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IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
ORANGE COUNTY
GENERAL JURISDICTION DIVISION
CASE NO. 2017-CA-007834-O
DITECH FINANCIAL LLC FKA GREEN TREE
SERV ONG TC: FILED IN OPEN COURT — lay fis
vs > Clerk, Cir. Ct., Orange Co., *.
JAVIER VELEZ, YARASETTE TOTO By De
LUCIANO, , et. al.
Defendant(s).
/
CERTIFICATION OF BUSINESS RECORDS AFFIDAVIT
STATE OF ARIZONA )
“COUNTY OF MARICOPA)
BEFORE me, personally appeared Annie Gastineau who, being of lawful age and after being
first duly sworn, deposes and says:
1. ‘I anvover the age of 18, competent to testify, and the statements made in this affidavit are
based on personal knowledge based on my review of the applicable business records.
2. Tam employed as a Document Execution Representative of Ditech Financial LLC f/k/a
Green Tree Servicing LLC ("Ditech”). In this capacity I have personal knowledge of the
facts and matters stated herein, and I am authorized to execute this Affidavit on behalf of
Plaintiff.
3. The information contained in this affidavit is contained in the original books and records
maintained by Ditech and the records referenced or summarized herein constitute records or
data compilations ("the Records") of transactions ("the Transactions") relating to the
servicing of the mortgage loan at issue in this foreclosure action.
4. The Records were made at or near the indicated time based on information transmitted by, or
from, a person with knowledge of the Transactions. The Records are kept in the course of
Ditech’s regularly conducted business activity. It is the regular practice of Ditech to make
2017-CA-007834-O Certification of Business Records Page 1
17-074095 - RiW
1400 SEBURN RD
APOPKA Florida 32703
ORANGE- Affidavitthese Records. In the course of my regular job duties I have access to and am familiar with
these Records, and I reviewed and relied upon these Records in executing this Affidavit.
5. To the extent that the Records for the loan in this matter were created by a prior servicer,
those records have been verified for accuracy and incorporated into Ditech’s Records in the
regular course of Ditech’s regularly conducted business activity.
6. True and correct copies of the Records I have reviewed and relied upon in executing this
Affidavit are attached to this Affidavit and incorporated herein.
7. According to the Records, prior to the filing of the Complaint, the Plaintiff was entitled to
enforce the promissory note and mortgage upon which this foreclosure action is based. A true
and correct copy of the original note is attached hereto as Exhibit A. A true and correct copy
of the original mortgage is attached hereto as Exhibit B.
8. According to the Records, the borrower(s) have defaulted pursuant to the terms of the
promissory note and mortgage sued upon, by failing to tender to the Plaintiff the required
payments when due.
9. The borrower(s) were sent a notice of default. A copy of this letter is attached hereto as
Exhibit C.
10. The default has not been cured and the Plaintiff has elected, in accordance with the terms of
the note and mortgage, to accelerate the payment of the entire principal sum, together with
accrued interest. :
11. A true and cotrect copy of the borrower's payment history is attached hereto as Exhibit D.
12. Based on the Records reviewed and attached hereto, there is now due and owing to the
Plaintiff upon said note and mortgage the following attached amounts. A true and correct
copy of the Records showing the amounts due and owing is attached hereto as Exhibit E.
2017-CA-007834-O Certification of Business Records Page 2
17-074095 - RiW
1400 SEBURN RD
APOPKA Florida 32703
ORANGE- Affidavit13. On account of the default of the borrower(s) under the note and mortgage sued upon herein,
Ditech retained its attorney of record and authorized the filing of this action. Further, Ditech
has agreed to be bound and obligated itself to pay said attorney for his/her services such sum
as the Court shall adjudge to be reasonable.
Ditech Financial LLC fka Green Tree Servicing LLC
Zs y Date: Mew 3l,Zolg—
Name: Annie Gastineau
Title: Document Execution Representative
The foregoing instrument was subscribed and sworn to (or affirmed) before me this 31st
day of May, 2018, by Annie Gastineau as Document Execution Representative for Ditech
Financial LLC fka Green Tree Servicing LLC. Said person is personally known to me.
2017-CA-007834-O
17-074095 - Riw
Notary Public
My Commission Expires: 11/19/2021
ASH
A .
Maricopa Count ron
'y Commission Ex,
November 19, aut
Lo
novany PASKA
Certification of Business Records Page 3
1400 SEBURN RD
APOPKA Florida 32703
ORANGE- AffidavitFlorida
‘THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS
INDEBTEDNESS.
. Suly 22, 2015 Englewood, Colorado
[Date] . (City) ~ [State)
1400 SEBURN RO, Apopka, FL 32703
[Property Address]
1. PARTIES *
means Loan Simple, Inc., a Corporation
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
. In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED SIXTY
NINE THOUSAND SEVEN HUNDRED SIXTY SEVEN AND NO/100*********ssseesseeeeseesses Dollars
(U.S. $169,767.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the
date of disbursement of the loan proceeds by Lender, at the rate of FOUR AND ONE-HALF - percent
(_ 4.500% ) per year until the full amount of principal has been paid. ‘
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage. deed of trust or similar security instrument that is dated the
same date as this Note and called the "Security instrument.” The Security Instrument protects the Lender from losses
which might result If Borrower defaults under this Note.
4, MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the 1st day of each month
beginning on September 1, 2015. Any principal and interest remaining on the 1st day of
aoa 2045 _ Will be due on that date, which is called the “Maturity Date.”
(B) Place
Payment shall be made at 9635 Maroon Circle, Suite 100
Englewood, CO 80112
or at such place as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $860.18. . This amount
will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest
and other items in the order described in the Security Instrument.
{D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shall be incorporated into and shail amend and supplement the covenants of this Note as if the allonge were
a part of this Note.
{Check applicable box} ( Graduated Payment Atlonge © Growing Equity Atlonge
© other [specify] .
5. BORROWER'S RIGHT TO PREPAY
Borrower has 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 Borrower makes a Prepayment, Borrower will'tell the
Lender In writing that Borrower Is doing so. Borrower may not designate a payment as a Prepayment if
‘Borrower has not made all the monthly payments due under the Note.
Borrower may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The
Lender will use the Prepayments to reduce the amount of Principal that Borrower owes under this Note.
However, the Lender may apply the Prepayment to any accrued and unpaid interest.on the Prepayment
amount before applying the Prepayment to reduce the Principal amount of the Note. If Borrower makes a
partial Prepayment, there will be no changes In the due date or in the amount of the monthly payment unless.
the Lender agrees In writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments:
IfLender has not received the full monthly payment required by the Security instrument, as described in’
of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charg
of FOUR Percent ( 4.000 % ) of the overdue amount of each
FHA Florida Fixed Rate Note - 10/95 * Initiats:
Elle Mae, Inc. i Page 1 of 2 f
i :
‘ USL Be 712212015 42:* (8) Default |
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of
the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment
in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations.
