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Filing #56337883 E-Filed 05/11/2017 05:58:02 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
U.S. BANK NATIONAL ASSOCIATION,
Plaintiff, Case#:
-VS.-
MICHELLE CARRINGTON, GROVE PARK
CONDOMINIUM ASSOCIATION, INC,
FLORIDA HOUSING FINANCE
CORPORATION , CITY OF ORLANDO, A
MUNICIPAL CORPORATION OF THE
STATE OF FLORIDA , UNKNOWN
TENANT IN POSSESSION 1, UNKNOWN
TENANT IN POSSESSION 2, UNKNOWN
SPOUSE OF MICHELLE CARRINGTON,
Defendant(s).
VERIFIED COMPLAI
ERED ——__
x—_— a——e— e—e—SE
NT TO FORECLO MORTGA
E——e ee GE
Plaintiff, U.S. BANK NATIONAL ASSOCIATION, sues the Defendant(s) MICHELLE
CARRINGTON, GROVE PARK CONDOMINIUM ASSOCIATION, INC, FLORIDA
HOUSING FINANCE CORPORATION , CITY OF ORLANDO, A MUNICIPAL
CORPORATION OF THE STATE OF FLORIDA , UNKNOWN TENANT IN POSSESSION 1,
UNKNOWN TENANT IN POSSESSION 2, UNKNOWN SPOUSE OF MICHELLE
CARRINGTON, and states:
COUNTI
MORTGAGE FORECLOSURE
1 This is an action to foreclose a mortgage on real property located in ORANGE
County, Florida and by reason thereof the venue for this matter is in ORANGE County, Florida.
2. MICHELLE CARRINGTON executed and delivered a Promissory Note (“Note”)
dated November 8, 2006 and MICHELLE CARRINGTON executed and delivered a Mortgage
dated November 8, 2006 securing payment of the Note. The Mortgage was recorded on
November 30, 2006, in Official Records Book 8991, at page 3561, of the Public Records of
Page 1 of 6
Firm File#16-01989-1
ECEIVE
MAY +11 2017
ee
ORANGE County, Florida, and mortgaged the real property ("Property") described therein.
References made herein to “Borrower” refers to the individual(s) executing the Note;
“Mortgagor” refers to those executing the Mortgage. True and correct copies of said Note and
Mortgage, are attached hereto as Exhibit "A" and Exhibit "B" respectively.
3, The Mortgage recorded on November 30, 2006, in Official Records Book 8991, at
page 3561, of the Public Records of ORANGE County, Florida, was subsequently modified by
an unrecorded Loan Modification Agreement effective October 1, 2015 which is attached as
Exhibit “C.”
4 The described subject Mortgage was subsequently assigned to Plaintiff. Copies of
the relevant Assignments of Mortgage are attached as Composite Exhibit “D.”
5 Plaintiff or Plaintiffs Attorney is in physical possession of the Note endorsed in
blank which is the subject of this action and therefore, Plaintiff is the holder of that Note.
6. The Mortgage was a purchase money mortgage was given to secure a loan for the
acquisition of the Property. The Mortgage is superior in dignity to any prior or subsequent right,
title, claim, lien or interest of the Defendants named herein or any person claiming by, through or
under said Defendants since the institution of this suit.
7 Defendants, Michelle Carrington, is/are the current owner(s) of the real property
which is the subject of the Mortgage.
8 There has been a default in the payment of the amounts due under the Note and
Mortgage in that the payment due for March 1, 2016 and all subsequent payments have not been
made.
Page 2 of 6
Firm File#16-01989-1
9. Plaintiff has and hereby declares the full amount payable under the Note and
Mortgage to be due and payable.
10. All conditions precedent to filing of this action have been performed or have
occurred.
11. Borrower(s), as maker(s) of the Note, may be held personally liable for a
deficiency, if any, unless Borrower(s) has/have discharged the subject debt in bankruptcy, in
which event no deficiency is or will be sought.
12. There is now due and owing the principal sum of $66,721.90, together with a
deferred principal balance of $28,692.68 pursuant to contractual terms of the loan modification
agreement(s) attached hereto as Exhibit “C”, together with all sums that may be due for interest,
taxes, insurance, escrow advances as may be allowed by this Court.
13. Defendants, UNKNOWN TENANT IN POSSESSION 1 and UNKNOWN
TENANT IN POSSESSION 2, are joined by virtue of any right, title or interest said Defendants
may claim as tenants in the property pursuant to a lease agreement, either written or oral. Said
interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff.
14. Defendant, UNKNOWN SPOUSE OF MICHELLE CARRINGTON, is joined by
virtue of any right, title or interest said Defendant may claim by virtue of marriage to Defendant,
MICHELLE CARRINGTON, and/or by virtue of joining in and executing the subject Mortgage.
Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff.
15. Defendant, GROVE PARK CONDOMINIUM ASSOCIATION, INC, is joined by
virtue of any right, title or interest said Defendant may claim under FS. §§ 718.116 and/or
720.3085 or pursuant to the association's declaration or other covenants.
Page 3 of 6
Firm File#16-01989-1
16. The Defendant(s), CITY OF ORLANDO, A MUNICIPAL CORPORATION OF
THE STATE OF FLORIDA, has or claims to have an interest in the aforesaid property by reason
of that certain lien recorded in Official Records Book 10823, at page 5227, of the public records
of Orange County, Florida, however, any right title, interest or claim of said Defendant(s) in and
to said property is subordinate in time and inferior in right to the rights, powers and privileges of
the Plaintiff herein, and Plaintiff's Mortgage is superior in time and right to any and all rights,
title and interest claimed by said Defendant(s).
17. The Defendant(s), CITY OF ORLANDO, A MUNICIPAL CORPORATION OF
THE STATE OF FLORIDA , has or claims to have an interest in the aforesaid property by reason
of that certain lien recorded in Official Records Book 11012, at page 4756, of the public records
of Orange County, Florida, however, any right title, interest or claim of said Defendant(s) in and
to said property is subordinate in time and inferior in right to the rights, powers and privileges of
the Plaintiff herein, and Plaintiff's Mortgage is superior in time and right to any and all rights,
title and interest claimed by said Defendant(s).
