plaintiff,

-VS.-

Marlowe A. Frantz a/k/a Marlowe Frantz;
Unknown Spouse of Marlowe A. Frantz a/k/a
Marlowe Frantz; John Ray Frantz; Unknown
Parties in Possession #1, if living, and all
Unknown Parties claiming by, through, under
and against the above named Defendant(s) who
are not known to be dead or alive, whether said
Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other
Claimants; Unknown Parties in Possession #2,
if living, and all Unknown Parties claiming by,
through, under and against the above named
Defendant(s) who are not known to be dead or
alive, whether said Unknown Parties may claim
an interest as Spouse, Heirs, Devisees,
Grantees, or Other Claimants

Defendant(s).

AFFIDAVIT AS TO AMOUNTS DUE AND OWING

STATE OF SOUTH CAROLINA

COUNTY OF YORK

BEFORE ME this day personally appeared Vera R. Hailey, who, first being duly sworn

deposes and says:

001-FL-V8
FEE-NTL-V91. Affiant is over the age of 18 and competent to testify to the matters stated herein.
Affiant is Vice President Loan Documentation, of Wells Fargo Bank, N.A.., (hereinafter “Wells
Fargo”).

2. Affiant is authorized to make this Affidavit on behalf of the Plaintiff. In the regular
performance of my job functions, I am familiar with business records maintained by Wells Fargo
for the purpose of servicing mortgage loans. These records (which include data compilations,
electronically imaged documents, and others) are made at or near the time by, or from
information provided or transmitted by, persons with knowledge of the activity and transactions
reflected in such records, and are kept in the course of business activity conducted regularly by
Wells Fargo. It is the regular practice of Wells Fargo’s mortgage servicing business to make
these records. In connection with making this affidavit, I have acquired knowledge of the
matters stated herein by examining these business records.

3. Wells Fargo Bank, N.A., directly or through an agent, is in possession of the
Promissory Note. The Promissory note was indorsed in blank.

I confirm that the Wells Fargo Bank, N.A. was in possession of the Promissory Note, directly or
through an agent, prior to 11/19/2019.

4, That Wells Fargo sent the Borrower(s) a letter, in accordance with the loan
documents and the procedures of Wells Fargo for sending such letter. The Borrower(s) have not
cured the default.

5. Attached as exhibit(s) hereto are copies of the following business records:

A. Payment/balance history, Exhibit A
B. Promissory Note, Exhibit B
Cc. Mortgage, Exhibit C

001-FL-V8
FEE-NTL-V9D. Demand letter, Exhibit D
E. Supporting the total amount due, Exhibit E
F. Other Loan Modification Agreement , Exhibit F
6. The borrower has defaulted under the terms of the Promissory Note and Mortgage,
the default has not been cured, making the entire balance due and owing in accordance with the
terms of the loan, along with accrued interest and Plaintiff is owed the following sums of money:

The total amount due the Plaintiff on said Note through 02/17/2021 is $104,844.82 which
breaks down as follows:

Principal $88,214.26
Interest

From 05/01/2019 to 02/17/2021 @ 6.75% $10,681.43
Pre-acceleration Late Charges $158.36
Hazard Insurance Disbursements $3,652.00
Tax Disbursements $1,798.69
Property Inspections/Preservation $0.00
PMI\MIP Insurance $582.87
Other (specify charges/fees) $0.00
Escrow Balance Credit $0.00
Credits to Borrower $242.79
Total $104,844.82
Interest will continue to accrue until the date of judgment under the terms of the Note and
Mortgage

001-FL-V8

FEE-NTL-V97. Plaintiff has agreed to pay its attorneys a reasonable fee for services rendered in the

above-styled litigation.

Ve AFEIANT at NOT.
Yves Q : HK

Vera R, Hailey -Vice President Loan Documentation
Wells Fargo Bank, N.A.
02/18/2021

State of South Carolina)
County of York}

Sworn and subscribed before me on this \ ww day of.
_AOBA _, by Vera R. Hailey Vice President Loan Documentation, Wells faryo Bank, N.A.