As used in this Note, “Secretary” means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required Inimediate payment in full, as described above; Lender may require Borrower to pay costs
* and expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited
by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal
of this Note,
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. “Presentment” means the right to require Lender to demand payment of amounts due. “Notice of dishonor”
means the right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES :
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will
be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different
address if Borrower has given Lender a notice of Borrower's different address. :
* Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address
stated in Paragraph 4(8) or at a different address if Borrower is 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, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender
may enforce its rights under this Note against each person individually or against all signatories together. Any one person
signing this Note may be required to pay all of the amounts owed under this Note.
BY SIGNING BELO} ower accepts and agrees to the terms and covenants contained in this Note. .
. (Seal)
JAYIER ,
'
Lender: Loan Simple, \nc.
NMLS (D: 3032
Loan Originator: Thomas B Flood : \
NMLS 1D: 170808
FHA Florida Fixed Rate Note 10/95
Ete Mae, nc, Page Za
ExhibitALLONGE TO NOTE
LOAN NUMBER:
LOAN AMOUNT: 169,767.00
PROPERTY ADDRESS: 1400 Seburn Rd,Apopka, FL 32703
ALLONGE TO NOTE DATED July 22 2015
IN FAVOR OF LOAN SIMPLE INC and a Corperation.
AND EXECUTED By Javier Velez
PAY TO THE ORDER OF
Dita Merge Corp
WITHOUT RECOURSE LOAN SIMPLE INC anda Corperation.
BY:
DES
——SS—=
TITLE: CFO
NATH.
1,
to the order of
gresn Tree Servicing LLC
Autho}
Ditech
ithout Recourse
Allison Piree_
ized Signor—____—_—___
MERATDIt A
Pay to the order of
Without Recourse
Allison Piree
Authorized Person
+ Green Tree Servicing LLCB: 10958 P: 2847
07/28/2015 09:30 AM. Page 1 of 9
Rec Fee: $78.00
Deed Doc Tax: $0.00
Mortgage Doc Tax: $594.30
Intangible Tax: $339.53
Martha O. Haynie, Comptroller
Orange County, FL
Ret To: SIMPLIFILE LC
When recorded, return to:
Loan Simple, inc.
Attn: Final Document Department
9635 Maroon Circle, Suite 100
Englewood, CO 80112
This document was prepared by:
Gail M. Naef
Loan Simple, Inc.
9635 Maroon Circle #100
Englewood, CO 80112
303-565-2652
=)
=>
SED
er
0
a ee
State of Florida MORTGAGE
MERS PHONE #: 1-888-679-6377
THIS MORTGAGE (‘Security Instrument’) is givenon July 22, 2015. ‘The Mortgagor is
JAVIER VELEZ AND YARASETTE TORO LUCIANO, HUSBAND AND WIFE.
whose address is 545 GARBERIA DR, Davenport, FL 33837
(Borrower),
“MERS" is Mortgage Electronic Registration Systems, Inc. MERS Is a separate corporation that Is acting solely as a
nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument.
MERS is organized and existing under the taws of Delaware, and has an address and telephone number of P.O. Box
2026, Flirt, Michigan 48501-2026, tel. (888) 679-MERS,
Loan Simple, inc., a Corporation
(Lender? is organized and
existing under the laws of Colorado,
and has an address of 9635 Maroon Circle, Sulte 100, Englewood, CO 80112.
Borrower owes Lender the principal sum of ONE HUNDRED SIXTY NINE THOUSAND SEVEN HUNORED SIXTY.
SEVEN AND NOMQ0***s*eeseerevsereccetrveerseseceueees Dollars (US, $169,767.00 )
This debt is evidenced by Borrower's note dated the same date as this Security Instrument (“Note”), which provides for
monthly payments, with the full debt, if not paid earlier, due and payable on August 1, 2045, This
Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all
renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, a
paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's
agreements under this Security instrument and the Note. For this purpose, Borrower does hereby mortgage,
FHA Florida Mortgage - 4/96 Initials:
Elle tae. Inc, Page 1 of 6 A
Exhibi
‘RECORDED ELECTRONICALLY
County
Time
impliflecom 800-160.5657
When recorded, return to:
Loan Simple, Inc.
Attn: Final Document Department
9635 Maroon Circle, Suite 100
Englewood, CO 80112
‘This document was prepared by:
Gall M. Naef
Loan Simple, inc.
9635 Maroon Circle #100
Englewood, CO 80112
303-565-2652
a tycoon Rec Do
* State of Florida MORTGAGE
MERS PHONE #: 1-888-679-6377
. : *
7
THIS MORTGAGE ("Security Instrument’) Is givenon July 22, 2015. The Mortgagor is
JAVIER VELEZ AND YARASETTE TORO LUCIANO, HUSBAND AND WIFE -
whose address Is 545 GARBERIA DR, Davenport, FL 33837
(‘Borrower’).
“MERS" Is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a
nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument.
MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box
2026, Flint, Michigan 48501-2026, tel. (888) 679-MERS.
Loan Simple, Inc., a Corporation
(‘Lender’) is organized and
existing under the laws of Colorado,
and has an address of 9635 Maroon Circle, Sulte 100, Englewood, CO 80112.
Borrower owes Lender the princ f ONE HUNDRED SIXTY NINE THOUSAND SEVEN HUNDRED SIXTY
SEVEN AND NO/100* ***** sens eeeseneesen ***** Dollars (U:S._ $169,767.00 iB
This debt is evidenced by Borrawer's note dated the same date as this Security Instrument ("Note"), which provides for
monthly payments, with the full debt, if not paid earlier, due and payable on August 1, 2045. This
Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all
renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, agVa
FHA Florida Mortgage - 4/96
Elle Mae, Inc.* convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MERS, the following described property located in Orange
County, Florida:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS "EXHIBIT A”.
which has the address of 1400 SEBURN RD, Apopka,
([Sueet, City),
Florida 32703 (‘Property Address");
{Zip Code].
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances
and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument, All of the foregoing Is referred to in this Security Instrument as the “Property.” Borrower understands and
agrees that MERS holds only legal title to the interests granted by Borrower In this Security Instrument, but, if necessary
to comply with taw or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take
any action required of Lender Inctuding, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is: unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record,
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
‘4, Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on,
the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment,
together with 'the principal and interest as set forth in the Note and any late ‘charges, a sum for (a) taxes and special
assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and
(c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance
premium to the Secretary of Housing and Urban Development (‘Secretary’), or in any year in which such premium would
have beeri required ‘if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum
for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a
mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined
by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items” and the sums
_ Pald to Lender are called “Escrow Funds.”
