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Filing #76646117 E-Filed 08/17/2018 06:02:14 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR ORANGE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 2017-CA-008145-O0
US BANK NATIONAL ASSOCIATION.
AS SUCCESSOR TRUSTEE, TO BANK
OF AMERICA, NATIONAL
ASSOCIATION, SUCCESSOR BY
MERGER TO LASALLE NATIONAL
ASSOCIATION, AS TRUSTEE FOR
OWNIT MORTGAGE LOAN TRUST,
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2006-7,
Plaintiff,
VS.
RAFAEL AGOSTO A/K/A RAFAEL O.
AGOSTO, et. al.,
Defendant(s).
NOTICE OF SUBMITTING FLA.STAT.§ 702.015(4) CERTIFICATION
Plaintiff, by and through its undersigned counsel, hereby submits contemporancously
with the Amended Complaint in this case the attached Certification of Possession pursuant to
Fla.Stat.§702.015(4).
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
By:
[ Melissa Konick, Esq., FL Bar No. 17569, Email Address: mkonick@rasflaw.com
| Wendy Manswell, Esq., FL Bar No. 12027, Email Address: wmanswell@rasflaw.com
[ ] Tiffanie Waldman, Esq., FL Bar No. 86591, Email Address: twaldman@rasflaw.com
AOU AE EL AIA
17-042242
CERTIFICATION OF POSSESSION PURSUANT TO FLA. STAT. 702.015(4)
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
BEFORE me, personally appeared Farid Farghali who, being of lawful age and after
being first duly sworn, deposes and says:
Tam a Senior Servicing Operations Specialist for Oewen Lean Servicing, LLC
(Ocwen”), servicer for Plaintiff in this Action. In this capacity I have personal
knowledge of the facts and matters stated herein, and | am authorized to execute this
Cerlification on behalf of Ocwen. The information contained in this Certification is
based on my personal knowledge
According to the Records, the promissory note at issue, dated 7/11/2006 was executed
by Wanda Agosto and Rafaci Agosto. A true and correct copy of the Note is attached
to this Certification as Exhibit “A.”
On Aprif 26, 2017 at 3:32 PM, | obtained the origina! Note document at $720 Premier
Park Drive, West Palm Beach, FL 33407 and personally verified that Ocwen is in
possession of the Note on behalf of Plaintiff.
Prepared Date: April 26, 2017
Signature: lint
Date: APR
I 7 20
Print Nam ‘arid Farghali
Title: Senior Servicing Operations Specialist
APR 27 2017
The foregoing instrument was acknowledged and sworn before me on b
Farid Farghali as a Senior Servicing Operations Specialist for Ocwen Loan Servicing, LLC., who
is personally known to me (or who has produced the following identification: n/a).
\
Notary Public ~ State of Florida
Doc ID: 2170929345588?
Darin Gurewite”
%
ws Nelasy Pulbie State of Fhonga
Ge in
*e fay Comminsion FF ppeog3
‘Bape 05/26/2020
om.
HN, TT, NOTE Lean Number: —_—_—a-n
SULY 1p, 2006 ST. PETEREBURG FLORIDA
Basch
6826 DERRICK DRIVE, ORLANDO, FLORIDA 32819
Popenty Adds}
1, BORROWER'S PROMISE TO. PAY
In return Sora toan (hit { have cecelved, T promise to pay US $ 142,400.06 (this amount
Is called "Principal"}, pias taterest, to the order of the Lender. The Lender is OWNIT MORTGAGE
SOLUTIONS , INC., ALIFORNIA CORPORATION
Twill make all payments under this Not in the form of cash, check or money order.
Fundersiaud (hat tke Lender may transfor this Note, The Lender or anyone who takes this Note by
transfer ant who is onlilicd ta receive payments unler this Note ts called the "Nate Holder."
2, INTEREST
Interest will be charged on unpaid principal unit the fui amount of Principal tras been paid, I will pay
interest at a yearly rate of 7.250
The inicrest rate required by this Section a is the rate Twill pay both before and afler any defautt
described in Section 6(3) of this Note,
PAYMENTS
a) ‘Time and Place of Payments
{will pay. principal and interest by making a payment every month.