Commission Expires \\- AD-QBODR

WENDY HERNANDEZ
NOTARY PUBLIC
SOUTH CAROLINA

MY COMMISSION EXPIRES 11-20-2028

O01-FL-V8
FEE-NTL-V9Exhb'4 A

Account Histot i Wells Fargo Bank, NASP
Borrower: FRANTZMARLOWE  [Address: [503 NE 165TH TERR _ [Prin Bak [99,214.26 Investor Type: FNMA
[Co-Borrower Name: | _ ” SILVER SPRINGS |Add Prin Bal: ‘$0.00 Hayestor #: ‘6DC
‘Due Date: [o6/01/2019 FL, ‘Account Type: First Mortgage - FHA Residential {Investor Account. —_
‘Last Pmt Appd On: iZip Code: [34488 (Total Prat Amt: ($832.51 PLS Client 1D:
Request Criteria: Type = All, Date Range = From 01/01/2015 To 02/18/2021
Row Coun = 240
[Transaction ‘Applied | Principal interest ‘Escrow nat Suspense [CorpAdv [LICAmt [FeeAme Fee
Description Dt [Due Date Payment lapptied [Applied (Applied —_|PS¢ Bal Adv Bal Bespin Applied Applied |Applied (Ca
Escrow Advance 0204/2021 0601/2019, $38.49] $38.49) $6,033.56 _
‘Morigege ins Dish [02/04/2021 )08/01/2021; $38 19 “EHR.59' -S8,49485,995,07]
r : T
papery Pres Com onro3i2021 i i $5,995.07 SiS. |
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open Pres Corp coena02t, { $5,995.07) $80.00)
property Pres Com loi psy20y : | $5,995.07) $100.
Property Pres Corp 1/25/2021 | 185,995.07! $100.00;
Fepeny Pres Comp py 2500) i '$5,995.07
~ anh ene |
Property Pres Com loyasnoat! i ! $5,995.07 $133.63
propery Pres Comm pisig/202i : : I | 55,995.07) $80.00)
ray Pres Com lovogi2021! i 183,995.07] $80.00)
| 7 r
gees Pees Com loysagr2021) ! $5,995.07 $60.00) |
Escrow Advance _j0U0s2021/06012009, $3849; | $38.49) 95,995.07] I
[Mortgage Ins Dish 01/04/302ios/o1/z021) _-S38.49 “S38.19] 598. 69)/85,956 581 {
Property t T
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Property Pres TT im s “ '
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property PresCom | 191 20201 : | 55,956.58) $194.96) |
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pegbers Pres Comm ay1 1/2020; i 5,986.58 484.49
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ce _ a a tL.
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Escrow Advance {120a/3020 (06/01/2019, $38 49 : $3891 95.956. 58) :
|Mortgage Ins Dish __'12/04/2020,05/01/2021) -S38.49% tL -538-49[ _-$38-49155.918.09
Property Pres Corp | 1/30/2020, ! 's5,918.09 $250.00
a nen cohen cone | .
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Escrow Advance |11/11/2020/06/01/2019 Siassa0f PT s135349, «igs. 09) ~~
Ser 1141172020) 1 V01/2020)-51,355.49 $1385.49) $4,562.60)
[Dist ti ~ . o -
Escrow Advance {11/08/2020106101/2019| $38.49! $38.49) 54,562.60
Morigage Ins Dish 411/04/2020/05/01/2021! -¥38.49) $38.49" 1$4,524.11
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Page 1 of $ Generated: 02/18/2021 2:40:48 PMEscrow Advance __[10/02/2020!06/01/20191 $38.49 : |
Mortgane Ins Disb 10/02/3020:05/01/2001; $38.49" - | SBR 49; we eee
Escrow Advance \09727/2020106/01/2019] $2,749.00) $2,749.00) 4
Hazard Ins '09727/2020.07/01/2020 -§2.749 16) } $2,749.09 -82,249,00'81,736.62
Disbursement : f —
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+
Property res Corp 09/21/2020} | i $1,736.62) $80.00)
rgbery Pres Coe | oo/1 2020 : $1,736.62
Escrow Advance (09404/2020;06/0 1/2019: $38.49) i $1,736.62} 4
Mortgage Ins Disb [09/04/2020/05/01/2021!  -$38.491 t 7538,49/$1,698.13;
Property Pres Corp J i i
[Adv 108/28/2020,, It : ($1,698.13)
ewer 1 a hn
property Pres Comp log/o5/2020, | ($1,698.13! $580.00! i
fropeny Pres Comm ogrs2/2020 [51,698.23 580.00
Escrow Advance __108/03/2020'06/01/2019! $38.49: i Po siaag| $1,698.13 : ~
Mortgage Ins Disb 08/03/2020/05/01/2021,  -s38,49) “S38.49] -SHRAI|S1, 659.6
operty Pres Corp |ayy339520 i : 1 | j$1.659.64) $15.00}
Fropeny Pres Com |g7731/2020 | i {s1,659.64| $80.00) i
abery Pres Com tanrnamogg ' 1,659.64 $80.00)
Propery Pres Com ony rp 020 | 51,659.64 $40.00)
Propedty Pres Corp | ory1qnoz0 ! : : 51,659.64| $324.25!
pagheny Pres Comp lo 1972020: : Is1,659.641 $78.45
rpperty Pres Corp 97/10/2020 i | 1,639.64 $460.82]
rapper Pres Com ony ro/2020) i | ; | 151,659.64) $79.52
; ; +
Property Pres Comp iony1qi20201 i | : Is1,659.631 $123.62]
gees Peso lorntor2az0 ! | 51,659.64! $80.65
iigperty Pres Com lo7/10/2020, ! i : s1,659.64 3560.00
Property Pres Comp o7noran20, i 151,659.64) 300.00) i
eee Pres Com oni iarz00 i s1,659. $600.00
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Page 2 of 5