Lender may, at any time, collect and hold amounts for Escrow items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 12 CFR Part 1024, as they may be amended
from time to time ((RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or
disbursements before the Borrower's payments are available in the account may not be based on amounts due for the
mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall
account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time is
not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the
shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower
tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all
installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated
to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure
sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all:
Installments for. items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
1 Eitst, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;
‘Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
Third, to interest due under the Note;
FHA Florida Mortgage - 4/96 Initlats:
Ellie Mae, inc. Page 2 of 6 FL
ExhibitFourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4, Fire, Flood and Other Hazard insurance. Borrower shall insure all improvements on the Property, whether
now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which
Lender requires insurance. This insurance shall be maintained In the amounts and for the periods that Lender requires.
Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against
loss by floods to the extent required by the Secretary. All insurance shail be carried with companies approved by Lender.
The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and
in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of toss if not
made promptly by Borrower. Each insurance company concemed is hereby authorized and directed to make payment
for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds
may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security
Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or
(b) to the restoration ar repair of the damaged Property. Any application of the proceeds to the principal shall not extend
or postpone the due date of the monthly payments which are referred to in paragraph 2, or’change the amount of such
payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note
and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the _
indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days
after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shafl
continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless
Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist
which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not
commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable
Wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default,
Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be
in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements
to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note,
including, but not limited to, representations concerning Borrower's occupancy of the Propefty as a principal residence. If
this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee
title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6, Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby
assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpald under the
Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note
and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to
prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the
monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds
over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid
to the entity tegally entitled thereto. . ' .
7. Charges to Borrower and Protection of Lender’s Rights in the Property. Borrower shall pay all governmental
or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations
‘on time directly to the entity which is owed the payment. if failure to pay would adversely affect Lender's interest in the
Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments.
if Borrower fails to make these payments or the payments required by paragraph 2, or fails.to perform any other cov-
enants and agreements contained in this Security instrument, or there is a legal proceeding that may significantly affect
Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations),
then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property,
including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured
by this Sect Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the
option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion oper-
ate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender
subordinating the llen to this Security Instrument. !f Lender determines that any part of the Property is subject to a lien
which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower
shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary. .
9. Grounds for Acceleration of Debt. :
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment
defaults, require immediate payment in full of all sums secured by this Security Instrument if:
() Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior
to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this
Security Instrument,
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Sectio
Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior aj
, Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
FHA Florida Mortgage - 4/96 . Initials:.,
Ellie Mae, Inc. Page 3 of 6 LER
Exhibit 5(i) All or part of the Property, or a beneficial interest in a trust owning all or part J = — 1s. - or
otherwise transferred (other than by devise or descent), and
(i) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance
with the requirements of the Secretary. .
(c) No Waiver. if circumstances occur that would permit Lender to require immediate payment in full, but Lender
does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's
rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security
Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary.
{e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined
to be eligible for insurance under the Nationa! Housing Act within 60 days from the date hereof, Lender may, at
its option, require immediate payment in full of all sums secured by this Security instrument. A written statement
of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure
this Security Instrument and the Note, shall bé deemed conclusive proof of such ineligibility. Notwithstanding
the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to
Lender's failure to remit a mortgage insurance premium to the Secretary.
40. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of
Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure
proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required
to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument,
foreclosure costs and reasonable and customary attorneys’ fees and expenses properly associated with the foreclosure
proceeding. Upon reinstatement by Borrower, this Security instrument and the obligations that it secures shall remain in
effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if:
(i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately
preceding the commencement of a current forectosure proceeding, (li) reinstatement will preclude foreclosure on different
grounds in the future, or (ii) reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modi-
fication of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest
of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender
shall not be required'to commence proceedings against any successor in interest or refuse to extend time for payment
or otherwise modify'smortization of the sums secured by this Security Instrument by reason of any démand made by the
original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of
this Security Instrument shall bind and benefil the successors and assigns of Lender and Borrower, subject to the provi-
sions of paragraph 9(b). Borrower's covenants and agreements shail be joint and several. Any Borrower who co-signs this
Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and
convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated
to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note .
without that Borrower's consent. 4
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mail-
ing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property
Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by firstclass mail
to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this
‘Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the taw of the
Jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable aw, such conflict shall not affect other provisions of this Security instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the
Note are declared to be severable. t
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,
use, or Storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropri-
ate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law ofwhich Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority,
that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law.
As used inthis paragraph 16, “Hazardous Substances" are those substances defined as toxic or hazardous substances
by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products,
+ toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.
As used in this paragraph 16, “Environmental Law” means federal laws and laws of the jurisdiction where the Property is
located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby\J
tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to 8
FHA Florida Mortgage - 4/96 Initials:
Elle Mae, Inc. Page 4 of 6
ExhibitBorrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents
and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an
absolute assignment and not an assignment for additional security only. - .
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee
for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shail be entitled to
collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid
to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would
prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take contro! of or maintain the Property before or after giving notice of
breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there Is a breach. Any
application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment
of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.
48. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may
foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses Incurred
In pursuing the remedies in this paragraph 18, Including, but not limited to, reasonable attorneys’ fees and costs
of title evidence.
Ifthe Lender's interest in this Security instruments held by the Secretary and the Secretary requires immediate
payment in full under Paragraph 9, the Secretary may Invoke the nonjudicial power of sale provided in the Single -
Family Mortgage Foreclosure Act of 1994 (“Act”) (12 U.S.C. 3751 etseq.) by requesting a foreclosure commissioner
designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the
preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph
18 or applicable law. ‘
19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
20. Attorneys’ Fees. As used in this Security Instrument and the Note, “attorneys’ fees” shall include any attorneys’
fees awarded by an appellate court.
21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement
the covenants and agreements of this Security Instrument as If the rider(s) were a part of this Security Instrument.
[Check applicable box(es)} .
Condominium Rider ° Growing Equity Rider (2) Planned Unit Development Rider .
O Graduated Payment Rider CO Other(s) (specify)
LOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any
by Borrower and recorded with It. :
<] : Ft
T-2D- -l Bean
: DATE
FHA Florida Mortgage - 4/96 Initials; —_______
Eile Mag, Inc. Page 5 of 6 FLEFHADE 0515
: FLEFHADE
(07/22/2015 12:13 PM PST
Exhibit EState of FLORIDA : ‘ County of 2m in ole,
pe foregoing Instrument was acknowledged-before me this 22nd day of JULY, 2015 by JAVIER VELEZ
ETTE TORO LUCIANO. who Islare personally known to me or who has/have produced
as Identi ion.
Signature
Title or Rank seal
' j liyconmuaunte FF 97
Expires 117202018 464s
‘Serial Number,
Lender: Loan Simple, Inc.
NMLS ID: 3032
Loan Originator: Thomas B Flood
NMLS ID: 170808
FHA Florida Mortgage - 4/96
Etle Mae, Inc, Page 6 of 6Exhibit “A”.
Lot 396, EMERSON PARK, according to the Plat thereof as recorded in Plat Book 68, Pages 1 through 17,
inclusive; of the Public Records of Orange County, Florida.