18. The Defendant(s), CITY OF ORLANDO, A MUNICIPAL CORPORATION OF
THE STATE OF FLORIDA, has or claims to have an interest in the aforesaid property by reason
of that certain Mortgage recorded in Official Records Book 8991, at page 3594, of the public
records of Orange County, Florida, in the original amount of $19,991.00, however, any right
title, interest or claim of said Defendant(s) in and to said property is subordinate in time and
inferior in right to the rights, powers and privileges of the Plaintiff herein, and Plaintiff's
Mortgage is superior in time and right to any and all rights, title and interest claimed by said
Defendant(s).
Page 4 of 6
Firm File#16-01989-1
19. The Defendant(s), FLORIDA HOUSING FINANCE CORPORATION , has or
claims to have an interest in the aforesaid property by reason of that certain Mortgage recorded
in Official Records Book 8991, at page 3583, of the public records of Orange County, Florida, in
the original amount of $25,000.00, however, any right title, interest or claim of said Defendant(s)
in and to said property is subordinate in time and inferior in right to the rights, powers and
privileges of the Plaintiff herein, and Plaintiff's Mortgage is superior in time and right to any and
all rights, title and interest claimed by said Defendant(s).
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment foreclosing
the Mortgage; and (a) enumerating all amounts this Court determines due to Plaintiff pursuant to
said Note and Mortgage and outstanding principal, interest, escrow advances (b) ordering the
Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or in
part; (c) adjudging that the right, title and interest of any party claiming by, through, under or
against any Defendant named herein be deemed inferior and subordinate to the Plaintiff's
Mortgage lien and forever be barred and foreclosed; (d) retaining jurisdiction of this Court in this
action to make any and all further orders and judgments as may be necessary and proper,
including issuance of writ of possession and the entry of a deficiency judgment if the proceeds of
the sale are insufficient to pay Plaintiff’s claim (no deficiency judgment shall be sought against
those parties who have discharged the debt in bankruptcy pursuant to the provisions of the
Bankruptcy Code 11 U.S.C. Section 101, et seq. or where a bankruptcy court only granted
Plaintiff or its predecessors-in-interest in rem relief from the bankruptcy automatic stay; and, (e)
Page 5 of 6
Firm File#16-01989-1
for such other and further relief as this Court may deem just and proper.
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true
and correct to the best of my knowledge and belief, and that I am authorized to make this Verification
of Complaint by U.S. Bank National Association.
Signature:
Name:
Title:
Date: 5/27
State of Kentucky
County of Daviess
The foregoing instrument was subscribed and sworn to before me this 5/2/\7_, by Judy G
Thompson, Assistant Vice President of U.S. Bank National Association, afederally-chartered
banking association, on behalf of U.S. Bank National Association.
(seal)
(Signat of not
sss sases
State At Large ms %
YANEQUAL BYRNE
(title or rank) NOTARY PUBLIC - KENTUCKY
‘STATE-AT-LARGE
My Comm, Expices 01/23/2021
S 22 ( IC ) (Serial number, if any) &s
*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: MRService@mccalla.com
-
DATED:. McCalla Raymer Leibert Pierce, LLC
Attorneys for Plaintiff
225 E. ROB on St. Suite 155, Orlando, FL 32801
hone:
Telep! (407) 67: 4-858 Fax:(321) 248-0420
Email; MRS@rvice@ com
gi By CX ins, Esq.
VY Jessica .
Bar Number 92474
40053992
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.
Page
6 of 6
Firm File#16-01989-1
EXHIBIT A
NOTE MIN# 100021299001627232
ORLANDO FLORIDA
November 8, 2006
{City] [State]
[Date]
5325 CURRY FORD ROAD #C101, ORLANDO, FL 32812
[Property Address]
1, BORROWER’S PROMISE TO PAY t "Principal”),
is called
(this amoun
92,727.00
In return for a loan thatI have received, I promise to pay U.S. $
plus interest, to the order of the Lender. The Lender is
APEX LENDING, ING.
order.
I will make all payments under this Note in the form of cash, check or money
the Len der
may transffer this Note. The Lender or anyone whoi takes this Note by transfer and who is entitled
Lunderstand that
to receive payments under this Note is called the "Note Holder."
2. INTEREST
Principal has been paid. I will pay interest at a yearly rate
Interest will be charged on unpaid principal until the full amount of
of 6.1000 %,
any default described in Section 6(B) of
‘The intere st d by this Section 2 is the rate I will pay both before andahter
rate require
this Note.
. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by makaing payment every month.
day of each month beginning on January 1, 2007 Twill
I will make my monthl y paymen t on the 1st
the principal and interestand any other charges describ ed below that I
make these payments every month until I have paid all of to interest before
will be applied as of its scheduled due date and will be applied
may owe under this Note. Each monthly payment
, I still owe amounts under this Note, I will pay those amounts in full on
Principal. If,on December 1, 2036 "
that date, which is called the "Maturity Date.
1 will make my monthly payments at "40300 49TH STREET N.
33752 or at a diff eren
place tby the Note Holder.
if required
CLEARWATER, FLORIDA
(B) Amount of Monthly Payments
My monthly payment will be in the amount of US. $
561.92.
4, BORROWER’S RIGHT TO PREPAY
they are due. A payment o! f Principal only is known as a
Ihave the right to make payments of Principal at any time before so, I may not designa te a payment
in writing that I am doing
"Prepayment." When I make a Prepayment, I will tell the Note Holder
as a Prepay if I havemen tall the monthly payments due under the No fote.
not made
Holder will use my
I may make a full Prepaym ent or partial Prepayments without paying a Prepayment charge. The Note
Ne lote. However, the Note Holder may apply my Prepayment to
Prepayments to reduce the amount of Principal that I owe under this ent to reduce the Princip al amount of the
lying my Prepaym
the accrued and unpaid interest on the Prepayment amount, before appl
the due date or in the amount of my monthly payment unless the
Note. If I make a partial Prepayment, there will be no changes in
Note Holder agrees in writing to those changes.
00162723
eddie Mac UNIFORM INSTRUMENT
FLORIDA FIXED RATE NOTE-Single Family-Fannle Mae/Fr
@,
Page tots
‘SN({FL) (0008) Form 3210 1/01
MP MORTGAGE FORMS - (800)621-7204
Initiate: IA
5, LOAN CHARGES or other
-is finally interpreted so that the interest
If a law, which applies to this Joan and whic! h sets maximum loan charges,
exceed the permitted limits, then: (a) any such loan charge
Joan charges collected or to be collected in connec tion with this loan limit; and (b) any sums already collected from me
charge to the permitted
shall be reduced by the amount necessary to reduce the
d permitte d limits will be refu inded to me, The Note Holder may choose to make this refund by reducing the
which exceede
me. If a refund reduces Principal, the reduction will be treated as
Principal I owe under this Note or by making adirect payment to
a partial Prepayment.
6. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
t by the end of FI fteen calendar days
If the Note Holder has not received the full amount of any monthly paymen will be 5.0000 % of
amount of the charge
after the date it is due, I will pay a late charge to the Note Holder. The
promptly but only once on each late payment,
my overdue payment of principal and interest. Iwill pay this late charge
(B) Default
it is due, I will be in default.
If I do not pay the full amount of each monthly payment on the date
(C) Notice of Default
me that if I do not pay the overdue amount by a
If I am in default, the Note Holder may send me a written notice telling
pay immediately the full amou nt which has not been paid and all the
of Principal
certain date, the Note Holder may require me to on which the notice is mailed to me or delivered
ston that amoThat
I owe unt must be at least 30 days
date . after the date
intthat ere
by other means.
-
(D) No Waiver By Note Hol der above,
Even if, at a time when I am in default, the Note Holder
does not require me to pay immediately in full as described
default at a later time.
the Note Holder will still have the right to do so if I am in
() Payment of Note Holder’s Costs and Expenses
d above, the Note Holder will have the right to be
If the Note Holder has required me to pay immediately in full as describe not pro hibited by applicable law. Those
paid back by me for all of its costs and expenses in enforcing this Note to the extent
expenses include, for example, reasonable attorneys’ fees.
7, GIVING OF NOTICES
Unless applicable law requiizes a different method, any notice
that must be given to me under this Note will be given by
y Address above or at a different address if I give the Note
delivering it or by mailing it byfirst class mail to me at the Propert
Holder a notice of my different address.
will be given by delivering it or by mailing it by first class
Any notice that must be given to the Note Holder under this Note
or at a different address if I am given a notice of that different
mail to the Note Holder at the address stated in Section 3(A) above
address,
8, OBLIGATIONS OF PERSONS UNDER THIS NOTE made in this
ly obligated to keep all of the promises
If more than one person signs this Note, each person is fully and personal of this Note is also
person who is a guarantor, surety or endorser
Note, including the promise to pay the fall amount owed. Any ons of a guaranto r, surety or
obligations, including the obligati
obligated to do these things. Any person who takes over these Note Holder may enforce its rights under
es madfe in this Note, The
endorser of this Note, is also obligated to keep all of the promis one of us may be required to pay all of
this Note against each person individu allyall of us together.‘This means that any
or against
the amounts owed under this Note.
9, WAIVERS
the rights of Presentment and Notice of Dishonor.
I and any other person who has ol bligations under this Note waive r" means the
“Presentment” means the right to require theNote Holder to demand payment of amounts due. “Notice of Dishono
amounts due have not been paid.
right to require the Note Holder to give notice to other persons that
00162723
Form 3210 1/01
Page 2013 Initials:
Zp sneF L) (0008)
10. UNIFORM SECURED NOTE
tions. In addition to the protections given to the
This Note is a uniform instrument with limitted variations in some jurisdic y Instrument”), dated the same date as this
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Securit
not keep the promises which I-make in this Note.
Note, protects the Note Holder from possible losses which might result if 1 do ate
payment in full of all
be require dto make immedi
That Security Instrument describes how and under what conditions I may
as follows:
amounts I owe under this Note. Some of those conditions are described
Tf all or any part of the Propertyor any Interest in the Property is sold or transferred (or if Borrower is not a
without Lender’s prior written consent,
natural person and a beneficial interest in Borrower is sold or transferred)
payment in full of all sums secured by this Security Instrument. However, this
Lender may require immediate
e Law.
option shall not be exercised by Lender if such exercise is prohibited by Applicabl
Lender shall give Borrower notice of accelerat ion. The notice shall provide
Tf Lender exercises this option,
with Section 15 within which
a period of not less than 30 days from the date the notice is given in accordance
Borrower fails to pay these sums prior to the
Borrower must pay all sums secured by this Security Instrument. If ent without further
this Security Instrum
expiration of this period, Lender may invoke any remedies permitted
by
notice or demand on Borrower.
KEK TK
HAINEE
AX DO
LOE MANDO,ppuakbiornedh a okrp a ya ces anata chiestn dobcoicleas
"beset MS OUINILONERATY XMOIUOONIT
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
—
i ge
MICHELLE CARRINGTON/
(Seal)
~Borrower
(Seal)
-Borrower
(Seal) (Seal)
-Borrower
-Borrower
(Seal) (Seal)
-Borrower
-Borrower
(Seal) (Seal)
-Borrower
Borrower
{Sign Original Only]
00162723 Page ao! 3 Form 3210 1/01
Dy, BNFL) (0008)
ALLONGE TO NOTE
e is
For purposes of further endorsement of the following described Note, this Allong
affixed and becomes a permanent part of said Note:
Date ulg¢l2006
Loan Number 00162723
Note Date ti] ¢/3006
Original Note Amount: 93,729.00
Borrower(s) Name(s): MICHELLE CARRINGTON
Property Address: 5325 CURRY FORD ROAD, #C-101
ORLANDO, FL 32812
Pay to the order of
US Bank, N.A
Without Recourse
APEX LENDING, INC.
(Correspondent Name)
fy
(Signat
Pay to ro.
pe een
SKIP BATTAGLIA
Typed Name)
Bs.
eee
EXECUTIVE VICE PRESIDENT FO
fe)
EXHIBIT B
CARICA ACMA A
INSTR 208060779404
‘Retum To:
OR BK @8991 PG 3561 PGS=2e
TURN TO:, MARTHA QO. HAYNIE, COMPTROLLER
GRANGE COUNTY, FL
*
* THE CLOSING AGENT 14/30/2006 10799:25 AN
41.N. SUMMERLIN AVE
ORI IDO, Fl. $2801 REC FEE 188.56
‘This document was prepared by:
APEX LENDING, INC.
10300 49TH STREET N.
CLEARWATER, FLORIDA 33752
Q@:OANO issue Above This Line For Recording Data]}—£ ———————
MORTGAGE
MIN 100021299001627232
CORPORATION
THIS MORTGAGE 18 GIVEN TO THE FLORIDA HOUSING FINANCE
NT TO SECTIO NS 199.18 3, 420.513(1),
AND IS EXEMPT FROM TAXATION PURSUA
FLORIDA STATUTES.