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Mortgage Ins Disb | 12/04/2019105/01/20201 _-$34 4); ~ L $443.20]
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Page 3 of 5 Generated: 02/18/2021 2:40:48 PMMise Default Exp Corp | 19/93/2019) | $25.00
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proper Pres Com yqio42019 | : $383.68
ly ese
Late Charge Assessed (09/16/2019 06/01/2019. : $383.68 :
Fropeny Pes Com lopranoie | P $383.68
{Moriyage Ins Dis 09/04/2019)05/01/2020. -$30.01; f “Sil _
harge Assessed, 08/16/2019/06(01/20191 Y “536.38
Prepeny Pres Com Jasrosno1s / ' i i
Mortgage tns Dish 08/02/2019 0s/01/2020' _-930.41 | “S41
Late Charge Assessed |07/16/2019106/01/20191 ~ t 53638) "I
Propeny Pres Com orioarzai9! i sis.
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‘Mortgage Ins Dist {07/04/2019 05/01/2020! _-$59.41)
Fonds Application _|070272019105/04/2019" " S038.79) $159.82) $497.10) $175.59 $26.28)
Late Charge Assessed _|06/18/2019105/01/2019 _ wh t .. _. . $26.28)
Hroperty Pres Corp osioe2019, : $326.32 $15.00)
Mortgage Ins Disb [06/04/2019'05/01/2020, -$39.4| 2830411 $326.32
Funds Application [05/30/2019|04/01/2019! $838.79) S158 93/ _$498,00 __
Late Charge Assessed |05/17/2019104/01/20191_
Mortgage Ins Dis _{05/03/2019,03/01/2019' $40.36 1 Si 36 i
Funds Appl [04/30/2019 040172019: $034 - ! 30.34 .
Funds Application {04/30/2019 03/01/2019] $858.79! $158.03] $498.89! $175.59: 326.28!
Late Charge Assessed 104/16/2019 03/01/2019] ! “$26.38 ,
Mortgage Ins Disb _|04/01/2019,05/0i720191 $40.26, "S036, ~ ~
Escrow Advance | i :
Re voz 019!02/012019, Sa) .86 _
Funds Application [64/02/2019'02/01/2019, $858.79 $157.13, $499.77 $175.93 $25.98
Late Charge Assessed {03/18/2019'02/01/2019! t 7326.28)
fe on - +
Propeny Pres Com losi2r20i9) i : $315.00
[Escrow Advance |03/03/2019102/01/2019 $40.26] 036
[Mortgage ins Dish {03/03/2019 05/01/2019] -S80 61 | sin361 $10 20) $40.60!
Escrow Advance 508i
iRepyme o228/2019/0Yor2019 | | “S173.93 $40.60) |
‘unds Application ___[02/28/2019101/0U/2019, $858.79) $156.27," $500.65; $175.93 $175.93! 821653 _ | $25.94} t
Escrow Advance __[02/21/2019/01/01/2019" $216.53 S216 52) $216.53
Hazard Ins i an res
Dichesensent 0221/2019103/01/2019, £903.00: S998 00; $216.53
102/19/2019/01/01/2019; | sone.47)
oiv2019, 1 $686.47 $15.00)
‘Mortgage Ins Disb [02/03/2019|0570172019" ," $10.26) $6647 : ~ ey
Brow Refindt —lopra 2019! i 51.12} $726.73
Funds Application _(01/3120191 12/0/2018! $1350 5175.93] $1,077.85 ~T 2628 ~
Late Charge Assessed _101/16/20191 12/01/2018 $901 32 "826,28 t
Mortgage Ins Dish {01/04/201910s/01/2019)~sa0-20 [sit2e) $901.93
Roper Pres Com Tovosma019: | seas $15.00)
fFunds Application 12/31/2018,11/01/2018! $839.13 $154.53, $302.39) _si73.931 Sou0.18 752638 |
Late Charge Assessed _{12/17/2018)11/01/2018) $766.25, 826.28]
Property Pres Com | ipanais! i ' $766.25 15,00]
[Mortgage [ns Disb |12/03/2018/05/01/72019| -San26| PY ~S40.26) $766.25 -~ - dl
Funds Application 11/30/2018/ 10/01/2018) $832.85; $153.66] $503.26! $175.93! $806.51 t
Late Charge Assessed {11/16/2018012018| | ($630.58) ~ “28 i
‘County Tax | sz : PS !
Sat Hvi2poIg 1vo1R018) $72) ot} ; 2 S70 sesosal _ a
Special Escrow i i : ] ~ i
epost uecois!ooraors s3soc2, ! L_ S302; stasi.ss) _|
Property Pres Com 11/06/2018 i : $1,002.57 sis.o0l i
[Adv L Le :
Mortgage Ins Dish |11/02/2018108/01/2019' $40.26, i $40.36" $1,001.57 i
Funds Application [10/31/2018 [09/01/2018 $832.85; $152.80, $504.12| $175.93. $1,041.83) _
Late Charge Assessed {10/16/2018 '09/0 1/2018) i | $865.90} 526,28;
Mortgage ins Disb [30/04/2018 o5/1/20191 _-S10 26) : “Si36) $865.90)
Funds Application |09/28/2018/08/01/2018' $880.00; 151.93, $504.97] $175.93" $006.16 $47.15)
+ t a “7 ~
prghery Pres Corp loo agizava i : | $730.23] $15.00] i
Late Charge Assessed [09/17/2018 08/01/2018 ~ c ‘$730.23 S028
IMonizage ins Dish [09/03/2018105/01/2019' -st0, 0" 6 9730.23) _
Funds Application [09/03/2018!08/01/2018 i 1 [$70.49 1526.28) $26.28]