Twill make my monthly payment cn the 1St day of each month begining on SEPTEMBER 1,
2006 Twill make these payments every month unt [have paid ail of the principal and interest and any
otliee charges described below that Toay owe wider this Note. Each monthly payment will be applied as of
its seheduted due date and will be applied to fucorest before Principal Wen AUGUST 1 :
2036 still oe amounts under this Note, 1 will pay those amounts In full on that date, which is called
the *Mahirity Date."
Twill make my monthly payments at PO BOX 4387, HOUSTON, TEXAS 77210-4387
or at a different place if vequived by the Nole Helder,
B) Amoval of Monthly Payments
My monly payment will be in die amount of US. $972.42
BORROWER'S RIGHT TO PREPAY ** See attached Prepayment Note Addendum.
Thave the right to moke payments of Prinelpad at any ime before theyare due. A payment of Principal only
isknown asa "Prepayment.” When Lake « Prepayment, [ will te the Nate Hivider in waiting that T am doing so
T may nat designate a payment as & Prepayment If have nol made sll the monthly paymnents due under the Nate
1 way make a fil Prepeymént or pectin! Prepayments without payinga Prepayment cliarge. The Note Holder
will use my Prepayments to reduce the amount of Principal that ] owe sudler this Nate, However, the Note Holder
may apply my Prepayment to te accrued and wipaid interest on Ue Prepayment amour uefore applying my
Prepayment Jo reduce the Principal amount ofthe Note, Jf Tmake a parlial Prepsyment, there wall be no changes
in the due dace or hi the amaunt of my monthly payment unless the Note Eluldey agrees in welting to these changes.
5 LOAN CHARGES
Ifa law, which applies to (his loan ond wich sels maximum town charges, is finally interpreted so that the
Interest or ciher Toan charges cotiectod ar to be coltecteé in connection wit Ibis loan exceed the permitted lists,
‘hen: {2} any soch loan charge sailbe reduced by the amount necessary to reduce the charge to the permilted lint
and (8) any sums already collected from me which excesded permisted limits vill be refunded to me, The Note
Holder may choose to make this refimd by reducing he Principal ! owe under this Note or by making & direct
payment 10 me, Ifa refund reduces Principal,the reduction wil be treated yet partial Prepaynient,
if
FLOOR PRED RATE WOTE-Sigie Pony Fle Maciel Mat Fon 3010
Deca Syms, te. AO) 6 (008 Page 1 of 3
ursosns
se
6. BORROWER'S FAILURE TO PAY AS REQUIRED
Lale Charge for Overdue Payrocats
Ifthe Note Holder has not recoived the full amount of sny monthly payment by the ond of 5
cniendar days afier the date 41 is due, Cwill paya late charge lo the Note Holder. The amount of the charge
will be 5,000 9% of my overdue payment of prinetyal and interest E will pry this Tete charge
frompty bat only ance on each late payment
IT do not pay the Full amount of each monihty payment on the dato il is due, 1 will be in default,
(ch Notice of Default
If Tam in default, the Note Holder may send me a written notice (cling me that if do not pay the
covertue amount by a certain dite, the Note Holder may requlke me to pay immediately the full amount of
Principal whick has not beon jail and all the inlevest that Towe on tha amount, That date must be at least
30 days after the date on which the siotice Is mulled to me os delivered by otler means.
(D} No Waiver ly Note Hokler
Even if, a a time when I sm in dlefamlt, the Note Holder dacs not require re to pay fanmediaiely in ful
as descrited above, the Note Holéer will stilt have the right to de sv ifT am in defoult at a taier inte,
Pe at of Note Holder's Costs and Expenses
Wthe Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be pald back by me for all af lis costs and expenses fo enforcing this Note to the exient cot
probbited by applicable law. Those expenses include, for example, reasonable attorneys" fees.