DEFINITIONS
other words are defined in Sections
Words used in multiple sections of this document are defined below and
in this document are also provided
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used
in Section 16.
(A) "Security Instrument" means this document, which isdated
November 8, 2006 /
together with all Riders to this document
(B) "Borrower" is
ay
MECHELEECARRINGTON SUNWARBIED?
4 /
Borrower is the mortgagor under this Security Instrument. ratiothat nis
Mortgage Electronic Registration Systems, Inc, MERS is a separate corpo
a
”s successors and assigns. MERS is the mortgag ee under
acting solely as a nominee for Lender and Len e, and has an address
and existing under the laws of Delawar
this Security Instrument. MERS is organi
and telephone number of P.O, Box 2026, Fli M 48501-2026, tel. (888)679-MERS.
(D) "Lender" is
ht
00162723
MENT WITH MERS Form 3010 1/01
FLORIDA-Single Family-Fannle Mae/Freddle Mac UNIFORM INSTRU
GZ, oA(FL) (0006).01
Page 10116 ws1 HOD
\VMP MORTGAGE FORMS - (800)621-7281
Lender isa CORPORATION
orga niunder
and existing ze thedlaws of THE STATE OF FLORIDA
Lender ’s addres s is 10300 49TH STREET N.
CLEARWATER, FLORIDA 33752
(E) "Note" means the promis: sory note signed by Borrower and dated November
8, 2006
owes Lender NInet 'y-Two Thousa nd, Seven Hundred
"The Note states that Borrower === were
Twenty-Seven and NO/100/<=-<------n---n-=-nennnnnn Dollars
/ ) plus interest. Borrower has promised to pay i s debt in regular Periodic
US.$ 92,727.00
the ts
debt in full not later than December 1, 2036 .
Paym en
and to pay
the heading "Transf er of Rights in the
®) "Property" means the property that is described. below under
charges and late charges:
(G) "Loan" means the debt evidencéd by the Note, plus interest, any prepayment
nt, plus interest.
due under the Note, and all sums due under this Security Instrume
Borrower. The following
(H) "Riders" means all Riders to this Security Instrument that are executed by
Riders are to be executed by Borrower [check box as applicable):
Second Home Rider
[1 Adjustable Rate Rider Condominium Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly Payment Rider Other(s) ify]
TAX EXEMPT FINANCING RIDER
@ “Applicable Law" means all controlling applicable federal, state and local statutes, Tegulations,
as well as all applicable final,
ordinances and administrative rules and orders (that have the effect of law)
non-appealable judicial opinions.
means all dues, fees, assessments and other
(JD) "Community Association Dues, Fees, and Assessments"
association, homeowners
charges that are imposed on Borrower or the Property by a condominium
association or similar organization.
a transaction originated by check,
(K) "Electronic Funds Transfer" means any transfer of funds, other than
c terminal, telephonic instrument,
draft, or similar paper instrument, which is initiated through an electroni
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includ but is notes, limited to, point-of- sale transfers, automated teller machine
wire transfers, and automate d clearing house transfers.
transactions, transfers initiated by telephone ,
(L) "Escrow Items' " means those items that are described in Section 3.
"Miscellaneous Proceeds" means anycompensation, settlement, award of
damages, or proceeds paid by
s describe d in Section 5) for: (i)
any third party (other than insurance proceeds paid under the coverage
tion or other taking of all or anypart of the Property;
damage to, or destruction of, the Property; (ii) condemna
(iii) conveyance in lieu of condemna tion; or (iv) misrepres entations of, or omissions as to, the value and/or
condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the
nonpayment of, or default on, the
for (i) principal and interest under the
(0) “Periodic Payment" means the regularly scheduled amount due
Note, plus (ii) any amounts under Section 3 of this Security Instrume nt.
00162723 Initiats: 4 @
ZD,eAtFL) (0008).01 Page 20f 16 Form 3010 1/04
(P) "RESPA" means the Real Estate jement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
from time to time,
as they might be
hs st
implementi , Regulation X (24 CFR. Part 3500), ame
legisla tion or re;sgulation that governs the t h e same sul ibject matter, As used in this
or any addit itional or success or in regard to a
ity Instrument, "RESPA" refers to all
a mortgage loan"
not qualify as
"federally related mortgage loan" even if the Loan does
under RESP,
that has taken title to the Property, whether or not
Borrower" means any
@ “Successor in Interest of r’s
that party has Borrowe obligations under the lote and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
the Loan, and all renewals, extensions and
This Security Instrument secures to Lender: (i) the repayment of
B orrower’s covenants and agreements under this
modifications of the Note; and (ii) the performance of
B jorrower does hereby mortgage, grant and convey to
Security Instrument and the Note. For this purpose, s) and to the successors and assigns
Lender and Lender’s successors and assign
MERS (solely as nominee for [Type of Recording Jurisdiction]
in the COUNTY +
of MERS, the following described property located -
[Name of Recording Jurisdiction]:
of ORANGE
Parcel ID Number: which currently has the address of
{Street]
5325 CURRY FORD ROAD #C101
(City], Florida 32812 [Zip Code}
ORLANDO
("Property Address"):
ER
THall
TOGEWITH the hereafter erected on the property, and all easements,
now or ents
improvem
ances, and fixtures now or a partof the , All replacements. and additions shall also
joins js referred to in this Security Instrument as the
be co wered by this Security Instrument. All of that
.”" Borrower understands and agrees
if
the
necessary to
fo
S ids only legal title to the interests
comply with Jaw or custom, (as nominee for
Borrower in this Security Instru ment, but, interest s, including,
assigns)
i g n s ) has the right: to exercise any or all of those
Lend er's successors and
and Lender ; and to take any actio n requi
but not limited to, the right to foreclose and sell the
Security Instrument.
including, but not limited to, releasing and canceling this
00162723 Initiale: f
Page Sol 16 Form 3010 1/01
Zp SALFL) (0008).01
conveyed and has
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby
Property and that the Property is unencumb ered, except for
the right to mortgage, grant and convey the against all
warrants and will defend generally the title to the Property
encumbrances of record. Borrower
claims and demands, subject to any encumbrances of
use and non-uniform
THIS SECURITY INSTRUMENT combines u niform covenants for national
jurisdiction to constitute a ul niform. security instrume nt covering real
covenants with limited variations by
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1, Payment of Principal, Interest, Escrow Items, Prepaym
ent Charges, and Late Charges.
