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Case Number: CACE-19-021681 Division: 11
Filing # 97489968 E-Filed 10/18/2019 09:05:25 AM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
NATIONSTAR MORTGAGE LLC D/B/A
MR. COOPER,
Plaintiff,
VS.
AHMAD F. TAYFOUR A/K/A AHMAD
TAYFOUR, et. al.,
Defendant(s).
NOTICE OF SUBMITTING FLA.STAT.§ 702.015(4) CERTIFICATION
Plaintiff, by and through its undersigned counsel, hereby submits contemporaneously
with the Complaint in this case the attached Certification of Possession pursuant to
Fla Stat.§702.015(4).
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-
By:
[ ] Meliséa Konick, Esq., FL Bar No. 17569, Email Address: mkonick@rasflaw.com
M Wendy Manswell, Esq., FL Bar No. 12027, Email Address: wmanswell@rasflaw.com
]
Rosemarie Wildman, Esq., FL Bar No. 645869, Email Address: rwildman@rasflaw.com
Gweneth Brimm, Esq., FL Bar No. 727601, Email Address: gbrimm@rasflaw.com
, FL Bar No. 36955, Email Address: adaniel@rasflaw.com
., FL Bar No. 119809, Email Address: avais@rasflaw.com
[ ] Alecia Daniel, Esq.
[ ] Abraham Vais, E:
HULA AA UNA UHURU
19-284278
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 09:05:22 AM.****CERTIFICATION OF POSSESSION PURSUANT TO FL, STAT. §702.015(4)
The_undersigned hereby certifies:
1.
My name is Toyia Jones and I am employed as an Original Documents Assistant in the
Original Document Department of Robertson, Anschutz & Schneid, P.L., Plaintiff's
counsel.
2. As reflected on the original promissory note, the note at issue and upon which this action
is brought was executed by AHMAD TAYFOUR A/K/A AHMAD F. TAYFOUR on
January 7, 2005.
3. I personally verified possession and location of the original note on September 16, 2019
at 03:07 PM.
4. As of the date and time of verification, the original note was located at Robertson,
Anschutz & Schneid, P.L., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487.
5. Correct copies of the original note (and, if applicable, all endorsements, transfers,
allonges, loan modifications or assignments of the note) are attached hereto. Some
original allonges and/or indorsements may be affixed by stamp.
6. I give this statement based upon my own personal knowledge .
7. Under penalties of perjury, I declare that I have read the foregoing and that the facts stated
in it are true.
8. Executed on September 16, 2019
/
Toyid Jokes | 7
es
PAGE 28 @ :
Prepared by: ARIEL MARTINEZ.
EEE
InterestOnly ADJUSTABLE RATE NOTE
(One-Year LIBOR Index (As Published in The Wall Street Journal) - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR A CHANGE IN MY FIXED INTEREST RATE
TO AN ADJUSTABLE INTEREST RATE AND FOR CHANGES IN MY MONTHLY PAYMENT. THIS.
NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE
TIME AND THE MAXIMUM RATE | MUST PAY.
JANUARY 07, 2005 HOLLYWOOD FLORIDA
{Dae} (City) {State}
13385 NW 11TH PLACE, SUNRISE, FL 33323
[Property Address}
1, BORROWER'S PROMISE TO PAY
In retum for a loan that I have received, I promise to pay U.S. $ 280,000.00 (this amount is called *Principal"),
plus interest, to the order of Lender. Lender is
AMERICA'S WHOLESALE LENDER
T will make all payments under this Note in the form of cash, check or money order.
Tunderstand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to
receive payments under this Note is called the "Note Holder.”
2, INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
ratcof 5.875 %. The interest rate I will pay may change in accordance with Section 4 of this Note,
‘The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default
described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will make a payment on the girst day of every month, beginning on MARCH 01, 2005
Before the First Principal and Interest Payment Due Date as described in Section 4 of this Note, my payment will consist only of
the imterest due on the unpaid principal balance of this Note. Thereafter, I will pay principal and interest by making a payment
every month as provided below.
I will make my monthly payments of principal and interest beginning on the First Principal and Interest Payment Due Datc
as described in Section 4 of this Note, I will make these payments every month until I have paid all of the principal and interest
and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its
scheduled due date, and if the payment includes both principal and interest, it will be applied to interest before Principal. If, on
FEBRUARY 01, 2035, Istill owe amounts under this Note, I will pay those amounts in full on that date, which is called
the "Maturity Date.”