Exhibit BPLANNED UNIT DEVELOPMENT RIDER
THIS PLANNED UNIT DEVELOPMENT RIDER is made this 22nd- day of
July, 2015, and is incorporated into and shall be deemed to amend and
supplement the Mortgage, Deed of Trust or Security Deed (“Security Instrument”) of the
same date given by the undersigned (“Borrower”) to secure Borrower's Note (“Note”) to
Loan Simple, Inc., a Corporation
(‘Lender’) of the same date and covering the Property described in the Security
Instrument and located at:
1400 SEBURN RD
Apopka, FL 32703,
The Property Address is a part of a planned unit development ("PUD") known as
Emerson Park
PUD COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
A. So long as the Owners Association (or equivalent entity holding title to common
* areas and facilities), acting as trustee for the homeowners, maintains, with a
generally accepted insurance carrier, a “master” or “blanket” policy insuring the
property located in the PUD, including all improvements now existing or hereafter
erected on the mortgaged premises, and such. policy is satisfactory to Lender
and provides insurance coverage in the amounts, for the periods, and against
the hazards Lender requires, including fire and other hazards included within
the term “extended coverage,” and loss by flood, to the extent required by the
Secretary, then: (i) Lender waives the provision in Paragraph 2 of this Secu-
rity Instrument for the monthly payment to Lender of one-twelfth of the yearly
premium installments for hazard insurance on the Property, and (ii) Borrower's
obligation under Paragraph 4 of this Security Instrument to maintain hazard
insurance coverage on the Property is deemed satisfied to the extent that the
required coverage is provided by the Owners Association policy. Borrower shall
give Lender prompt notice of any lapse in required hazard insurance coverage
and of any loss occurring from a hazard. In the event of a distribution of hazard
insurance proceeds in lieu of restoration or repair following a loss to the Property
or to common areas and facilities of the PUD, any proceeds payable to Borrower
are hereby assigned and shall be paid to Lender for application to the sums
secured by this Security Instrument, with any excess paid to the entity legally
entitled thereto.
B. Borrower promises to pay all dues and assessments imposed pursuant to the
legal instruments creating and governing the PUD.
C. If Borrower does not pay PUD dues and assessments when due, then Lender
may pay them. Any amounts disbursed by Lender under this parag
become additional debt of Borrower secured by the Security Instrum
Borrower and Lender agree to other terms of payment, these amoyntsbhall bear
interest from the date of disbursement at the Note rate and shall be\payable, with -
interest, upon notice from Lender to Borrower requesting paymen\
FHA Multistate PUD Rider - 10/95 Initlals;
Ellie Mae, inc. . Page 1 of 2BELOW, Borrower accepts and agrees to the terms and provisions
A 4 UL WbSsean
DATE
J-3>- -% 2,
DATE
'E TORO LUCIANO
FHA Multistate PUD Rider - 10/95
Ellie Mae, Inc. Page 2 of 2
Exhibit20170309:285
P.O,Box6172
‘Rapld Gity, SO $7709:6172
Exhibit C03/09/2017
YARASETTE T LUCIANO,
1400 SEBURN RD
Seiit Via Ceitified Mail
an? 1200-3170, 0906 2876 ah
Tii/2016 at a 186: 80
12/01/2016
01/01/2017EMAND . ‘Rev.03/2016:
Exhibit CV_FHA: DEMAND -
ReV03/2016,
led and proof of extension
ull; gas bill, électric bill or
the: homie (alimony, child
Exhibit Cblié assistance, OF
ine, Sich’ as. social security, disability or death betiefits, ‘pension, |
(2) titost
monthly statemeiit if applicable
(Q) Yeats filed federal tax ietiifns. with all schedule’, including Schedule
{ Loss
lope hotline at J
3 taday to learn more about your options and i
F You fall behind oii yoiir paymetits,
Sincerely,
ug at custome?.service@ditech.com:,
ips to Avoid Foreclosure”
Exhibit C20170309:285.
desditegit
JAvI
P.0; Box 6172
Box! , Feet acEeDtganteaDtegtagegtt aA pag fetyette
Id City, SO. $7709:6172 Zz
W_FHA_SEMANDJAVIER VELEZ;
1400 SEBURN RD
Serit Via Certified Mail
4a07 100.4120 G96 za%k ay
‘Youu have Tailed to miike the following
10/01/2016. at “$1,186.80
1iv0i/2616 at $1,186.80
12/01/2016 at $1,186.80
01/01/2017 at ; 0
2/01/2017 at ‘
03/01/2017 at $1, 5186: 30
‘the total amount required to'cure the default is $8,245.26, which consists of the
al Monthly Payiiients Die:-
Exhibit C. 'Rev.03/2016)
Exhibit Ccome such as‘social security, disability oi death, benefits, pension, public assistance, oF
osit: slips; ‘bank. statements, :court
anonthly: statement if applicable
ips to Avoid Foreclosure”
W.FHA DEMAND: (Rev.03/2016,Web History for Account: J
Inv# G20
Prin Bal: 165
Address 1400 SEBURN RD, APOPKA, FL, 32703
Borrowers JAVIER VELEZ
Source
MSP
MSP
MsP
MSP
™MsP
MsP
MSP
MSP
MsP
MSP
™MsP
* "03/03/2018
Tran
Back Date Amount
Tran
Date
05/04/2018 $113.34
04/05/2018 $113.34
$113.34
02/03/2018
01/05/2018 $113.34
12/04/2017 $113.34
41/16/2017 "$2,403.70
4110312017 ‘11304
10/20/2017 $15.00
10/18/2017 $225.00
10/18/2017 $580.00
10/16/2017 $125.00
10/06/2017 $275.00
Tran
Tran Code Desc
310
310
310
310
632
630
632
MIP/PMI
Premium
Disb
MIP/PMI
Premium
Disb
MIP/PML
Premium
MIP/PMI
Premium
Disb
MIP/PMI
Premium
Disb
MIP/PML
Premium
Disb
County
Tax Disb
MIPIPMI
Premium
Disb
Prop Exp
Repay
Corp Adv
Disb
Attny Adv
Disb
Corp Adv
Disb
Corp Adv
Disb
Process
Process Desc
ECL
‘Transaction
ADV PROP
PRES FEES.