7. GIVING OF NOTICES
Unless applicable fav requires a different method, any notice that mast be given lo nie wider this Note
will be given by delivering Hl ar by mailing it by first class mail to me at the Properly Address above or at #
different attdress ifI give the Note Helder a notice of my different address.
Any notice thal must be given (0 fhe Nole Holder under this Note will he given by deiiverlag it or by
mailing it by first class mai! to the Note Holder at the address stated Section 3(A) above or at 2 different
address if Tam given e notice of tat different address.
a OBLICATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, oach person is fully and personally obligated io keep elf of the
promises made in this Note, including the promise to pay the full amount owed Any person who is 8
guarantor, surety ar endorser of this Note ts also obligated to do these things. Any person who takes over
these abl ions, including the oUfigations of a guaranlor, surely or endorser of this Note, is else obligawd
ta keop alf of the promises matte in this Note, The Nole Holder may enforce its rights under this Note against
each person individually or against all of us together, This means that any one of us may be required to pay
all of the amounts owed under this Note,
3 WAIVERS
Vand any offer person who has obligations under this Note walve the rights of Presentment and Notice
of Dishonor. *Presentment" meuns the right to require the Nate Holder fo demand payment of amwonts duc.
Notice of Dishonor* means the riglt w require the Note Haldcr to give notice to other persons thot aniounts
dae have not been paid
10. UNIFORM SECURED NOTE
‘This Note ts a uniform instrament with Hi ist variations in same jurisiticlions. In aldidion to the
prctections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the
“Security Instrument"), dated the same date as thls Note, protects the Note Hoiter from possible losses which
might resull #1 do not keep the promises which I make in this Note. That Security Jnsuument describes kow
and under what conditions I may he required to make immediate payment in full of all amounts { owe under
sis Note, Some of those conditions are described 2s follows:
FLORDAPIRTS HATE NOVE-SHig Ponly-toanie MacPTadGs oe
Sp wtFoam FW
amet Spe, e902 ¢
Pano
Jf.all or any part of the Property or any Interest in the Properiy is sold or transferred fer iP
Borrower is net a natural person and a beneficial interest in Borrower is sald ur teansferred) without
Lender's prior written consent, Lender may require inimedinte paysent in full of all sums secured
by this Security Instramest, However, this optiou shall noi be exercised ly Lender if such exercise
is probibited by Applicable Law.
If Lender exercises (his option, Louder shail give Borrower notice of acceleration. The notice
shall provide a pertod of nol less than 30 days from the dale (ie notlee fs given in accordance with
Section 15 wilhin which Boreower must pay all sums sewed by lis Security Insteument,
Borrower fails to pay these suns prior fa chy explration of this period, Lender may fuvcke any
remedies permitted by this Sec iy Instrument without further notice or demand on Borrower.
uw DOCUMENTARY TAX
The state docunientary tax due on this Note has been paid on the mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL.(S) GF THE UNDERSIGNED,
(heath
WANDA AGOSTO
brofo
V7
(Seal)
Borrower
tLY, Lael
RAFREL AGOSTO/” Brower
Seal
(Seal) (Seal)
-Borrower Borrower
(Seal) (Seat)
+Borrower “Borrower
{Sign Origisal Only}
FLORA PRED RATE NOTE Single Paraly-Farne MeMncdae Mae Borer BETE TOT
acme ei a BUEOEE Page J of 3
fniens
Pay to TMi onteR OF
~ epee
wrauy RECO! URS
WHEY NORYGARENIOLUTIONS, REC.