I will make my monthly payments at
P.O. Box 660694, Dallas, TX 75266-0694
or at a different place if required by the Note Holder.
(8) Amount of My Initial Monthly Payments
My monthly payment will be in the amount of U.S. $1,370.83 before the First Principal and Interest
Payment Due Datc, and thereafter will be in an amount sufficient (0 repay the principal and interest at the rate determined as
described in Section 4'of this Note in substantially equal installments by the Maturity Date. The Note Holder will notily me
prior to the date of change in monthly payment,
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must
pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with
Section 4 or 5 of this Note.
4, ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of
FEBRUARY, 2010 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The
date on which my initial fixed interest rate changes to an adjustable interest rate, and cach date on which my adjustable interest
rate could change, is called a “Change Date."
conv
* PLORDA marty ADIYSTAGLE RATE NOTE -ONE YEAR BOR INDEX
i Page 1 ot 4 Initiats:
a(B) The Index :
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the average 6f
interbank offered rates for onc-ycar U.S. dollar-denominated deposits in the London market (LIBOR), as published in The Wall
Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the “Current
Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information,
‘The Note Holder will give me notice of this choice.
(C) Caleutation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
TWO & ONE-QUARTER percentage points ( 2.250 %) to the Current Index. The Note Holder will then
round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in
Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date.
‘The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid
principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal
payments. The result of this calculation will be the new amount of my monthly payment,
(D) Limits on Interest Rate Changes
‘The interest rate I am required to pay at the first Change Date will not be greater than 10.875 % or less than
2.250 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more
than two percentage points from the rate of interest I have been paying for the preceding 12 months. My interest rate will never
be greater than 10.875 %,
(E) Effective Date of Changes
My new interest rate will become effective on cach Change Date. I will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again,
(F) Notice of Changes
Before the effective date of any change in my interest rate and/or monthly payment, the Note Holder will deliver or mail to
me a notice of such change. The notice will include information required by law to be given to me and also the ttle and
telephone number of a person who will answer any question I may have regarding the notice.
(G) Date of First Principal and Interest Payment
The date of my first payment consisting of both principal and interest on this Note (the "First Principal and Interest
Payment Due Date") shall be the first monthly payment date after the first Change Date.
5. BORROWER'S RIGHT TO PREPAY
Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
“Prepayment,” When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under this Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use
my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date of my monthly payments
unless the Note Holder agrees in writing to those changes. If the partial Prepayment is made during the period when my monthly
payments consist only of interest, the amount of the monthly payment will decrease for the remainder of the term when my
payments consist of only interest. If the partial Prepayment is made during the period when my payments consist of principal
and interest, my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my
partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitied limit; and (b) any sums already collected from
me that exceeded permitted limits will be refunded to me, The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
as.a partial Prepayment,
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be §.000 % of my
overdue payment of interest, during the period when my payment is interest only, and of principal and interest thereafter, f will
pay this late charge promptly but only once on each Jate payment.
@) Default
If1do not pay the full amount of cach monthly payment on the date it is due, J will be in default
(C) Notice of Default
Tf Tam in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the
interest that I owe on that amount, That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means,
(D) No Waiver By Note Holder
Even if, at atime when 1am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
rsiOniy ADJUSTABLE RATE NOTE - ONE YEAR LIBOR INDEX
Page2of4 inital:EAS
(E) Payment of Note Holder's Costs and Expenses 7
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the Fight to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys’ fees,
8 GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will
bbe given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address
if Lam given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surcty
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
10. WAIVERS
Land any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
“Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid,
11. UNIFORM SECURED NOTE
This Note is a uniform instrament with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses that might result if! do not keep the promises that I make in this Note,
That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions read as follows:
(A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above,
Uniform Covenant 18 of the Security Instrument shall read as follows:
‘Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of
which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any interest in itis sold or transferred (or if Borrower is not @ natural person
and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may, at its
option, require immediate payment in full of all sums secured by this Security Instrument, However, this option shall
not be exercised by Lender if exercise is prohibited by federal law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower
must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of
this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand
‘on Borrower.
(B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above,
Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and Uniform
Covenant 18 of the Security Instrument shall instead read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of
which is the transfer of title by Borrower at a future date to a purchaser.
If all or any past of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may requize immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this
option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended
transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's
security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this,
Security Instrument is acceptable to Lender
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's
consent to the Joan assumption. Lender may also require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and
in this Security Instrument, Borrower will continue to be obligated under the Note and this Security Instrument untess
Lender releases Borrower in writing.