Page 4 of 5 Generated: 02/18/2021 2:40:48 PM[Funds Application __{09/02/2018|07/01/2018} $859.13, $151.10]__ $505.82) 3175.93] $770.49] $26.28 L
agperty Pres Com ogn4/n038) i $594.56] s18.00

' t
i i

Late Charge Assessed {08/16/2018 |07/01/2018;

tgage Ins Dish __{08/03/2018105/01/2019:
is Application _{07/31/2018:06/01/2018 $859.13)

*540.36} f SH
$150.25; $506.67. $175.93] _

irgherty Pres Com fozroraais, | i $15.00]
Late Charge Assessed '07/16/2018:06/01/2018. 1
ey PeesComlariiez0rs| i | $15.00)
Ins Dish {07/04/2018'05/01/2019, _ -840 26) $46.20)
Funds Application 106/29/2018 05/01/2018 S9iG.1Bi _S149.41/ $507 31) $259.26; S
Frepery Pes Com logngin0t8, i : : $239.89 $15.00 i

Mortgage Ins Disb {06/03/2018:05/01/2019:

$40,268 } ‘ ~$10.26) $239.89)
[Funds Application 05/31/2018:04/01/20%8) $916.18: $1488: $508.34- $259.26

i
e280 15 7 1
igpeny Pres Corp (05/24/2018! ; $20.89) $15.00} i
Mortgage Ins Dish [0sioa/soisioswmiois! “saig7 Sa.07 -
Faron Refind ie ogaon0is; “$350.02 0.02) i
eigbere Pres Comm loyaiots 1 i $411.98) $15.00) i
React COPA yaaa $9000 / sn $30.09
Res CORAM losizerois, 1 $35.00; © sa1.98 $35.00) i
a Com Ady ing 24/2018; | $90.00) ' $411.98 $90.00} !
i ; ° , | '
MOPAR loazaz0r $35.09 SAU1.98, $35.00)
Funds Application _loa/az2ols.ox/01018' $916.18 $147.73! Ss09171 Sai 98]
a Com AdY axoorors $110.00) $152.72} $110.00) i
Rtarricted Com ASY Joaosraoig $1100 ! i $152.72 $110.00) \
‘Morigage ins Dish [04/04/2018 05/01/2018" -S11.07,_ “Si07 $159.73) - ~~
Rae Advance | os/so/2018/02/01/2018 i “$65.17 $193.79)
a: 18,02/01/2018; | $916 18] $146.92, $510.00 $259.26! $259.96 Sés.a7t wo a so
10370612018 Hl I $15.09) :
Escrow Advance _[03/02/2018102/01720181 $41.07, 7
‘Mortgage ins Disb 103/02/2018:05/01/2018) $41.07), i \ |
Rept __[02p2/2018 ovou2018| ; 1
[Funds Application _(03/28/2018101/01/20%8; $916.18 $146 10] $510.82] $259.26 $259.26, $28 ~
Escrow Advance _102/22/2018)01/01/2018 $283.66) _ $283.66. ~
Dee eat Jo222/2018'03/012018,, -s90 ool } $903.00) -$283.66)
openly Pres Com ton o7p2018) : $619.34 $15.00)
Propeny Pres Com toniagraoie ! | sei9.4 $15.09)
iby 81 Sa1.0 Xs : {
[Mongage Ins Dish [62002018 Osioira01a| S31 [Stel “S934 -
[Funds Application 01/31/2018. 12/01/2017] $863.62| $143.28) $514.64) $359.261 sea0.41 "52301 7 :_.
Yo1joa/2018 05/01/2018" _ -S41.07, $41.07, $401.15
[o1/o2/2018 11/01/2017, $916.18; $144.47; $512.45] "$259.26, $442.22
we Comp Adv | oagn017 -S50 56! i { 3182.96) $50,364 |