of, and interest on, the debt evidenced by the Note and any
Borrower shall pay when due the principal
also pay funds for Escrow Items
prepayment charges and late charges due under the Note. Borrower shall
be made in U.S..
pursuant to Section 3, Payments due under the Note and- this Security Instrument shall
as payment under the Note or this
currency. However, if any check or other instrument received by Lender ent payments
require that any or all subsequ
Security Instrument is returned to Lender unpaid, Lender may forms, as selected
one or more of the followi ng
due under the Note and this Security Instrument be made in s check,
check, bank check, treasure r’s check or cashier'
by Lender: (a) cash; (b) money order; (c) certified
. federal agency,
deposits are insured by a
provided any such check is drawn upon an in stitution whose
instrumentality, or entity; or (@ Electronic Funds Transfer.
designated in the Note or at
Payments are deemed received by Lender when received at the location
in accorda nce with the notice provisions in Section 15.
such other location as may be designated by Lender
Lender may return any paymen t paymentit if the payment
Preview
Filing #56337883 E-Filed 05/11/2017 05:58:02 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION U.S. BANK NATIONAL ASSOCIATION, Plaintiff, Case#: -VS.- MICHELLE CARRINGTON, GROVE PARK CONDOMINIUM ASSOCIATION, INC, FLORIDA HOUSING FINANCE CORPORATION , CITY OF ORLANDO, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA , UNKNOWN TENANT IN POSSESSION 1, UNKNOWN TENANT IN POSSESSION 2, UNKNOWN SPOUSE OF MICHELLE CARRINGTON, Defendant(s). VERIFIED COMPLAI ERED ——__ x—_— a——e— e—e—SE NT TO FORECLO MORTGA E——e ee GE Plaintiff, U.S. BANK NATIONAL ASSOCIATION, sues the Defendant(s) MICHELLE CARRINGTON, GROVE PARK CONDOMINIUM ASSOCIATION, INC, FLORIDA HOUSING FINANCE CORPORATION , CITY OF ORLANDO, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA , UNKNOWN TENANT IN POSSESSION 1, UNKNOWN TENANT IN POSSESSION 2, UNKNOWN SPOUSE OF MICHELLE CARRINGTON, and states: COUNTI MORTGAGE FORECLOSURE 1 This is an action to foreclose a mortgage on real property located in ORANGE County, Florida and by reason thereof the venue for this matter is in ORANGE County, Florida. 2. MICHELLE CARRINGTON executed and delivered a Promissory Note (“Note”) dated November 8, 2006 and MICHELLE CARRINGTON executed and delivered a Mortgage dated November 8, 2006 securing payment of the Note. The Mortgage was recorded on November 30, 2006, in Official Records Book 8991, at page 3561, of the Public Records of Page 1 of 6 Firm File#16-01989-1 ECEIVE MAY +11 2017 ee ORANGE County, Florida, and mortgaged the real property ("Property") described therein. References made herein to “Borrower” refers to the individual(s) executing the Note; “Mortgagor” refers to those executing the Mortgage. True and correct copies of said Note and Mortgage, are attached hereto as Exhibit "A" and Exhibit "B" respectively. 3, The Mortgage recorded on November 30, 2006, in Official Records Book 8991, at page 3561, of the Public Records of ORANGE County, Florida, was subsequently modified by an unrecorded Loan Modification Agreement effective October 1, 2015 which is attached as Exhibit “C.” 4 The described subject Mortgage was subsequently assigned to Plaintiff. Copies of the relevant Assignments of Mortgage are attached as Composite Exhibit “D.” 5 Plaintiff or Plaintiffs Attorney is in physical possession of the Note endorsed in blank which is the subject of this action and therefore, Plaintiff is the holder of that Note. 6. The Mortgage was a purchase money mortgage was given to secure a loan for the acquisition of the Property. The Mortgage is superior in dignity to any prior or subsequent right, title, claim, lien or interest of the Defendants named herein or any person claiming by, through or under said Defendants since the institution of this suit. 7 Defendants, Michelle Carrington, is/are the current owner(s) of the real property which is the subject of the Mortgage. 8 There has been a default in the payment of the amounts due under the Note and Mortgage in that the payment due for March 1, 2016 and all subsequent payments have not been made. Page 2 of 6 Firm File#16-01989-1 9. Plaintiff has and hereby declares the full amount payable under the Note and Mortgage to be due and payable. 10. All conditions precedent to filing of this action have been performed or have occurred. 11. Borrower(s), as maker(s) of the Note, may be held personally liable for a deficiency, if any, unless Borrower(s) has/have discharged the subject debt in bankruptcy, in which event no deficiency is or will be sought. 12. There is now due and owing the principal sum of $66,721.90, together with a deferred principal balance of $28,692.68 pursuant to contractual terms of the loan modification agreement(s) attached hereto as Exhibit “C”, together with all sums that may be due for interest, taxes, insurance, escrow advances as may be allowed by this Court. 13. Defendants, UNKNOWN TENANT IN POSSESSION 1 and UNKNOWN TENANT IN POSSESSION 2, are joined by virtue of any right, title or interest said Defendants may claim as tenants in the property pursuant to a lease agreement, either written or oral. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. 14. Defendant, UNKNOWN SPOUSE OF MICHELLE CARRINGTON, is joined by virtue of any right, title or interest said Defendant may claim by virtue of marriage to Defendant, MICHELLE CARRINGTON, and/or by virtue of joining in and executing the subject Mortgage. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. 15. Defendant, GROVE PARK CONDOMINIUM ASSOCIATION, INC, is joined by virtue of any right, title or interest said Defendant may claim under FS. §§ 718.116 and/or 720.3085 or pursuant to the association's declaration or other covenants. Page 3 of 6 Firm File#16-01989-1 16. The Defendant(s), CITY OF ORLANDO, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, has or claims to have an interest in the aforesaid property by reason of that certain lien recorded in Official Records Book 10823, at page 5227, of the public records of Orange County, Florida, however, any right title, interest or claim of said Defendant(s) in and to said property is subordinate in time and inferior in right to the rights, powers and privileges of the Plaintiff herein, and Plaintiff's Mortgage is superior in time and right to any and all rights, title and interest claimed by said Defendant(s). 17. The Defendant(s), CITY OF ORLANDO, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA , has or claims to have an interest in the aforesaid property by reason of that certain lien recorded in Official Records Book 11012, at page 4756, of the public records of Orange County, Florida, however, any right title, interest or claim of said Defendant(s) in and to said property is subordinate in time and inferior in right to the rights, powers and privileges of the Plaintiff herein, and Plaintiff's Mortgage is superior in time and right to any and all rights, title and interest claimed by said Defendant(s). 