ADV FC
COURT
costs
ADV FC
ATTY FEES
ADV FC
COURT
cOSTS
ADV PRE-FC
VAC PROP
Due
Paid Prin
08/01/18
08/01/18,
08/01/18,
ose
os/o1ie
08/01/18
10117
08/01/18
Paid
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Int Paid
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Exhi
J out
bi
tb
Late
EscrowPaid Paid InsPaid |
$113.34
-$113.34
-$113.34
$113.34
$113.34
$113.34
$2,403.70
-$113,34Source
MsP
™MsP
MsP
msP
MSP
MSP
™MsP
MsP
MSP
MSP
™MsP
mse
MSP
MSP
usp
MSP
Tran Tran
Date Back Date Amount
10/05/2017 $113.34
10/03/2017 $1,050.18
10/03/2017" $1,400.00
09/04/2017 $113.34
08/07/2017 $290.00
08/04/2017 $115.37
07/08/2017 “$118.37
06202017, SSS 597.00
06/19/2017 $15.00
06/14/2017 05/30/2017 $0.00
06/03/2017 ~$115.37
08/30/2017 $1,180.00
05/08/2017 $115.37
04/08/2017 ” 115.37
03/28/2017 03/24/2017 $0.00
03/28/2017 03/24/2017 $0.00
Tran Process Due
Tran Code Desc Process Desc Paid Prin Paid
310 MIP/PMI o801ng $0.00
Premium
Disb
632 Corp Adv ADV FC $0.00
Disb COURT
COSTS
630 Attny Adv ADV FC $0.00
Disb ATTY FEES
310 MIPIPMI 08/01/18 $0.00
Premium
Disb
632 Corp Adv ADV FC $0.00
Disb COURT
cOsTS
310 MIP/PMI 08/01/17 $0.00
Premium
Disb
310 MIP/PMI 08/01/17 $0.00
Premium
351 919 Automated 07/01/17 —g,00
Ins Disb ACH
Transaction
63t Corp Adv ADV $0.00
Disb INSPECTION
173 Payments 5T8 Manual 010117 ——goa7.g8
‘Suspense
Transaction
310 MIP/PMI 08/01/17, $0.00
Premium
Disb
172 Payments 883 Automated 01/01/17 $0.00
Paymentus
‘Transaction
310 MIPIPMI 08/01/17 $0.00
Premium
Disb
310 MIP/PMI 08/01/17 $0.00
Premium
Disb
173 Payments 512 Manual 1210116 ——_g036.99
‘Suspense
‘Transaction
173 Payments 572 Manual 11101116 $236.11
Suspense
Exhibit’ D
IntPaid EscrowPaid Paid
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$622.30
$0.00
$0.00
$0.00
$623.19
$624.07
$113.34
$113.34
~$115.37
-$115.37
-$537.00
$326.62
-$115.37
$115.37
' $115.37
$326.62
$326.62
Late
Ins Paid tSource
MSP
MSP
™msP
MSP
MsP
MSP
MsP
MSP
MSP
MsP
MSP
MSP
MSP
MSP
MSP
™MsP
Tran Tran
Date Back Date Amount
03/28/2017 03/24/2017 $0.00
03/25/2017 03/24/2017 $4,000.00
03/03/2017 . -$115.37
02/16/2017 $0.00
02/16/2017 30,00
02/13/2017 $1,221.21
02/03/2017 ~ $118.37
“01/23/2017 $0.00
01/13/2017 $1,221.21
01/05/2017 . $1837
12/27/2016 $0.00
12/19/2016 $1,221.21
42/03/2016 $115.37
11/15/2016 $2,326.68
11/04/2016 $118.37
40/21/2016 $1,200.00
Tran Code Desc:
173
172
310
173
310
Tran
Payments 5T2
Payments 8S3
MIPIPMI
Premium
Disb
Payments ST
Preview
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR ORANGE COUNTY GENERAL JURISDICTION DIVISION CASE NO. 2017-CA-007834-O DITECH FINANCIAL LLC FKA GREEN TREE SERV ONG TC: FILED IN OPEN COURT — lay fis vs > Clerk, Cir. Ct., Orange Co., *. JAVIER VELEZ, YARASETTE TOTO By De LUCIANO, , et. al. Defendant(s). / CERTIFICATION OF BUSINESS RECORDS AFFIDAVIT STATE OF ARIZONA ) “COUNTY OF MARICOPA) BEFORE me, personally appeared Annie Gastineau who, being of lawful age and after being first duly sworn, deposes and says: 1. ‘I anvover the age of 18, competent to testify, and the statements made in this affidavit are based on personal knowledge based on my review of the applicable business records. 2. Tam employed as a Document Execution Representative of Ditech Financial LLC f/k/a Green Tree Servicing LLC ("Ditech”). In this capacity I have personal knowledge of the facts and matters stated herein, and I am authorized to execute this Affidavit on behalf of Plaintiff. 3. The information contained in this affidavit is contained in the original books and records maintained by Ditech and the records referenced or summarized herein constitute records or data compilations ("the Records") of transactions ("the Transactions") relating to the servicing of the mortgage loan at issue in this foreclosure action. 4. The Records were made at or near the indicated time based on information transmitted by, or from, a person with knowledge of the Transactions. The Records are kept in the course of Ditech’s regularly conducted business activity. It is the regular practice of Ditech to make 2017-CA-007834-O Certification of Business Records Page 1 17-074095 - RiW 1400 SEBURN RD APOPKA Florida 32703 ORANGE- Affidavitthese Records. In the course of my regular job duties I have access to and am familiar with these Records, and I reviewed and relied upon these Records in executing this Affidavit. 5. To the extent that the Records for the loan in this matter were created by a prior servicer, those records have been verified for accuracy and incorporated into Ditech’s Records in the regular course of Ditech’s regularly conducted business activity. 6. True and correct copies of the Records I have reviewed and relied upon in executing this Affidavit are attached to this Affidavit and incorporated herein. 7. According to the Records, prior to the filing of the Complaint, the Plaintiff was entitled to enforce the promissory note and mortgage upon which this foreclosure action is based. A true and correct copy of the original note is attached hereto as Exhibit A. A true and correct copy of the original mortgage is attached hereto as Exhibit B. 8. According to the Records, the borrower(s) have defaulted pursuant to the terms of the promissory note and mortgage sued upon, by failing to tender to the Plaintiff the required payments when due. 9. The borrower(s) were sent a notice of default. A copy of this letter is attached hereto as Exhibit C. 10. The default has not been cured and the Plaintiff has elected, in accordance with the terms of the note and mortgage, to accelerate the payment of the entire principal sum, together with accrued interest. : 11. A true and cotrect copy of the borrower's payment history is attached hereto as Exhibit D. 12. Based on the Records reviewed and attached hereto, there is now due and owing to the Plaintiff upon said note and mortgage the following attached amounts. A true and correct copy of the Records showing the amounts due and owing is attached hereto as Exhibit E. 2017-CA-007834-O Certification of Business Records Page 2 17-074095 - RiW 1400 SEBURN RD APOPKA Florida 32703 ORANGE- Affidavit13. On account of the default of the borrower(s) under the note and mortgage sued upon herein, Ditech retained its attorney of record and authorized the filing of this action. Further, Ditech has agreed to be bound and obligated itself to pay said attorney for his/her services such sum as the Court shall adjudge to be reasonable. Ditech Financial LLC fka Green Tree Servicing LLC Zs y Date: Mew 3l,Zolg— Name: Annie Gastineau Title: Document Execution Representative The foregoing instrument was subscribed and sworn to (or affirmed) before me this 31st day of May, 2018, by Annie Gastineau as Document Execution Representative for Ditech Financial LLC fka Green Tree Servicing LLC. Said person is personally known to me. 2017-CA-007834-O 17-074095 - Riw Notary Public My Commission Expires: 11/19/2021 ASH A . Maricopa Count ron 'y Commission Ex, November 19, aut Lo novany PASKA Certification of Business Records Page 3 1400 SEBURN RD APOPKA Florida 32703 ORANGE- AffidavitFlorida ‘THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS INDEBTEDNESS. . Suly 22, 2015 Englewood, Colorado [Date] . (City) ~ [State) 1400 SEBURN RO, Apopka, FL 32703 [Property Address] 1. PARTIES * means Loan Simple, Inc., a Corporation and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST . In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED SIXTY NINE THOUSAND SEVEN HUNDRED SIXTY SEVEN AND NO/100*********ssseesseeeeseesses Dollars (U.S. $169,767.