oe we 1 . . col
Re CORAM fnzrsi2017 | $182.96 | $50.56 i
a Com Ads byoo7/2017: i ss0.s6! : $182.96] l $50.56 :
a Com Ady 2p72017 1 $50.56) $182.96, 350.56
A COPA hizn017 | ssa | 1 sisz.96) $80.56
A COPAY apapoi, 85056) i } $182.96 $30,
12o7AOITOsA O18) Sina “Sioa $8296
“= “+
1270672017] 1 ssa.se! i | | $224.03 $50.56 :
ng PAR os2017 $145.00! | 22403} $145.00)
oe Corp Adv {21062017} 1 $99.00; : F $224.03 $90.00

Page 5 of 5 Generated: 02/18/2021 2:40:48 PM58F4746-9BF4-4CBA-AAF0 Page | o:
hi ls +

Loan Number: . FHA Cae New
‘I NOTE nn

Florida , .
THE STATE DOCUMENTARY TAX QUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS
INDEBTEDNESS, ‘
January 12,2010
[Dee]
503 NE 163TH TERRACE ~
SILVER SPRINGS, FL 34488
{Property Address)

1. PARTIES

"Borrower" means each persen signing at the end of this Note, and the person's suecessors and assigns, “Lender” means
CIS Financial Services, Inc.

and its successors and assigns,
2, BORROWER'S PROMISE TO PAY: INTEREST
Jn zetum for 2 loan received from Lender. Borrower promises to pay the principal sum of

‘One Hundred One Thousand Two Hundred Eighty-Three and 00/100 Dollars
(US. 101,283.00 plus interest, (9 the order of Lender. Intérest will be charged on unpaid principal, Crom the date of
disbursement of the oan proceeds. by Lender. at the rate of P percent

(© %) per year until the full amount of principal has been paid.
4. PROMISE TO PAV SECURED

Borrower's promise to pay is secured by a morgage, deed of trust or similar security instrument that is dated the same
date a5 this Note and called the "Security Instrument.” The Security Instrument protects the Lender from losses which might
result if Borrower defaults under this Nore,
4. MANNER OF PAYMENT

(A) Tine
Borrower shall makea payment of principal and interest 1o Lender on the first day of each momh beginning on
. Any principal and interest remaining on the first day of . :
will be due on that date, which is called the "Maturity Date."
(B) Place
Payment shall be made at P, O. Box 1906
Homillon, AL 35570 or at such place as Lender may designate in writing
by notice to Borrower.
(©) Amount
Each monthly payment of principal and interest will be in the amount of US. $ . . This amount

will be part of a larger monthly payment required by the Security Instrument, that shall be applied 10 principal, interest and
other items in the order described inthe Security Instrument, .