ACALIFORWA: PORATION
Gi iotody, &
*#,5, Bagnk National Associ on, as Successor Trustee to Bank
of Auerica, National Assocdation.aa successor by nerger to
LaSalle Bank National Assoc lation, us Trustee for Ownkt Mortgage
Loan Asset~Backed Certificat Series 2006-
“
Loan Nunibex: saimailigiineg
PREPAYMENT PENALTY NOTE ADDENDUM
For a valuable consideration, receipt af which is hereby acknowledged the undersigned ageec that ceriaie Promissory
Note of even date to which this Addendum is attached, shail be subject to the following provisions, notwithstanding
any provisions (0 the contrary contained in sald promissory note or the Deed of Trust, Mortguge, Real Estate
Mortgage, Security Deed (Seowity instrament) socuring sant,
This Addendim is attached to and made a pat! of that cedlain Promissory Note given by WANDA AGOSTO,
RAPAEL AGOSTO
{Berrewer} lu
OWNIT MORTGAGE SOLUTIONS, INC,
(Lender), dated
JULY 11, 2006 -Wwhich Nole isin the prnetiat amount of § 142, 400.00
PREPAYMENT PENALTY
Afier ‘THREE, 3 ) full years from the date hereof, maker aay pre ry in whole or in part,
without penalty, tie Gen outstanding principal balance. {u the event maker pregays any portion of the anistanding
principal balance and accrued interest ducing the Hirst THREE 3 ) years frei
the date hereof, Maker shall pay in addition to such peepayteal a penalty it an amount equal to a percenlage of the
Principal portion of the amount so pre-puld in accordance with the following:
If paid during the first year from the date heroof, THRES percent (3,000 %}
of the portion of such prepayment equal te the principal amount so prepsid.
Uf paid during the second yeur from the dale hereo!, TWO pereoat (2.000 %)
of the portion of such prepayment equat to the principal acaount sa prepaid.
If pald during tte third year from the date hereof, ONE, percent (2.009 9%)
of the portion of such prepayment equal 40 the prixeigel amount so prepaid.
AP peid duving the fourth year Geom she date hereof, N/A purcent{ N/A 9
of the portion of such peeyaymen! equal lo the principal amonut so prepaid.
IC paid during the fifth year from the date hereof, N/A perce (N/A %)
atthe portion of such prepayment equal to dhe principal aanount so propald.
Holder shall apply any pre} payment Grst to reduce any Interest and charges owing. at ihe ume of such prepayment and
then te reduce dle amout ‘of principal owed umier this Note, provided that such batance shall te applied to the
principal in veverse ordey of the due date of each payment and shall not otherwise alfect or delay dhe due date of the
ext payment under the Nove,
la
Borrower WANDA AGOSTO
bob af las
§\
ate
SLL Agde
Borroyter RAFAEL #GOSTO
alu
Baie ly
Borrower Date Borrower Date
Barvower Date Borrower Date
PREPAYMENT PENALTY NOTE ADDERDERT
que Spans ac HB) 61202
Appa
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Filing #76646117 E-Filed 08/17/2018 06:02:14 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2017-CA-008145-O0 US BANK NATIONAL ASSOCIATION. AS SUCCESSOR TRUSTEE, TO BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-7, Plaintiff, VS. RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO, et. al., Defendant(s). NOTICE OF SUBMITTING FLA.STAT.§ 702.015(4) CERTIFICATION Plaintiff, by and through its undersigned counsel, hereby submits contemporancously with the Amended Complaint in this case the attached Certification of Possession pursuant to Fla.Stat.§702.015(4). ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: mail@rasflaw.com By: [ Melissa Konick, Esq., FL Bar No. 17569, Email Address: mkonick@rasflaw.com | Wendy Manswell, Esq., FL Bar No. 12027, Email Address: wmanswell@rasflaw.com [ ] Tiffanie Waldman, Esq., FL Bar No. 86591, Email Address: twaldman@rasflaw.com AOU AE EL AIA 17-042242 CERTIFICATION OF POSSESSION PURSUANT TO FLA. STAT. 702.015(4) STATE OF FLORIDA) COUNTY OF PALM BEACH) BEFORE me, personally appeared Farid Farghali who, being of lawful age and after being first duly sworn, deposes and says: Tam a Senior Servicing Operations Specialist for Oewen Lean Servicing, LLC (Ocwen”), servicer for Plaintiff in this Action. In this capacity I have personal knowledge of the facts and