‘conv
FLORIDA InterestOnly ADJUSTABLE RATE NOTE - ONE YEAR LIBOR INDEX a
Page 3.014 Anas:a
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or
demand on Borrower.
12, DOCUMENTARY TAX
‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness,
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
i
(Seal)
» TAYFOUR
“Borrower
AHMAD
(Seal)
“Borrower
(Seal)
“Borrower
(Seal)
“Borrower
[Sign Original Only}
PAY TO THE ORDER OF
_
SEE
WiTHoUT RECOURSE
pris Home Lend
joss 09 Ames
Ino. a Hew York Cae
4 Wrnstesate Landot
By.
David A. Sasctor
Monsging Dizector
conv
FLORIDA Interes‘Only ADJUSTABLE RATE NOTE - ONE YEAR LIBOR INDEX
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Case Number: CACE-19-021681 Division: 11 Filing # 97489968 E-Filed 10/18/2019 09:05:25 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER, Plaintiff, VS. AHMAD F. TAYFOUR A/K/A AHMAD TAYFOUR, et. al., Defendant(s). NOTICE OF SUBMITTING FLA.STAT.§ 702.015(4) CERTIFICATION Plaintiff, by and through its undersigned counsel, hereby submits contemporaneously with the Complaint in this case the attached Certification of Possession pursuant to Fla Stat.§702.015(4). ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561- By: [ ] Meliséa Konick, Esq., FL Bar No. 17569, Email Address: mkonick@rasflaw.com M Wendy Manswell, Esq., FL Bar No. 12027, Email Address: wmanswell@rasflaw.com ] Rosemarie Wildman, Esq., FL Bar No. 645869, Email Address: rwildman@rasflaw.com Gweneth Brimm, Esq., FL Bar No. 727601, Email Address: gbrimm@rasflaw.com , FL Bar No. 36955, Email Address: adaniel@rasflaw.com ., FL Bar No. 119809, Email Address: avais@rasflaw.com [ ] Alecia Daniel, Esq. [ ] Abraham Vais, E: HULA AA UNA UHURU 19-284278 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 09:05:22 AM.****CERTIFICATION OF POSSESSION PURSUANT TO FL, STAT. §702.015(4) The_undersigned hereby certifies: 1. My name is Toyia Jones and I am employed as an Original Documents Assistant in the Original Document Department of Robertson, Anschutz & Schneid, P.L., Plaintiff's counsel. 2. As reflected on the original promissory note, the note at issue and upon which this action is brought was executed by AHMAD TAYFOUR A/K/A AHMAD F. TAYFOUR on January 7, 2005. 3. I personally verified possession and location of the original note on September 16, 2019 at 03:07 PM. 4. As of the date and time of verification, the original note was located at Robertson, Anschutz & Schneid, P.L., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487. 5. Correct copies of the original note (and, if applicable, all endorsements, transfers, allonges, loan modifications or assignments of the note) are attached hereto. Some original allonges and/or indorsements may be affixed by stamp. 6. I give this statement based upon my own personal knowledge . 7. Under penalties of perjury, I declare that I have read the foregoing and that the facts stated in it are true. 8. Executed on September 16, 2019 / Toyid Jokes | 7 es PAGE 28 @ : Prepared by: ARIEL MARTINEZ. EEE InterestOnly ADJUSTABLE RATE NOTE (One-Year LIBOR Index (As Published in The Wall Street Journal) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE AND FOR CHANGES IN MY MONTHLY PAYMENT. THIS. NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE | MUST PAY. JANUARY 07, 2005 HOLLYWOOD FLORIDA {Dae} (City) {State} 13385 NW 11TH PLACE, SUNRISE, FL 33323 [Property Address} 1, BORROWER'S PROMISE TO PAY In retum for a loan that I have received, I promise to pay U.S. $ 280,000.00 (this amount is called *Principal"), plus interest, to the order of Lender. Lender is AMERICA'S WHOLESALE LENDER T will make all payments under this Note in the form of cash, check or money order. Tunderstand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.” 2, INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly ratcof 5.875 %. The interest rate I will pay may change in accordance with Section 4 of this Note, ‘The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will make a payment on the girst day of every month, beginning on MARCH 01, 2005 Before the First Principal and Interest Payment Due Date as described in Section 4 of this Note, my payment will consist only of the imterest due on the unpaid principal balance of this Note. Thereafter, I will pay principal and interest by making a payment every month as provided below. I will make my monthly payments of principal and interest beginning on the First Principal and Interest Payment Due Datc as described in Section 4 of this Note, I will make these payments every month until I have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and interest, it will be applied to interest before Principal. If, on FEBRUARY 01, 2035, Istill owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.” I will make my monthly payments at P.O. Box 660694, Dallas, TX 75266-0694 or at a different place if required by the Note Holder. (8) Amount of My Initial Monthly Payments My monthly payment will be in the amount of U.S. $1,370.83 before the First Principal and Interest Payment Due Datc, and thereafter will be in an amount sufficient (0 repay the principal and interest at the rate determined as described in Section 4'of this Note in substantially equal installments by the Maturity Date. The Note Holder will notily me prior to the date of change in monthly payment, (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 or 5 of this Note. 4, ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of FEBRUARY, 2010 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and cach date on which my adjustable interest rate could change, is called a “Change Date." conv * PLORDA marty ADIYSTAGLE RATE NOTE -ONE YEAR BOR INDEX i Page 1 ot 4 Initiats: a(B) The Index : Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the average 6f interbank offered rates for onc-ycar U.S. dollar-denominated deposits in the London market (LIBOR), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the “Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information, ‘The Note Holder will give me notice of this choice. (C) Caleutation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO & ONE-QUARTER percentage points ( 2.