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Filing #61229734 E-Filed 08/31/2017 07:43:03 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR ORANGE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
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; WANDA I. AGOSTO A/K/A
WANDA AGOSTO A/K/A WANDA
AGOSTO RODRIGUEZ; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR
OWNIT MORTGAGE SOLUTIONS, INC.;
ORANGE COUNTY, FL; THE
INDEPENDENT SAVINGS PLAN
COMPANY DBA ISPC; U.S. BANK
NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE CBASS
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-SL1; ANY
AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER,
AND AGAINST THE HEREIN NAMED
INDIVIDUAL DEFENDANT(S) WHO
ARE NOT KNOWN TO BE DEAD OR
ALIVE, WHETHER SAID UNKNOWN
PARTIES MAY CLAIM AN INTEREST
AS SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS,
Defendant(s).
/
PAGE 1
17-042242
VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE
Plaintiff, 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, sues the
Defendants and alleges:
COUNT I~ MORTGAGE FORECLOSURE
This is an action to foreclose a mortgage on real property in ORANGE County, Florida.
2. The Court has jurisdiction over the subject matter.
3 On or about July 11, 2006, WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A
WANDA AGOSTO RODRIGUEZ and RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO
executed and delivered a promissory note. A copy of the Note is attached hereto as Exhibit “A”.
4 On or about July 11, 2006, WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A
WANDA AGOSTO RODRIGUEZ and RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO
executed and delivered a mortgage securing payment of the Note to OWNIT MORTGAGE
SOLUTIONS, INC. The Mortgage was recorded on August 16, 2006, in Official Record Book
08810, at Page 1152, of the Public Records of Orange County, Florida, and encumbered the
property described in the Mortgage then owned by and in possession of the Mortgagors, a copy
of the Mortgage being attached hereto as Exhibit “B”. The Mortgage and Note (collectively
“Loan Documents”) were modified pursuant to a Modification Agreement recorded on May 28,
PAGE 2
17-042242
2009 in Official Record Book 9878, at Page 3258, of the Public Records of Orange County,
Florida. Attached hereto is a copy of the Loan Modification Agreement as Exhibit “C”.
5 The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right,
title, claim, lien or interest arising out of Mortgagors or the Mortgagors’ predecessor(s) in
interest.
6. Plaintiff is the holder of the original Note secured by the Mortgage and is entitled to
foreclose pursuant to Florida Statute 673.3011(1).
7 Ocwen Loan Servicing, LLC (“Ocwen”) is the loan servicer for this particular loan.
Plaintiff has delegated Ocwen the authority to service the loan on its behalf pursuant to a Limited
Power of Attorney.
8 Defendant(s) have defaulted under the Note and Mortgage by failing to pay the payment
due as of September 01, 2012, and all subsequent payments.
9. Plaintiff declares the full amount payable under the Note and Mortgage to be due, except
to the extent any part of that amount is or would be subject to a statute of limitations defense.
10. Defendant(s) owe Plaintiff $153,483.35 that is due and owing on principal on the Note
and Mortgage, plus interest from and after August 01, 2012, and title search expenses for
ascertaining necessary parties to this action, pursuant to the documents attached, except for those
defendants who have been discharged in bankruptcy.
ll. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem
Taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be
required to make such advances during the pendency of this action. Any such sum(s) so paid will
also be due and owing to the Plaintiff.
PAGE 3
17-042242
12. The property is now owned by Defendants, WANDA I. AGOSTO A/K/A WANDA
AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ and RAFAEL AGOSTO A/K/A RAFAEL
O. AGOSTO, and the record legal title to said mortgaged property is now vested in Defendants,
WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ
and RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO, who now hold possession.
13. All conditions precedent to the acceleration of this Mortgage Note and to foreclosure of
the Mortgage have occurred, been satisfied or been waived.
14. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is
entitled to recover its attorneys’ fees pursuant to the express terms of the Note and Mortgage.
15. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior,
inferior and subject to the prior claim of Plaintiff.
16. Any interest in the property inuring to the Defendant, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS NOMINEE FOR OWNIT MORTGAGE SOLUTIONS,
INC., is subordinate and inferior to the lien of Plaintiff's Mortgage, including, but not limited to,
MORTGAGE recorded August 16, 2006, in Official Record Book 08810, at Page 1168, of the
Public Records of Orange County, Florida.