matters stated herein, and | am authorized to execute this Cerlification on behalf of Ocwen. The information contained in this Certification is based on my personal knowledge According to the Records, the promissory note at issue, dated 7/11/2006 was executed by Wanda Agosto and Rafaci Agosto. A true and correct copy of the Note is attached to this Certification as Exhibit “A.” On Aprif 26, 2017 at 3:32 PM, | obtained the origina! Note document at $720 Premier Park Drive, West Palm Beach, FL 33407 and personally verified that Ocwen is in possession of the Note on behalf of Plaintiff. Prepared Date: April 26, 2017 Signature: lint Date: APR I 7 20 Print Nam ‘arid Farghali Title: Senior Servicing Operations Specialist APR 27 2017 The foregoing instrument was acknowledged and sworn before me on b Farid Farghali as a Senior Servicing Operations Specialist for Ocwen Loan Servicing, LLC., who is personally known to me (or who has produced the following identification: n/a). \ Notary Public ~ State of Florida Doc ID: 2170929345588? Darin Gurewite” % ws Nelasy Pulbie State of Fhonga Ge in *e fay Comminsion FF ppeog3 ‘Bape 05/26/2020 om. HN, TT, NOTE Lean Number: —_—_—a-n SULY 1p, 2006 ST. PETEREBURG FLORIDA Basch 6826 DERRICK DRIVE, ORLANDO, FLORIDA 32819 Popenty Adds} 1, BORROWER'S PROMISE TO. PAY In return Sora toan (hit { have cecelved, T promise to pay US $ 142,400.06 (this amount Is called "Principal"}, pias taterest, to the order of the Lender. The Lender is OWNIT MORTGAGE SOLUTIONS , INC., ALIFORNIA CORPORATION Twill make all payments under this Not in the form of cash, check or money order. Fundersiaud (hat tke Lender may transfor this Note, The Lender or anyone who takes this Note by transfer ant who is onlilicd ta receive payments unler this Note ts called the "Nate Holder." 2, INTEREST Interest will be charged on unpaid principal unit the fui amount of Principal tras been paid, I will pay interest at a yearly rate of 7.250 The inicrest rate required by this Section a is the rate Twill pay both before and afler any defautt described in Section 6(3) of this Note, PAYMENTS a) ‘Time and Place of Payments {will pay. principal and interest by making a payment every month. Twill make my monthly payment cn the 1St day of each month begining on SEPTEMBER 1, 2006 Twill make these payments every month unt [have paid ail of the principal and interest and any otliee charges described below that Toay owe wider this Note. Each monthly payment will be applied as of its seheduted due date and will be applied to fucorest before Principal Wen AUGUST 1 : 2036 still oe amounts under this Note, 1 will pay those amounts In full on that date, which is called the *Mahirity Date." Twill make my monthly payments at PO BOX 4387, HOUSTON, TEXAS 77210-4387 or at a different place if vequived by the Nole Helder, B) Amoval of Monthly Payments My monly payment will be in die amount of US. $972.42 BORROWER'S RIGHT TO PREPAY ** See attached Prepayment Note Addendum. Thave the right to moke payments of Prinelpad at any ime before theyare due. A payment of Principal only isknown asa "Prepayment.” When Lake « Prepayment, [ will te the Nate Hivider in waiting that T am doing so T may nat designate a payment as & Prepayment If have nol made sll the monthly paymnents due under the Nate 1 way make a fil Prepeymént or pectin! Prepayments without payinga Prepayment cliarge. The Note Holder will use my Prepayments to reduce the amount of Principal that ] owe sudler this Nate, However, the Note Holder may apply my Prepayment to te accrued and wipaid interest on Ue Prepayment amour uefore applying my Prepayment Jo reduce the Principal amount ofthe Note, Jf Tmake a parlial Prepsyment, there wall be no changes in the due dace or hi the amaunt of my monthly payment unless the Note Eluldey agrees in welting to these changes. 