* See Attached Rider To Note

FHA Flaride Fived Rate Note 10 95
SRF) one Amended 10158

uP Mongige SoMoes, te. (1%) 82.7791
Pew tot ait
DDS-FLO

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{D) Allonge to this Note for payment adjustments

Mf an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shail be incorporated imo and shail amend and supplement the covenants of this Note as if the allonge were a part
‘of this Note. [Check applicable box]

CD Graduated Payment Attlonge — [_] Growing Equity Allonge TO otter tspecityy
$. BORROWER'S RIGHT TO PREPAY

Borrower has the right to pay the debt evidenced by this Note. in whole or in pert, without charge or penalty, on the first
day of any month. Lender shall accept prepayment on other days provided that Borcower pays interest an 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 9 partial prepayment, there will be no changes in the due date or inthe amount of the monthly payment unless Lender
agrees in writing fo 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 percent ( 4.000%) of the overdue amount of ench payment.

(8) 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 defailts, require immediate payment in fell of the principal balance remaining due and
ail 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 paymen in
full in the case of payment defaults, This Note does not authorize acceleration when not permitted by HUD feguiations. 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 deseribed above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys’ fees for enforcing this Note to ve extent not prohibited by eppliczble
Jaw. Such fees and costs shall bear interest ‘om the date of disbursement at the same rate as the peincipal of this Note.

7, WAIVERS
Borrower and ony other person who has obligations under this Note waive the rights of Presentment and notice of

dishonor. “Presentment” means the right to require Lender 10 demand payment of amounts due. "Notice of dishonor" means
the right ta require Lender to give notice to other persons that amounts due have not been paid,

4. GIVING OF NOTICES

Untess applicable Jaw requires a different method, any notice that must be given to Borrower under this Note will be given
by delivering if 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 10 Lender under this Note will be given by first class mail to Lender al the address stated in
Paragraph 4{B/ or at adifferem address if Borrower is given a netice of that different address.

9 OBLIGATIONS OF PERSONS UNDER THIS NOTE.

{f more shan one person signs this Nots, each person is fully and personally obligated to keep allofthe promises made in
this Note, inctuding the promise (0 pay the full amount awed, Any person who is a guarantor, surety or endorser of this Note
is also obligated 10 do these things. Any person who takes over these obligations, including the obligations of a guarantor.
Surety ot endorser of this Note. is also obligated to keep all of the promises made in tis Note. Lender may enforce its ighis
under this Note against each person individually or against all signatories together. Any one person signing this Note may be
required to pay allof the amounts owed under this Note.

* See Altached Rider Te Note

By vRe Ly ones Page 2619 tatas; 2
DDS-FLY

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Pay to the order of.
Without recourse

BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.

Mowe A PGE ses

MARLOWE FRANTZ. “Bonower

(Seal)
Fonoses

(Seal)
Bonower

(Sean)

Hontawer

(Seal)
“Borrower

(Seal)
Firrve:

(Seal)

[ign Original Only}
4 See Attached Rider To Note

Ane ones

DOS-FLS Pigs 33

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RIDER TO NOTE
vow nie

BORROWER; MARLOWE FRANTZ

LENDER: CIS Financial Services, Inc,
DATE OF NOTE: January 12.2050

WHEREAS, BORROWER has cxecured the Note ("NOTE") to which this Rider is made, together with a Morigaye
("MORTGAGE") of even date therewith securing the NOTE. in connection with a loan to BORROWER from LENDER.

The panies 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 daity basis. Interest only shall be calculated on a daily basis and be payable monthly,
Jenuary 12.2010 commencing and continuing on the first day of cach month thereafter unti!
the “Modification Date” as hereinafter determined, at which time 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 ADSUSTMENT, 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. upon the date of the first to occur of the following events (referred to herein as the
"Modification Date")

2

‘The final inspection by the appropriate governments! authority centifjing compliance of the completed improvements with
applicable governmenta) regulation, or

22. Issuance ofa CERTIFICATION OF OCCUPANCY, or
23 Occupancy by the BORROWER of the subject premises, or

wa months from the date of this NOTE, The Modification Agreement shatl modify the tems of the NOTE as follows:
28. The maturity date shall be adjusted: so as to provide fora 360 -month remaining term of the MORTGAGE.

24 The amonization shall be modified so as to provide the amortization of the principal and Interest over the full remaining.
360 smonth term of the MORTGAGE, in accordance with the requirements of LENDER.