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. ‘The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment, (D) Limits on Interest Rate Changes ‘The interest rate I am required to pay at the first Change Date will not be greater than 10.875 % or less than 2.250 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 10.875 %, (E) Effective Date of Changes My new interest rate will become effective on cach Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again, (F) Notice of Changes Before the effective date of any change in my interest rate and/or monthly payment, the Note Holder will deliver or mail to me a notice of such change. The notice will include information required by law to be given to me and also the ttle and telephone number of a person who will answer any question I may have regarding the notice. (G) Date of First Principal and Interest Payment The date of my first payment consisting of both principal and interest on this Note (the "First Principal and Interest Payment Due Date") shall be the first monthly payment date after the first Change Date. 5. BORROWER'S RIGHT TO PREPAY Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment,” When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date of my monthly payments unless the Note Holder agrees in writing to those changes. If the partial Prepayment is made during the period when my monthly payments consist only of interest, the amount of the monthly payment will decrease for the remainder of the term when my payments consist of only interest. If the partial Prepayment is made during the period when my payments consist of principal and interest, my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitied limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me, The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as.a partial Prepayment, 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be §.000 % of my overdue payment of interest, during the period when my payment is interest only, and of principal and interest thereafter, f will pay this late charge promptly but only once on each Jate payment. @) Default If1do not pay the full amount of cach monthly payment on the date it is due, J will be in default (C) Notice of Default Tf Tam in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount, That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means, (D) No Waiver By Note Holder Even if, at atime when 1am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. rsiOniy ADJUSTABLE RATE NOTE - ONE YEAR LIBOR INDEX Page2of4 inital:EAS (E) Payment of Note Holder's Costs and Expenses 7 If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the Fight to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees, 8 GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will bbe given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if Lam given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surcty or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS Land any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid, 11. UNIFORM SECURED NOTE This Note is a uniform instrament with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if! do not keep the promises that I make in this Note, That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows: ‘Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any interest in itis sold or transferred (or if Borrower is not @ natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if exercise is prohibited by federal law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand ‘on Borrower. (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any past of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may requize immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this, Security Instrument is acceptable to Lender To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the Joan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument, Borrower will continue to be obligated under the Note and this Security Instrument untess Lender releases Borrower in writing. ‘conv FLORIDA InterestOnly ADJUSTABLE RATE NOTE - ONE YEAR LIBOR INDEX a Page 3.014 Anas:a If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12, DOCUMENTARY TAX ‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness, WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. i (Seal) » TAYFOUR “Borrower AHMAD (Seal) “Borrower (Seal) “Borrower (Seal) “Borrower [Sign Original Only} PAY TO THE ORDER OF _ SEE WiTHoUT RECOURSE pris Home Lend joss 09 Ames Ino. a Hew York Cae 4 Wrnstesate Landot By. David A. Sasctor Monsging Dizector conv FLORIDA Interes‘Only ADJUSTABLE RATE NOTE - ONE YEAR LIBOR INDEX Page 4 of 4