17. Any interest in the property inuring to the Defendant, ORANGE COUNTY, FL, is
subordinate and inferior to the lien of Plaintiff's mortgage, including, but not limited to, ORDER
IMPOSING ADMINISTRATIVE FINE/LIEN recorded August 13, 2015, in Official Record
Book 10967, at Page 4264, of the Public Records of Orange County, Florida, and FINDINGS OF
FACT, CONCLUSIONS OF LAW AND ORDER recorded December 5, 2013, in Official
Record Book 10672, at Page 9052, of the Public Records of Orange County, Florida, and
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17-042242
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER recorded May 12, 2015, in
Official Record Book 10918, at Page 1211, of the Public Records of Orange County, Florida.
18. Any interest in the property inuring to the Defendant, THE INDEPENDENT SAVINGS
PLAN COMPANY DBA ISPC, is subordinate and inferior to the lien of Plaintiff's Mortgage,
including, but not limited to, FINAL JUDGMENT AS TO RAFAEL AGOSTO A/K/A RAFAEL
O. AGOSTO recorded May 22, 2012, in Official Record Book 21135, at Page 1512, of the
Public Records of Hillsborough County, Florida, and FINAL JUDGMENT AS TO RAFAEL
AGOSTO A/K/A RAFAEL O. AGOSTO re-recorded June 19, 2012, in Official Record Book
10395, at Page 1384, of the Public Records of Orange County, Florida, and FINAL JUDGMENT
AS TO WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA AGOSTO
RODRIGUEZ recorded February 7, 2012, in Official Record Book 20940, at Page 1400, of the
Public Records of Hillsborough County, Florida, and FINAL JUDGMENT AS TO WANDA I.
AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ re-recorded
March 20, 2012, in Official Record Book 10349, at Page 2908, of the Public Records of Orange
County, Florida, and STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING
STATEMENT FORM recorded November 21, 2006, in Official Record Book 08979, at Page
4440, of the Public Records of Orange County, Florida, and STATE OF FLORIDA UNIFORM
COMMERCIAL CODE FINANCING STATEMENT AMENDMENT FORM recorded October
4, 2011, in Official Record Book 10276, at Page 0344, of the Public Records of Orange County,
Florida, and STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING
STATEMENT AMENDMENT FORM recorded September 8, 2016, at Instrument
20160471846, of the Public Records of Orange County, Florida.
PAGE 5
17-042242
19. Any interest in the property inuring to the Defendant, U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE CBASS MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-SL1, is subordinate and inferior to the lien of Plaintiffs
mortgage, including, but not limited to. MORTGAGE recorded August 16, 2006, in Official
Record Book 08810, at Page 1168, of the Public Records of Orange County, Florida, and
MODIFICATION AGREEMENT recorded September 25, 2009, in Official Record Book 9939,
at Page 8613, of the Public Records of Orange County, Florida.
20. Any and all unknown parties claiming by, through, under, and against the herein named
individual Defendant(s) who are not known to be dead or alive, whether said unknown parties
may claim an interest as spouses, heirs, devisees, grantees, or other claimants, are joined as
Defendants herein. The claims of said Defendants are subordinate, junior, and inferior to the
interest of the Plaintiff.
WHEREFORE, Plaintiff demands judgment foreclosing the Mortgage, for costs (and,
when applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay
Plaintiff's claim, a deficiency judgment. Request that subject to any applicable statute of
limitations, that the Court ascertain the amount due to Plaintiff for principal and interest on the
Mortgage and Note and for late charges, abstracting, taxes, expenses and costs, including
attorney’s fees, plus interest thereon; that if the sums due Plaintiff under the Mortgage and Note
are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the
Property securing the indebtedness to satisfy the Plaintiff's Mortgage lien in accordance with the
provisions of Florida Statutes §45.031 (2011); that the rights, title and interest of any Defendant,
or any party claiming by, through, under or against any Defendant named herein or hereinafter
PAGE 6
17-042242
made a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the
Property and of the rents, issues, income and profits thereof, or in the alternative, order
sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006);
and that the Court retain jurisdiction of this action to make any and all further orders and
judgments as may be necessary and proper, including the issuance of a writ
[THIS SPACE IS INTENTIONALLY LEFT BLANK]
PAGE 7
17-042242
of possession and the entry of a deficiency judgment decree, when and if such deficiency decree
shall appear proper, if borrower(s) has not been discharged in bankruptcy.
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
Executed on this 22% day of eiiagcasd 2077
By
Print
y Hloene Lost
Title:
_oman
Sate wpe On
Ocwen Loan Se icing, as Attorney-in-fact for
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
Borrower: WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA.