3. DEFAULT: Failure of BORROWER to complete construction within 4 months from the dete of this NOTE or to
execute the Modification Agreement and such other instruments as shall be reasonably required in eanmection therewith
by the LENDER, within fiReen (18) days of the Modification Date, shall constitute a defaul: and the avistending principal
balance plus accrued interest of the NOTE and MORTGAGE shall be immediately due and payable without further notice
to BORROWER. In the event of default. the outstanding prinejpal baiance shall bear interest at the highest rate allowable
ander the law. LENDER shall also be entitled to exercise all remedies provided in the MORTGAGE and NOTE. ot as in
otherwise avaitable to it at lay or in equity. in the event of default of the BORROWER.

4 LENDERS RESCISSION RIGIIT: If any provision of this Rider shall be contrary’ to the requirements now or hereafter,

established for sale of the NOTE and the MORTGAGE securing it to any secondary market investor. this Rider shall be
deemed null and void and the provision heredf shall terminate immediately.

COMMITMENT OF LENDER AND AGREEMENT TO BORROW: Anything in the NOTE or this Agreement to the
contrary notwithstanding, the BORROWER agrees to pay f prepayment penally: equal to one percent of the Commitment
if the BORROWER prepays or repays the NOTE from a source other than a permanent loan from the LENDER.
Prepaymems will NOT be accepted during the constructien period.

Poge 1 of 2
ODS-RNC

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Bled Far haf

MARLOWE FRANTZ > pre Dats
Dale Date
. Date Date
Date Date
Page 2 of 2
DDE-RNC

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ovo. cs ‘CLERIC OF COURT MARION COUNTY

Y &% DATE: 01/21/2010 04:13:12 PM

Ky FILE #: 2010005430 OR BK 05307 PGS 1244-1252

‘ Pa i COMPANY’

1727 S.E. FORT UIC STREET
OCALA, PL $4471 t

RECORDING FEES 78.09
MORT DOC TAX 354.95
INTANG TAX 20257

Retum To:

CIS Financial Services, Inc.
P.O. Box 1906.

Hamilton, AL 35570

This document was prepared by:
CIS Financial Services, Inc.

P.O, Box 1906

‘Hamilton, AL 35570

i . Above This Line Fer Recordiog Data}
FIA Case Ko.

Sut of Peri ‘MORTGAGE 0:

‘Loan Num
THIS MORTGAGE {" Security Instrument”) is given on Janmary 12, 2010 « The Mortgagor is
MARLOWE FRANTZ, AN UNMARRIED Ite, W/O1M 4

Whose address Is

503 NE 165TH TERRACE *
SILVER SPRINGS, FL 34488

("Borrower"), This Security Instrument is given to
CIS Financial Services, Inc.

which is organized and existing under the laws of Alabama and whose address. is
P.O, Box 1906

Hamilton, AL 35570 ("Lender"). Borrower owes Lender the principal sum of
‘One Hundred One Thousand Two Hundred Eighty-Three and 00/100 Dollars
(US$ 101,283.00),

This debt is evidenced by Borowers note dated the same date os this Security Instrument ("Note"), which provides for
monthly payments, withthe fill den. tfmot ped eaten dve and payable on February 1, 2040

This Security Instrument secures to Lender: (8) the repayment of the debt evidenced by the Note, with interest and all
tenewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under
patagraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrowers covenants and
Aerzmens, under hs Sey Insromen andthe Nowe Fortis pao, Borer does hereby morgage, gant wn convey
to the Lender the following described property located in ‘County, Florida:

Book5307/Pagei244 CFN#2010005430 Page 1 of 9LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF, AS EXHIBITA’

Parcel 1D Nusnber: which has the address of
$03 NE 165TH TERRACE.

[seeer)
SILVER SPRINGS (Ciy] , Florida 34488 [ip Code]

("Properly Address");

‘TOGETHER WITH all the improvements now or hereafler erected on the property, and alleasements, appurtenances. an
fixtures now or hereafter a part of the property. All teplacements and additions Shal'ain be covered by ts Seu
Instrumeat. All of the foregoing is referred to inthis Security Instrument as the "Property."

BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property snd 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 ust and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.