18. The Defendant(s), CITY OF ORLANDO, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, has or claims to have an interest in the aforesaid property by reason of that certain Mortgage recorded in Official Records Book 8991, at page 3594, of the public records of Orange County, Florida, in the original amount of $19,991.00, however, any right title, interest or claim of said Defendant(s) in and to said property is subordinate in time and inferior in right to the rights, powers and privileges of the Plaintiff herein, and Plaintiff's Mortgage is superior in time and right to any and all rights, title and interest claimed by said Defendant(s). Page 4 of 6 Firm File#16-01989-1 19. The Defendant(s), FLORIDA HOUSING FINANCE CORPORATION , has or claims to have an interest in the aforesaid property by reason of that certain Mortgage recorded in Official Records Book 8991, at page 3583, of the public records of Orange County, Florida, in the original amount of $25,000.00, however, any right title, interest or claim of said Defendant(s) in and to said property is subordinate in time and inferior in right to the rights, powers and privileges of the Plaintiff herein, and Plaintiff's Mortgage is superior in time and right to any and all rights, title and interest claimed by said Defendant(s). WHEREFORE, Plaintiff respectfully requests that this Court enter judgment foreclosing the Mortgage; and (a) enumerating all amounts this Court determines due to Plaintiff pursuant to said Note and Mortgage and outstanding principal, interest, escrow advances (b) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or in part; (c) adjudging that the right, title and interest of any party claiming by, through, under or against any Defendant named herein be deemed inferior and subordinate to the Plaintiff's Mortgage lien and forever be barred and foreclosed; (d) retaining jurisdiction of this Court in this action to make any and all further orders and judgments as may be necessary and proper, including issuance of writ of possession and the entry of a deficiency judgment if the proceeds of the sale are insufficient to pay Plaintiff’s claim (no deficiency judgment shall be sought against those parties who have discharged the debt in bankruptcy pursuant to the provisions of the Bankruptcy Code 11 U.S.C. Section 101, et seq. or where a bankruptcy court only granted Plaintiff or its predecessors-in-interest in rem relief from the bankruptcy automatic stay; and, (e) Page 5 of 6 Firm File#16-01989-1 for such other and further relief as this Court may deem just and proper. VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief, and that I am authorized to make this Verification of Complaint by U.S. Bank National Association. Signature: Name: Title: Date: 5/27 State of Kentucky County of Daviess The foregoing instrument was subscribed and sworn to before me this 5/2/\7_, by Judy G Thompson, Assistant Vice President of U.S. Bank National Association, afederally-chartered banking association, on behalf of U.S. Bank National Association. (seal) (Signat of not sss sases State At Large ms % YANEQUAL BYRNE (title or rank) NOTARY PUBLIC - KENTUCKY ‘STATE-AT-LARGE My Comm, Expices 01/23/2021 S 22 ( IC ) (Serial number, if any) &s *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: MRService@mccalla.com - DATED:. McCalla Raymer Leibert Pierce, LLC Attorneys for Plaintiff 225 E. ROB on St. Suite 155, Orlando, FL 32801 hone: Telep! (407) 67: 4-858 Fax:(321) 248-0420 Email; MRS@rvice@ com gi By CX ins, Esq. VY Jessica . Bar Number 92474 40053992 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. Page 6 of 6 Firm File#16-01989-1 EXHIBIT A NOTE MIN# 100021299001627232 ORLANDO FLORIDA November 8, 2006 {City] [State] [Date] 5325 CURRY FORD ROAD #C101, ORLANDO, FL 32812 [Property Address] 1, BORROWER’S PROMISE TO PAY t "Principal”), is called (this amoun 92,727.00 In return for a loan thatI have received, I promise to pay U.S. $ plus interest, to the order of the Lender. The Lender is APEX LENDING, ING. order. I will make all payments under this Note in the form of cash, check or money the Len der may transffer this Note. The Lender or anyone whoi takes this Note by transfer and who is entitled Lunderstand that to receive payments under this Note is called the "Note Holder." 2. INTEREST Principal has been paid. I will pay interest at a yearly rate Interest will be charged on unpaid principal until the full amount of of 6.1000 %, any default described in Section 6(B) of ‘The intere st d by this Section 2 is the rate I will pay both before andahter rate require this Note. . PAYMENTS (A) Time and Place of Payments I will pay principal and interest by makaing payment every month. day of each month beginning on January 1, 2007 Twill I will make my monthl y paymen t on the 1st the principal and interestand any other charges describ ed below that I make these payments every month until I have paid all of to interest before will be applied as of its scheduled due date and will be applied may owe under this Note. Each monthly payment , I still owe amounts under this Note, I will pay those amounts in full on Principal. If,on December 1, 2036 " that date, which is called the "Maturity Date. 1 will make my monthly payments at "40300 49TH STREET N. 33752 or at a diff eren place tby the Note Holder. if required CLEARWATER, FLORIDA (B) Amount of Monthly Payments My monthly payment will be in the amount of US. $ 561.92. 4, BORROWER’S RIGHT TO PREPAY they are due. A payment o! f Principal only is known as a Ihave the right to make payments of Principal at any time before so, I may not designa te a payment in writing that I am doing "Prepayment." When I make a Prepayment, I will tell the Note Holder as a Prepay if I havemen tall the monthly payments due under the No fote. not made Holder will use my I may make a full Prepaym ent or partial Prepayments without paying a Prepayment charge. The Note Ne lote. However, the Note Holder may apply my Prepayment to Prepayments to reduce the amount of Principal that I owe under this ent to reduce the Princip al amount of the lying my Prepaym the accrued and unpaid interest on the Prepayment amount, before appl the due date or in the amount of my monthly payment unless the Note. If I make a partial Prepayment, there will be no changes in Note Holder agrees in writing to those changes. 00162723 eddie Mac UNIFORM INSTRUMENT FLORIDA FIXED RATE NOTE-Single Family-Fannle Mae/Fr @, Page tots ‘SN({FL) (0008) Form 3210 1/01 MP MORTGAGE FORMS - (800)621-7204 Initiate: IA 5, LOAN CHARGES or other -is finally interpreted so that the interest If a law, which applies to this Joan and whic! h sets maximum loan charges, exceed the permitted limits, then: (a) any such loan charge Joan charges collected or to be collected in connec tion with this loan limit; and (b) any sums already collected from me charge to the permitted shall be reduced by the amount necessary to reduce the d permitte d limits will be refu inded to me, The Note Holder may choose to make this refund by reducing the which exceede me. If a refund reduces Principal, the reduction will be treated as Principal I owe under this Note or by making adirect payment to a partial Prepayment. 6. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments t by the end of FI fteen calendar days If the Note Holder has not received the full amount of any monthly paymen will be 5.0000 % of amount of the charge after the date it is due, I will pay a late charge to the Note Holder. The promptly but only once on each late payment, my overdue payment of principal and interest. Iwill pay this late charge (B) Default it is due, I will be in default. If I do not pay the full amount of each monthly payment on the date (C) Notice of Default me that if I do not pay the overdue amount by a If I am in default, the Note Holder may send me a written notice telling pay immediately the full amou nt which has not been paid and all the of Principal certain date, the Note Holder may require me to on which the notice is mailed to me or delivered ston that amoThat I owe unt must be at least 30 days date . after the date intthat ere by other means. - (D) No Waiver By Note Hol der above, Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described default at a later time. the Note Holder will still have the right to do so if I am in () Payment of Note Holder’s Costs and Expenses d above, the Note Holder will have the right to be If the Note Holder has required me to pay immediately in full as describe not pro hibited by applicable law. Those paid back by me for all of its costs and expenses in enforcing this Note to the extent expenses include, for example, reasonable attorneys’ fees. 7, GIVING OF NOTICES Unless applicable law requiizes a different method, any notice that must be given to me under this Note will be given by y Address above or at a different address if I give the Note delivering it or by mailing it byfirst class mail to me at the Propert Holder a notice of my different address. will be given by delivering it or by mailing it by first class Any notice that must be given to the Note Holder under this Note or at a different address if I am given a notice of that different mail to the Note Holder at the address stated in Section 3(A) above address, 8, OBLIGATIONS OF PERSONS UNDER THIS NOTE made in this ly obligated to keep all of the promises If more than one person signs this Note, each person is fully and personal of this Note is also person who is a guarantor, surety or endorser Note, including the promise to pay the fall amount owed. Any ons of a guaranto r, surety or obligations, including the obligati obligated to do these things. Any person who takes over these Note Holder may enforce its rights under es madfe in this Note, The endorser of this Note, is also obligated to keep all of the promis one of us may be required to pay all of this Note against each person individu allyall of us together.‘This means that any or against the amounts owed under this Note. 9, WAIVERS the rights of Presentment and Notice of Dishonor. I and any other person who has ol bligations under this Note waive r" means the “Presentment” means the right to require theNote Holder to demand payment of amounts due. “Notice of Dishono amounts due have not been paid. right to require the Note Holder to give notice to other persons that 00162723 Form 3210 1/01 Page 2013 Initials: Zp sneF L) (0008) 10. UNIFORM SECURED NOTE tions. In addition to the protections given to the This Note is a uniform instrument with limitted variations in some jurisdic y Instrument”), dated the same date as this Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Securit not keep the promises which I-make in this Note. Note, protects the Note Holder from possible losses which might result if 1 do ate payment in full of all be require dto make immedi That Security Instrument describes how and under what conditions I may as follows: amounts I owe under this Note. Some of those conditions are described Tf all or any part of the Propertyor any Interest in the Property is sold or transferred (or if Borrower is not a without Lender’s prior written consent, natural person and a beneficial interest in Borrower is sold or transferred) payment in full of all sums secured by this Security Instrument. However, this Lender may require immediate e Law. option shall not be exercised by Lender if such exercise is prohibited by Applicabl Lender shall give Borrower notice of accelerat ion. The notice shall provide Tf Lender exercises this option, with Section 15 within which a period of not less than 30 days from the date the notice is given in accordance Borrower fails to pay these sums prior to the Borrower must pay all sums secured by this Security Instrument. If ent without further this Security Instrum expiration of this period, Lender may invoke any remedies permitted by notice or demand on Borrower. KEK TK HAINEE AX DO LOE MANDO,ppuakbiornedh a okrp a ya ces anata chiestn dobcoicleas "beset MS OUINILONERATY XMOIUOONIT WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED — i ge MICHELLE CARRINGTON/ (Seal) ~Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower Borrower {Sign Original Only] 00162723 Page ao! 3 Form 3210 1/01 Dy, BNFL) (0008) ALLONGE TO NOTE e is For purposes of further endorsement of the following described Note, this Allong affixed and becomes a permanent part of said Note: Date ulg¢l2006 Loan Number 00162723 Note Date ti] ¢/3006 Original Note Amount: 93,729.00 Borrower(s) Name(s): MICHELLE CARRINGTON Property Address: 5325 CURRY FORD ROAD, #C-101 ORLANDO, FL 32812 Pay to the order of US Bank, N.A Without Recourse APEX LENDING, INC. (Correspondent Name) fy (Signat Pay to ro. pe een SKIP BATTAGLIA Typed Name) Bs. eee EXECUTIVE VICE PRESIDENT FO fe) EXHIBIT B CARICA ACMA A INSTR 208060779404 ‘Retum To: OR BK @8991 PG 3561 PGS=2e TURN TO:, MARTHA QO. HAYNIE, COMPTROLLER GRANGE COUNTY, FL * * THE CLOSING AGENT 14/30/2006 10799:25 AN 41.N. SUMMERLIN AVE ORI IDO, Fl. $2801 REC FEE 188.56 ‘This document was prepared by: APEX LENDING, INC. 10300 49TH STREET N. CLEARWATER, FLORIDA 33752 Q@:OANO issue Above This Line For Recording Data]}—£ ——————— MORTGAGE MIN 100021299001627232 CORPORATION THIS MORTGAGE 18 GIVEN TO THE FLORIDA HOUSING FINANCE NT TO SECTIO NS 199.18 3, 420.513(1), AND IS EXEMPT FROM TAXATION PURSUA FLORIDA STATUTES. DEFINITIONS other words are defined in Sections Words used in multiple sections of this document are defined below and in this document are also provided 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in Section 16. (A) "Security Instrument" means this document, which isdated November 8, 2006 / together with all Riders to this document (B) "Borrower" is ay MECHELEECARRINGTON SUNWARBIED? 