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FOUR AND ONE-HALF - percent (_ 4.500% ) per year until the full amount of principal has been paid. ‘ 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage. deed of trust or similar security instrument that is dated the same date as this Note and called the "Security instrument.” The Security Instrument protects the Lender from losses which might result If Borrower defaults under this Note. 4, MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the 1st day of each month beginning on September 1, 2015. Any principal and interest remaining on the 1st day of aoa 2045 _ Will be due on that date, which is called the “Maturity Date.” (B) Place Payment shall be made at 9635 Maroon Circle, Suite 100 Englewood, CO 80112 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $860.18. . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. {D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shail amend and supplement the covenants of this Note as if the allonge were a part of this Note. {Check applicable box} ( Graduated Payment Atlonge © Growing Equity Atlonge © other [specify] . 5. BORROWER'S RIGHT TO PREPAY Borrower has 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 Borrower makes a Prepayment, Borrower will'tell the Lender In writing that Borrower Is doing so. Borrower may not designate a payment as a Prepayment if ‘Borrower has not made all the monthly payments due under the Note. Borrower may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Lender will use the Prepayments to reduce the amount of Principal that Borrower owes under this Note. However, the Lender may apply the Prepayment to any accrued and unpaid interest.on the Prepayment amount before applying the Prepayment to reduce the Principal amount of the Note. If Borrower makes a partial Prepayment, there will be no changes In the due date or in the amount of the monthly payment unless. the Lender agrees In writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments: IfLender has not received the full monthly payment required by the Security instrument, as described in’ of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charg of FOUR Percent ( 4.000 % ) of the overdue amount of each FHA Florida Fixed Rate Note - 10/95 * Initiats: Elle Mae, Inc. i Page 1 of 2 f i : ‘ USL Be 712212015 42:* (8) Default | If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, “Secretary” means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required Inimediate payment in full, as described above; Lender may require Borrower to pay costs * and expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note, 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. “Presentment” means the right to require Lender to demand payment of amounts due. “Notice of dishonor” means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES : Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. : * Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(8) or at a different address if Borrower is 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, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELO} ower accepts and agrees to the terms and covenants contained in this Note. . . (Seal) JAYIER , ' Lender: Loan Simple, \nc. NMLS (D: 3032 Loan Originator: Thomas B Flood : \ NMLS 1D: 170808 FHA Florida Fixed Rate Note 10/95 Ete Mae, nc, Page Za ExhibitALLONGE TO NOTE LOAN NUMBER: LOAN AMOUNT: 169,767.00 PROPERTY ADDRESS: 1400 Seburn Rd,Apopka, FL 32703 ALLONGE TO NOTE DATED July 22 2015 IN FAVOR OF LOAN SIMPLE INC and a Corperation. AND EXECUTED By Javier Velez PAY TO THE ORDER OF Dita Merge Corp WITHOUT RECOURSE LOAN SIMPLE INC anda Corperation. BY: DES ——SS—= TITLE: CFO NATH. 1, to the order of gresn Tree Servicing LLC Autho} Ditech ithout Recourse Allison Piree_ ized Signor—____—_—___ MERATDIt A Pay to the order of Without Recourse Allison Piree Authorized Person + Green Tree Servicing LLCB: 10958 P: 2847 07/28/2015 09:30 AM. Page 1 of 9 Rec Fee: $78.00 Deed Doc Tax: $0.00 Mortgage Doc Tax: $594.30 Intangible Tax: $339.53 Martha O. Haynie, Comptroller Orange County, FL Ret To: SIMPLIFILE LC When recorded, return to: Loan Simple, inc. Attn: Final Document Department 9635 Maroon Circle, Suite 100 Englewood, CO 80112 This document was prepared by: Gail M. Naef Loan Simple, Inc. 9635 Maroon Circle #100 Englewood, CO 80112 303-565-2652 =) => SED er 0 a ee State of Florida MORTGAGE MERS PHONE #: 1-888-679-6377 THIS MORTGAGE (‘Security Instrument’) is givenon July 22, 2015. ‘The Mortgagor is JAVIER VELEZ AND YARASETTE TORO LUCIANO, HUSBAND AND WIFE. whose address is 545 GARBERIA DR, Davenport, FL 33837 (Borrower), “MERS" is Mortgage Electronic Registration Systems, Inc. MERS Is a separate corporation that Is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the taws of Delaware, and has an address and telephone number of P.O. Box 2026, Flirt, Michigan 48501-2026, tel. (888) 679-MERS, Loan Simple, inc., a Corporation (Lender? is organized and existing under the laws of Colorado, and has an address of 9635 Maroon Circle, Sulte 100, Englewood, CO 80112. Borrower owes Lender the principal sum of ONE HUNDRED SIXTY NINE THOUSAND SEVEN HUNORED SIXTY. SEVEN AND NOMQ0***s*eeseerevsereccetrveerseseceueees Dollars (US, $169,767.00 ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument (“Note”), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 1, 2045, This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, a paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's agreements under this Security instrument and the Note. For this purpose, Borrower does hereby mortgage, FHA Florida Mortgage - 4/96 Initials: Elle tae. Inc, Page 1 of 6 A Exhibi ‘RECORDED ELECTRONICALLY County Time impliflecom 800-160.5657 When recorded, return to: Loan Simple, Inc. Attn: Final Document Department 9635 Maroon Circle, Suite 100 Englewood, CO 80112 ‘This document was prepared by: Gall M. Naef Loan Simple, inc. 9635 Maroon Circle #100 Englewood, CO 80112 303-565-2652 a tycoon Rec Do * State of Florida MORTGAGE MERS PHONE #: 1-888-679-6377 . : * 7 THIS MORTGAGE ("Security Instrument’) Is givenon July 22, 2015. The Mortgagor is JAVIER VELEZ AND YARASETTE TORO LUCIANO, HUSBAND AND WIFE - whose address Is 545 GARBERIA DR, Davenport, FL 33837 (‘Borrower’). “MERS" Is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, Michigan 48501-2026, tel. (888) 679-MERS. Loan Simple, Inc., a Corporation (‘Lender’) is organized and existing under the laws of Colorado, and has an address of 9635 Maroon Circle, Sulte 100, Englewood, CO 80112. Borrower owes Lender the princ f ONE HUNDRED SIXTY NINE THOUSAND SEVEN HUNDRED SIXTY SEVEN AND NO/100* ***** sens eeeseneesen ***** Dollars (U:S._ $169,767.00 iB This debt is evidenced by Borrawer's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 1, 2045. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, agVa FHA Florida Mortgage - 4/96 Elle Mae, Inc.* convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in Orange County, Florida: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS "EXHIBIT A”. which has the address of 1400 SEBURN RD, Apopka, ([Sueet, City), Florida 32703 (‘Property Address"); {Zip Code]. TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument, All of the foregoing Is referred to in this Security Instrument as the “Property.” Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower In this Security Instrument, but, if necessary to comply with taw or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender Inctuding, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is: unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. ‘4, Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with 'the principal and interest as set forth in the Note and any late ‘charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development (‘Secretary’), or in any year in which such premium would have beeri required ‘if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items” and the sums _ Pald to Lender are called “Escrow Funds.” Lender may, at any time, collect and hold amounts for Escrow items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 12 CFR Part 1024, as they may be amended from time to time ((RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all: Installments for. items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: 1 Eitst, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; ‘Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; FHA Florida Mortgage - 4/96 Initlats: Ellie Mae, inc. Page 2 of 6 FL ExhibitFourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4, Fire, Flood and Other Hazard insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained In the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shail be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of toss if not made promptly by Borrower. Each insurance company concemed is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration ar repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or’change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the _ indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shafl continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable Wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Propefty as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6, Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpald under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity tegally entitled thereto. . ' . 7. Charges to Borrower and Protection of Lender’s Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations ‘on time directly to the entity which is owed the payment. if failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. if Borrower fails to make these payments or the payments required by paragraph 2, or fails.to perform any other cov- enants and agreements contained in this Security instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Sect Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion oper- ate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the llen to this Security Instrument. !f Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. . 9. Grounds for Acceleration of Debt. : (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: () Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument, (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Sectio Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior aj , Secretary, require immediate payment in full of all sums secured by this Security Instrument if: FHA Florida Mortgage - 4/96 . Initials:., Ellie Mae, Inc. Page 3 of 6 LER Exhibit 5(i) All or part of the Property, or a beneficial interest in a trust owning all or part J = — 1s. - or otherwise transferred (other than by devise or descent), and (i) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. . (c) No Waiver. if circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. {e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the Nationa! Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall bé deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 40. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys’ fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current forectosure proceeding, (li) reinstatement will preclude foreclosure on different grounds in the future, or (ii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modi- fication of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required'to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify'smortization of the sums secured by this Security Instrument by reason of any démand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefil the successors and assigns of Lender and Borrower, subject to the provi- sions of paragraph 9(b). Borrower's covenants and agreements shail be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note . without that Borrower's consent. 4 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mail- ing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by firstclass mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this ‘Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the taw of the Jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable aw, such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. t 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or Storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropri- ate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law ofwhich Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used inthis paragraph 16, “Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, + toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, “Environmental Law” means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby\J tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to 8 FHA Florida Mortgage - 4/96 Initials: Elle Mae, Inc. Page 4 of 6 ExhibitBorrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. - . If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shail be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take contro! of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there Is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 48. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies in this paragraph 18, Including, but not limited to, reasonable attorneys’ fees and costs of title evidence. Ifthe Lender's interest in this Security instruments held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may Invoke the nonjudicial power of sale provided in the Single - Family Mortgage Foreclosure Act of 1994 (“Act”) (12 U.S.C. 3751 etseq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. ‘ 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Attorneys’ Fees. As used in this Security Instrument and the Note, “attorneys’ fees” shall include any attorneys’ fees awarded by an appellate court. 