Borrower and Lender covenant and sgree as follows:
UNIFORM COVENANTS.

yyment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest an, the
etn evidenced by he Not ad ne charger ve were Note
2, Moathly Payment of Toxes, 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
‘orto be levied agains: 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 @ 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 stil!
held the Security instrument, each cxonthly payment shall also include either: (}.a sum forthe annval mortgage insurance
‘premium to be paid by Lender to the Secretary, or (il) monthly charge instead of « mortgage insurance premium if this
Security Instrument is held by the Secretary, ina reasonable amount to be determined by the Secretary. Except forthe monthly
charge by the Secreta, 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
US.C. Section 2601 ef seq. and implementing regulations, 24 CFR Part 3500, as they mey be amended fiom time fo time
CRESPA"), except that the cushion oy reserve permitted by RESPA for unenticipated disbursements of disbursements before
the Borrowers payments are available in the accoumt may not be based on amounts due for the mortgage insurance premium,

If the amounts held by Lender for Escrow flems exceed the amounts psrmitied to be held by RESPA, Lender shall account
fo Borrower for the excess funds us required by RESPA. I{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 3s permitted
by RESPA.

Oars = mie hy

Book5307/Page1245 CFN#2010005430 Page 2 of 9‘The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. {f Borrower
tenders 10 Lender the full payment of all such sums, Borrower's account shall be credited with the balance 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 prios to a forectosure sale
of the Property or its acquisition by Lender, Borrower's sccount shall be credited with any balance remaining for all
installments for items fa), (b), and (c).

3, Application of Payments, All payments under paragraphs 1 and 2 shall be applied by Lender ss follows:

Hisst, to the mortgage insurance premium to be paid by Lender to the Secretary or fo the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;

‘Second, to any taxes, special assessments, feasehold payments or ground rents, and fire, flood and other hazord
insurance premiums, as required:

‘Third, to interest due under the Note;

Fourth, 10 amortization of the principal of the Note; and

Fifth, to late charges due ender the Note,
{ie Fd and Otter Hazard trees Bocrower shall insure all improvements on the Property, whether now in
existence ot subsequently erected, egainst any hazards, casualties, and coatingencies, including fire, for which Lender

requires insurance. This insurance shal] be maintained in the smounts and forthe periods that Lender requires. Borrower shall
also insure afl improvements on the Property, whether now in existenee or subsequently erected, against loss by floods to the
extent required by the Secretary. Ail insurance shall be carried with companies approved by Lender. The insurance policies
‘and any renewals shall be held by Lender and shall include Joss payable clauses in favor of, and in 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 concemed is hereby authorized and directed to make payment for such toss
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 smounts applied in the order in paragraph 3, ond then to prepayment of principal, or (b) to the restorstion ot repair
of the damaged Property. Any application of the proceeds to the principsl 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 amouct 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 foréclosure of this Security Instrument or other transfer of title to the Property thet extingnishes the
indebtedness, allright, ttle and interest of Borrower in and to insurance policies in foree shell pass to the purchaser,

5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leeseholds.
Borrower shalt 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

ally change deteriorate, Lender may
inspect the Property if the Property is vacant or abendoned or the loan is in defuult, Lender may take reasoneble action to
project and preserve such vacant ot abandoned Property. Borrower shall also be in default if Borrower, during the loan
application process, gave materially falso or inaccurate information or statements to Lender (or foiled to provide Lender with
any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations
soncerning Borrower's occupancy of the Property as a principal residence. If this Security instrument is on a leasehold,
Borrower shail comply with the provisions of the lease. [f Borrower acquires fee title to the Property, the leasehold and fe 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 cosnection with any
‘condemnation of other taking of any part of the Property, ot 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 pplication of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which ee
referred to in paragraph 2, or change the amount of such payments, Any excess proceeds over an amoutit requi pay all

indebtedness under the Note and this Security Instrument shall be paid to the entity Tealy ented thereon
Dey PH , Pee sat te
DOSES

Book5307/Page1246 © CFN#2010005430 Page 3 of 9Protection of Lender's Rights in the Property, Borrower shall pay all governmental or
positions that are not included in paragreph 2. Borrower shall pay these obligations on time
directly to the entity which is owed the payment. If faifure to pay would adversely sffect Lender's interest in the Property,
‘upon Lender's request Borrower shal! 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 wek in the Property (such as a proceeding in banksuptcy, for condemnation or to enforce laws or regulations), then
Lender may do and pay whatever is necestary to protect the value of the and Lender's rights in the Property,
including po payment of faxes, hazard insurance and other items mentioned in 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, st the Note rate, and at the option
‘of Lender, shall be immediately due and payable.

Borrower shall promptly discharge any ticn which has priority over this Sccurity 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
fien 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; ot (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 s notice identifying the lien, Borrower shall satisfy the fien or take one or
more of the ections set forth above within 10 days of the giving. of notice.

48. Fees, Lender may collect fees and charges authorized by the Secretary.

9. Grounds for Arteleration of Debt.

(0) Default. Lender may, exc