5 LOAN CHARGES Ifa law, which applies to (his loan ond wich sels maximum town charges, is finally interpreted so that the Interest or ciher Toan charges cotiectod ar to be coltecteé in connection wit Ibis loan exceed the permitted lists, ‘hen: {2} any soch loan charge sailbe reduced by the amount necessary to reduce the charge to the permilted lint and (8) any sums already collected from me which excesded permisted limits vill be refunded to me, The Note Holder may choose to make this refimd by reducing he Principal ! owe under this Note or by making & direct payment 10 me, Ifa refund reduces Principal,the reduction wil be treated yet partial Prepaynient, if FLOOR PRED RATE WOTE-Sigie Pony Fle Maciel Mat Fon 3010 Deca Syms, te. AO) 6 (008 Page 1 of 3 ursosns se 6. BORROWER'S FAILURE TO PAY AS REQUIRED Lale Charge for Overdue Payrocats Ifthe Note Holder has not recoived the full amount of sny monthly payment by the ond of 5 cniendar days afier the date 41 is due, Cwill paya late charge lo the Note Holder. The amount of the charge will be 5,000 9% of my overdue payment of prinetyal and interest E will pry this Tete charge frompty bat only ance on each late payment IT do not pay the Full amount of each monihty payment on the dato il is due, 1 will be in default, (ch Notice of Default If Tam in default, the Note Holder may send me a written notice (cling me that if do not pay the covertue amount by a certain dite, the Note Holder may requlke me to pay immediately the full amount of Principal whick has not beon jail and all the inlevest that Towe on tha amount, That date must be at least 30 days after the date on which the siotice Is mulled to me os delivered by otler means. (D} No Waiver ly Note Hokler Even if, a a time when I sm in dlefamlt, the Note Holder dacs not require re to pay fanmediaiely in ful as descrited above, the Note Holéer will stilt have the right to de sv ifT am in defoult at a taier inte, Pe at of Note Holder's Costs and Expenses Wthe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be pald back by me for all af lis costs and expenses fo enforcing this Note to the exient cot probbited by applicable law. Those expenses include, for example, reasonable attorneys" fees. 7. GIVING OF NOTICES Unless applicable fav requires a different method, any notice that mast be given lo nie wider this Note will be given by delivering Hl ar by mailing it by first class mail to me at the Properly Address above or at # different attdress ifI give the Note Helder a notice of my different address. Any notice thal must be given (0 fhe Nole Holder under this Note will he given by deiiverlag it or by mailing it by first class mai! to the Note Holder at the address stated Section 3(A) above or at 2 different address if Tam given e notice of tat different address. a OBLICATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, oach person is fully and personally obligated io keep elf of the promises made in this Note, including the promise to pay the full amount owed Any person who is 8 guarantor, surety ar endorser of this Note ts also obligated to do these things. Any person who takes over these abl ions, including the oUfigations of a guaranlor, surely or endorser of this Note, is else obligawd ta keop alf of the promises matte in this Note, The Nole Holder may enforce its rights under this Note against each person individually or against all of us together, This means that any one of us may be required to pay all of the amounts owed under this Note, 3 WAIVERS Vand any offer person who has obligations under this Note walve the rights of Presentment and Notice of Dishonor. *Presentment" meuns the right to require the Nate Holder fo demand payment of amwonts duc. Notice of Dishonor* means the riglt w require the Note Haldcr to give notice to other persons thot aniounts dae have not been paid 10. UNIFORM SECURED NOTE ‘This Note ts a uniform instrament with Hi ist variations in same jurisiticlions. In aldidion to the prctections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the same date as thls Note, protects the Note Hoiter from possible losses which might resull #1 do not keep the promises which I make in this Note. That Security Jnsuument describes kow and under what conditions I may he required to make immediate payment in full of all amounts { owe under sis Note, Some of those conditions are described 2s follows: FLORDAPIRTS HATE NOVE-SHig Ponly-toanie MacPTadGs oe Sp wtFoam FW amet Spe, e902 ¢ Pano Jf.all or any