4 / Borrower is the mortgagor under this Security Instrument. ratiothat nis Mortgage Electronic Registration Systems, Inc, MERS is a separate corpo a ”s successors and assigns. MERS is the mortgag ee under acting solely as a nominee for Lender and Len e, and has an address and existing under the laws of Delawar this Security Instrument. MERS is organi and telephone number of P.O, Box 2026, Fli M 48501-2026, tel. (888)679-MERS. (D) "Lender" is ht 00162723 MENT WITH MERS Form 3010 1/01 FLORIDA-Single Family-Fannle Mae/Freddle Mac UNIFORM INSTRU GZ, oA(FL) (0006).01 Page 10116 ws1 HOD \VMP MORTGAGE FORMS - (800)621-7281 Lender isa CORPORATION orga niunder and existing ze thedlaws of THE STATE OF FLORIDA Lender ’s addres s is 10300 49TH STREET N. CLEARWATER, FLORIDA 33752 (E) "Note" means the promis: sory note signed by Borrower and dated November 8, 2006 owes Lender NInet 'y-Two Thousa nd, Seven Hundred "The Note states that Borrower === were Twenty-Seven and NO/100/<=-<------n---n-=-nennnnnn Dollars / ) plus interest. Borrower has promised to pay i s debt in regular Periodic US.$ 92,727.00 the ts debt in full not later than December 1, 2036 . Paym en and to pay the heading "Transf er of Rights in the ®) "Property" means the property that is described. below under charges and late charges: (G) "Loan" means the debt evidencéd by the Note, plus interest, any prepayment nt, plus interest. due under the Note, and all sums due under this Security Instrume Borrower. The following (H) "Riders" means all Riders to this Security Instrument that are executed by Riders are to be executed by Borrower [check box as applicable): Second Home Rider [1 Adjustable Rate Rider Condominium Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) ify] TAX EXEMPT FINANCING RIDER @ “Applicable Law" means all controlling applicable federal, state and local statutes, Tegulations, as well as all applicable final, ordinances and administrative rules and orders (that have the effect of law) non-appealable judicial opinions. means all dues, fees, assessments and other (JD) "Community Association Dues, Fees, and Assessments" association, homeowners charges that are imposed on Borrower or the Property by a condominium association or similar organization. a transaction originated by check, (K) "Electronic Funds Transfer" means any transfer of funds, other than c terminal, telephonic instrument, draft, or similar paper instrument, which is initiated through an electroni computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includ but is notes, limited to, point-of- sale transfers, automated teller machine wire transfers, and automate d clearing house transfers. transactions, transfers initiated by telephone , (L) "Escrow Items' " means those items that are described in Section 3. "Miscellaneous Proceeds" means anycompensation, settlement, award of damages, or proceeds paid by s describe d in Section 5) for: (i) any third party (other than insurance proceeds paid under the coverage tion or other taking of all or anypart of the Property; damage to, or destruction of, the Property; (ii) condemna (iii) conveyance in lieu of condemna tion; or (iv) misrepres entations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the for (i) principal and interest under the (0) “Periodic Payment" means the regularly scheduled amount due Note, plus (ii) any amounts under Section 3 of this Security Instrume nt. 00162723 Initiats: 4 @ ZD,eAtFL) (0008).01 Page 20f 16 Form 3010 1/04 (P) "RESPA" means the Real Estate jement Procedures Act (12 U.S.C. Section 2601 et seq.) and its from time to time, as they might be hs st implementi , Regulation X (24 CFR. Part 3500), ame legisla tion or re;sgulation that governs the t h e same sul ibject matter, As used in this or any addit itional or success or in regard to a ity Instrument, "RESPA" refers to all a mortgage loan" not qualify as "federally related mortgage loan" even if the Loan does under RESP, that has taken title to the Property, whether or not Borrower" means any @ “Successor in Interest of r’s that party has Borrowe obligations under the lote and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY the Loan, and all renewals, extensions and This Security Instrument secures to Lender: (i) the repayment of B orrower’s covenants and agreements under this modifications of the Note; and (ii) the performance of B jorrower does hereby mortgage, grant and convey to Security Instrument and the Note. For this purpose, s) and to the successors and assigns Lender and Lender’s successors and assign MERS (solely as nominee for [Type of Recording Jurisdiction] in the COUNTY + of MERS, the following described property located - [Name of Recording Jurisdiction]: of ORANGE Parcel ID Number: which currently has the address of {Street] 5325 CURRY FORD ROAD #C101 (City], Florida 32812 [Zip Code} ORLANDO ("Property Address"): ER THall TOGEWITH the hereafter erected on the property, and all easements, now or ents improvem ances, and fixtures now or a partof the , All replacements. and additions shall also joins js referred to in this Security Instrument as the be co wered by this Security Instrument. All of that .”" Borrower understands and agrees if the necessary to fo S ids only legal title to the interests comply with Jaw or custom, (as nominee for Borrower in this Security Instru ment, but, interest s, including, assigns) i g n s ) has the right: to exercise any or all of those Lend er's successors and and Lender ; and to take any actio n requi but not limited to, the right to foreclose and sell the Security Instrument. including, but not limited to, releasing and canceling this 00162723 Initiale: f Page Sol 16 Form 3010 1/01 Zp SALFL) (0008).01 conveyed and has BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby Property and that the Property is unencumb ered, except for the right to mortgage, grant and convey the against all warrants and will defend generally the title to the Property encumbrances of record. Borrower claims and demands, subject to any encumbrances of use and non-uniform THIS SECURITY INSTRUMENT combines u niform covenants for national jurisdiction to constitute a ul niform. security instrume nt covering real covenants with limited variations by UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Escrow Items, Prepaym ent Charges, and Late Charges. of, and interest on, the debt evidenced by the Note and any Borrower shall pay when due the principal also pay funds for Escrow Items prepayment charges and late charges due under the Note. Borrower shall be made in U.S.. pursuant to Section 3, Payments due under the Note and- this Security Instrument shall as payment under the Note or this currency. However, if any check or other instrument received by Lender ent payments require that any or all subsequ Security Instrument is returned to Lender unpaid, Lender may forms, as selected one or more of the followi ng due under the Note and this Security Instrument be made in s check, check, bank check, treasure r’s check or cashier' by Lender: (a) cash; (b) money order; (c) certified . federal agency, deposits are insured by a provided any such check is drawn upon an in stitution whose instrumentality, or entity; or (@ Electronic Funds Transfer. designated in the Note or at Payments are deemed received by Lender when received at the location in accorda nce with the notice provisions in Section 15. such other location as may be designated by Lender Lender may return any paymen t paymentit if the payment