21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as If the rider(s) were a part of this Security Instrument. [Check applicable box(es)} . Condominium Rider ° Growing Equity Rider (2) Planned Unit Development Rider . O Graduated Payment Rider CO Other(s) (specify) LOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any by Borrower and recorded with It. : <] : Ft T-2D- -l Bean : DATE FHA Florida Mortgage - 4/96 Initials; —_______ Eile Mag, Inc. Page 5 of 6 FLEFHADE 0515 : FLEFHADE (07/22/2015 12:13 PM PST Exhibit EState of FLORIDA : ‘ County of 2m in ole, pe foregoing Instrument was acknowledged-before me this 22nd day of JULY, 2015 by JAVIER VELEZ ETTE TORO LUCIANO. who Islare personally known to me or who has/have produced as Identi ion. Signature Title or Rank seal ' j liyconmuaunte FF 97 Expires 117202018 464s ‘Serial Number, Lender: Loan Simple, Inc. NMLS ID: 3032 Loan Originator: Thomas B Flood NMLS ID: 170808 FHA Florida Mortgage - 4/96 Etle Mae, Inc, Page 6 of 6Exhibit “A”. Lot 396, EMERSON PARK, according to the Plat thereof as recorded in Plat Book 68, Pages 1 through 17, inclusive; of the Public Records of Orange County, Florida. Exhibit BPLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 22nd- day of July, 2015, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (“Security Instrument”) of the same date given by the undersigned (“Borrower”) to secure Borrower's Note (“Note”) to Loan Simple, Inc., a Corporation (‘Lender’) of the same date and covering the Property described in the Security Instrument and located at: 1400 SEBURN RD Apopka, FL 32703, The Property Address is a part of a planned unit development ("PUD") known as Emerson Park PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. So long as the Owners Association (or equivalent entity holding title to common * areas and facilities), acting as trustee for the homeowners, maintains, with a generally accepted insurance carrier, a “master” or “blanket” policy insuring the property located in the PUD, including all improvements now existing or hereafter erected on the mortgaged premises, and such. policy is satisfactory to Lender and provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and other hazards included within the term “extended coverage,” and loss by flood, to the extent required by the Secretary, then: (i) Lender waives the provision in Paragraph 2 of this Secu- rity Instrument for the monthly payment to Lender of one-twelfth of the yearly premium installments for hazard insurance on the Property, and (ii) Borrower's obligation under Paragraph 4 of this Security Instrument to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage and of any loss occurring from a hazard. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by this Security Instrument, with any excess paid to the entity legally entitled thereto. B. Borrower promises to pay all dues and assessments imposed pursuant to the legal instruments creating and governing the PUD. C. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this parag become additional debt of Borrower secured by the Security Instrum Borrower and Lender agree to other terms of payment, these amoyntsbhall bear interest from the date of disbursement at the Note rate and shall be\payable, with - interest, upon notice from Lender to Borrower requesting paymen\ FHA Multistate PUD Rider - 10/95 Initlals; Ellie Mae, inc. . Page 1 of 2BELOW, Borrower accepts and agrees to the terms and provisions A 4 UL WbSsean DATE J-3>- -% 2, DATE 'E TORO LUCIANO FHA Multistate PUD Rider - 10/95 Ellie Mae, Inc. Page 2 of 2 Exhibit20170309:285 P.O,Box6172 ‘Rapld Gity, SO $7709:6172 Exhibit C03/09/2017 YARASETTE T LUCIANO, 1400 SEBURN RD Seiit Via Ceitified Mail an? 1200-3170, 0906 2876 ah Tii/2016 at a 186: 80 12/01/2016 01/01/2017EMAND . ‘Rev.03/2016: Exhibit CV_FHA: DEMAND - ReV03/2016, led and proof of extension ull; gas bill, électric bill or the: homie (alimony, child Exhibit Cblié assistance, OF ine, Sich’ as. social security, disability or death betiefits, ‘pension, | (2) titost monthly statemeiit if applicable (Q) Yeats filed federal tax ietiifns. with all schedule’, including Schedule { Loss lope hotline at J 3 taday to learn more about your options and i F You fall behind oii yoiir paymetits, Sincerely, ug at custome?.service@ditech.com:, ips to Avoid Foreclosure” Exhibit C20170309:285. desditegit JAvI P.0; Box 6172 Box! , Feet acEeDtganteaDtegtagegtt aA pag fetyette Id City, SO. $7709:6172 Zz W_FHA_SEMANDJAVIER VELEZ; 1400 SEBURN RD Serit Via Certified Mail 4a07 100.4120 G96 za%k ay ‘Youu have Tailed to miike the following 10/01/2016. at “$1,186.80 1iv0i/2616 at $1,186.80 12/01/2016 at $1,186.80 01/01/2017 at ; 0 2/01/2017 at ‘ 03/01/2017 at $1, 5186: 30 ‘the total amount required to'cure the default is $8,245.26, which consists of the al Monthly Payiiients Die:- Exhibit C. 'Rev.03/2016) Exhibit Ccome such as‘social security, disability oi death, benefits, pension, public assistance, oF osit: slips; ‘bank. statements, :court anonthly: statement if applicable ips to Avoid Foreclosure” W.FHA DEMAND: (Rev.03/2016,Web History for Account: J Inv# G20 Prin Bal: 165 Address 1400 SEBURN RD, APOPKA, FL, 32703 Borrowers JAVIER VELEZ Source MSP MSP MsP MSP ™MsP MsP MSP MSP MsP MSP ™MsP * "03/03/2018 Tran Back Date Amount Tran Date 05/04/2018 $113.34 04/05/2018 $113.34 $113.34 02/03/2018 01/05/2018 $113.34 12/04/2017 $113.34 41/16/2017 "$2,403.70 4110312017 ‘11304 10/20/2017 $15.00 10/18/2017 $225.00 10/18/2017 $580.00 10/16/2017 $125.00 10/06/2017 $275.00 Tran Tran Code Desc 310 310 310 310 632 630 632 MIP/PMI Premium Disb MIP/PMI Premium Disb MIP/PML Premium MIP/PMI Premium Disb MIP/PMI Premium Disb MIP/PML Premium Disb County Tax Disb MIPIPMI Premium Disb Prop Exp Repay Corp Adv Disb Attny Adv Disb Corp Adv Disb Corp Adv Disb Process Process Desc ECL ‘Transaction ADV PROP PRES FEES. ADV FC COURT costs ADV FC ATTY FEES ADV FC COURT cOSTS ADV PRE-FC VAC PROP Due Paid Prin 08/01/18 08/01/18, 08/01/18, ose os/o1ie 08/01/18 10117 08/01/18 Paid $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Int Paid $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Exhi J out bi tb Late EscrowPaid Paid InsPaid | $113.34 -$113.34 -$113.34 $113.34 $113.34 $113.34 $2,403.70 -$113,34Source MsP ™MsP MsP msP MSP MSP ™MsP MsP MSP MSP ™MsP mse MSP MSP usp MSP Tran Tran Date Back Date Amount 10/05/2017 $113.34 10/03/2017 $1,050.18 10/03/2017" $1,400.00 09/04/2017 $113.34 08/07/2017 $290.00 08/04/2017 $115.37 07/08/2017 “$118.37 06202017, SSS 597.00 06/19/2017 $15.00 06/14/2017 05/30/2017 $0.00 06/03/2017 ~$115.37 08/30/2017 $1,180.00 05/08/2017 $115.37 04/08/2017 ” 115.37 03/28/2017 03/24/2017 $0.00 03/28/2017 03/24/2017 $0.00 Tran Process Due Tran Code Desc Process Desc Paid Prin Paid 310 MIP/PMI o801ng $0.00 Premium Disb 632 Corp Adv ADV FC $0.00 Disb COURT COSTS 630 Attny Adv ADV FC $0.00 Disb ATTY FEES 310 MIPIPMI 08/01/18 $0.00 Premium Disb 632 Corp Adv ADV FC $0.00 Disb COURT cOsTS 310 MIP/PMI 08/01/17 $0.00 Premium Disb 310 MIP/PMI 08/01/17 $0.00 Premium 351 919 Automated 07/01/17 —g,00 Ins Disb ACH Transaction 63t Corp Adv ADV $0.00 Disb INSPECTION 173 Payments 5T8 Manual 010117 ——goa7.g8 ‘Suspense Transaction 310 MIP/PMI 08/01/17, $0.00 Premium Disb 172 Payments 883 Automated 01/01/17 $0.00 Paymentus ‘Transaction 310 MIPIPMI 08/01/17 $0.00 Premium Disb 310 MIP/PMI 08/01/17 $0.00 Premium Disb 173 Payments 512 Manual 1210116 ——_g036.99 ‘Suspense ‘Transaction 173 Payments 572 Manual 11101116 $236.11 Suspense Exhibit’ D IntPaid EscrowPaid Paid $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $622.30 $0.00 $0.00 $0.00 $623.19 $624.07 $113.34 $113.34 ~$115.37 -$115.37 -$537.00 $326.62 -$115.37 $115.37 ' $115.37 $326.62 $326.62 Late Ins Paid tSource MSP MSP ™msP MSP MsP MSP MsP MSP MSP MsP MSP MSP MSP MSP MSP ™MsP Tran Tran Date Back Date Amount 03/28/2017 03/24/2017 $0.00 03/25/2017 03/24/2017 $4,000.00 03/03/2017 . -$115.37 02/16/2017 $0.00 02/16/2017 30,00 02/13/2017 $1,221.21 02/03/2017 ~ $118.37 “01/23/2017 $0.00 01/13/2017 $1,221.21 01/05/2017 . $1837 12/27/2016 $0.00 12/19/2016 $1,221.21 42/03/2016 $115.37 11/15/2016 $2,326.68 11/04/2016 $118.37 40/21/2016 $1,200.00 Tran Code Desc: 173 172 310 173 310 Tran Payments 5T2 Payments 8S3 MIPIPMI Premium Disb Payments ST