part of the Property or any Interest in the Properiy is sold or transferred fer iP Borrower is net a natural person and a beneficial interest in Borrower is sald ur teansferred) without Lender's prior written consent, Lender may require inimedinte paysent in full of all sums secured by this Security Instramest, However, this optiou shall noi be exercised ly Lender if such exercise is probibited by Applicable Law. If Lender exercises (his option, Louder shail give Borrower notice of acceleration. The notice shall provide a pertod of nol less than 30 days from the dale (ie notlee fs given in accordance with Section 15 wilhin which Boreower must pay all sums sewed by lis Security Insteument, Borrower fails to pay these suns prior fa chy explration of this period, Lender may fuvcke any remedies permitted by this Sec iy Instrument without further notice or demand on Borrower. uw DOCUMENTARY TAX The state docunientary tax due on this Note has been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL.(S) GF THE UNDERSIGNED, (heath WANDA AGOSTO brofo V7 (Seal) Borrower tLY, Lael RAFREL AGOSTO/” Brower Seal (Seal) (Seal) -Borrower Borrower (Seal) (Seat) +Borrower “Borrower {Sign Origisal Only} FLORA PRED RATE NOTE Single Paraly-Farne MeMncdae Mae Borer BETE TOT acme ei a BUEOEE Page J of 3 fniens Pay to TMi onteR OF ~ epee wrauy RECO! URS WHEY NORYGARENIOLUTIONS, REC. ACALIFORWA: PORATION Gi iotody, & *#,5, Bagnk National Associ on, as Successor Trustee to Bank of Auerica, National Assocdation.aa successor by nerger to LaSalle Bank National Assoc lation, us Trustee for Ownkt Mortgage Loan Asset~Backed Certificat Series 2006- “ Loan Nunibex: saimailigiineg PREPAYMENT PENALTY NOTE ADDENDUM For a valuable consideration, receipt af which is hereby acknowledged the undersigned ageec that ceriaie Promissory Note of even date to which this Addendum is attached, shail be subject to the following provisions, notwithstanding any provisions (0 the contrary contained in sald promissory note or the Deed of Trust, Mortguge, Real Estate Mortgage, Security Deed (Seowity instrament) socuring sant, This Addendim is attached to and made a pat! of that cedlain Promissory Note given by WANDA AGOSTO, RAPAEL AGOSTO {Berrewer} lu OWNIT MORTGAGE SOLUTIONS, INC, (Lender), dated JULY 11, 2006 -Wwhich Nole isin the prnetiat amount of § 142, 400.00 PREPAYMENT PENALTY Afier ‘THREE, 3 ) full years from the date hereof, maker aay pre ry in whole or in part, without penalty, tie Gen outstanding principal balance. {u the event maker pregays any portion of the anistanding principal balance and accrued interest ducing the Hirst THREE 3 ) years frei the date hereof, Maker shall pay in addition to such peepayteal a penalty it an amount equal to a percenlage of the Principal portion of the amount so pre-puld in accordance with the following: If paid during the first year from the date heroof, THRES percent (3,000 %} of the portion of such prepayment equal te the principal amount so prepsid. Uf paid during the second yeur from the dale hereo!, TWO pereoat (2.000 %) of the portion of such prepayment equat to the principal acaount sa prepaid. If pald during tte third year from the date hereof, ONE, percent (2.009 9%) of the portion of such prepayment equal 40 the prixeigel amount so prepaid. AP peid duving the fourth year Geom she date hereof, N/A purcent{ N/A 9 of the portion of such peeyaymen! equal lo the principal amonut so prepaid. IC paid during the fifth year from the date hereof, N/A perce (N/A %) atthe portion of such prepayment equal to dhe principal aanount so propald. Holder shall apply any pre} payment Grst to reduce any Interest and charges owing. at ihe ume of such prepayment and then te reduce dle amout ‘of principal owed umier this Note, provided that such batance shall te applied to the principal in veverse ordey of the due date of each payment and shall not otherwise alfect or delay dhe due date of the ext payment under the Nove, la Borrower WANDA AGOSTO bob af las §\ ate SLL Agde Borroyter RAFAEL #GOSTO alu Baie ly Borrower Date Borrower Date Barvower Date Borrower Date PREPAYMENT PENALTY NOTE ADDERDERT que Spans ac HB) 61202 Appa