AGOSTO RODRIGUEZ RODRIGUEZ and
RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO
Address: 6826 DERRICK DR
ORLANDO, FL 32818
File #: 17-042242
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Counsel for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
ie Olivia Soden, Esq., Florida Bar No. 97086, Email Address: osoden@rasflaw.com
PAGE 8
17-042242
a
° ees
NOTE meee
JULY 11 2006 st PETERSBURG FLORIDA
icity ate)
6826 DERRICK DRIVE, ORLANDO, FLORIDA 32818
. Property Address}
1 BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S.$ 142,400.00 (this amount
is called "Principal"), plus interest, to the order of the Lender. The Lender is OWNIT MORTGAGE
SOLUTIONS INC A CALIFORNIA CORPORATION
T will make all payments under this Note in the form of cash, check or money order.
Tunderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by
transfer and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 7
‘The interest rate required by this Section 2 is the rate I will pay both before and after any default
described in Section 6(B) of this Note.
3 PAYMENTS
(A) Time and Place of
I will pay. principal and interest by making a payment every month
1 will make my monthly payment on the 1st day of each month beginning on SEPTEMBER 1
2006 Twill make these payments every month untit I have paid all of the principal and interest and any
other charges described below that I may owe under this Note. Each monthly payment will be applied as of
its scheduled due date and will be applicd to interest before Principal. If,on AUGUST 1
2036 .T still owe amounts under this Note, I will pay those amounts in full on that date, which is called
the “Maturity Date.”
I will make my monthly payments at PO BOX 4387 HOUSTON, TEXAS 77210-4387
or at a different place if required by the Note Holder.
®) Amount of Monthly Pay
My monthly payment will be in the amount of U.S. $972.42
4, BORROWER'S RIGHT TO PREPAY ** See attached Prepayment’ Note Addendum
Thave the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a ‘Prepayment ‘When I make a Prepayment, I will tell the Note Holder in writing that I am doing so.
I may not designate a payment as a Prepayment if| have not made all the monthly payments due under the Note.
T may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder
vill use my Prepayments {0 reduce the amount of Principal that I owe under this Note, However, the Note Holder
may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my
Prepayment o reduce the Principal amount of the Note. If! make a partial Prepayment, there will be no changes
in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessaryto reduce the charge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct
payment (o me. Ifa refund reduces Principal, the reduction will be treat partial Prepayment
e—
FORIDA FIRED RATE NOTE-Single Family-Fannie Mae/Freddie Mac Form 3210 WOT
Docume Systems, I. (800) 649.4362 1 1of3
EXHIBIT
21040
6. BORROWER'S F ‘AILURE TO PAY AS REQUIRED
for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge
will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge
prompily but only once on each late payment,
)
IfI do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
IfI am in. default, the Note Holder may send me a written notice telling me that ifI do not pay the
overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of
Principal which has not been paid and all the interest that I owe on that amount. That date must be at least
30 days after the date on which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at atime when Iam in default, the Note Holder does not require me to pay immediately in full
as described above, the Note Holder will still have the right to do so if Lam in default at a later time.
Pay of Note Holder's Costs and
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for ail of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees.
1. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note
will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a
different address if I give the Note Holder a notice of my different address.
Any notice that must be given'to the Note Holder under this Note will be given by delivering it or by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different
address if I'am given a notice of that different address.
8. 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 lakes over
these obligations, including the obligations ofa guarantor, surety or endorser of this Note, is also obligated
to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against
each person individually or against all of us together. This means that any one of us may be required to pay
all of the amounts owed under this Note.
9. WAIVERS
Tand any other person who has obligations under this Note waive the rights of Presentment and Notice
of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due.
"Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts
due have not been paid.
10. UNIFORM SECURED NOTE
‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition (0 the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the
“Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which
might result ifT do not keep the promises which I make in this Note. That Security Instrument describes how
and under what conditions I may be required to make immediate payment in full of all amounts I owe under
this Note, Some of those conditions are described as follows:
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PREPAYMENT PENALTY NOTE ADDENDUM
For a valuable consideration, receipt of which is hereby acknowledged the undersigned agree that certain Promissory
Note of even date to which this Addendum is attached, shall be subject to the following provisions, notwithstanding
any provisions to the contrary contained in said promissory note or the Deed of Trust, Mortgage, Real Estate
Mortgage, Security Deed (Security Instrument) securing same.
This Addendum is attached to and made a part of that certain Promissory Note given by WANDA AGOSTO,
RAFAEL AGOSTO
(Borrower) to
OWNIT MORTGAGE SOLUTIONS, INC.
(Lender), dated
JULY 11, 2006 Which Note is in the principal amount of $ 142,400.00
PREPAYMENT PENALTY
After THREE (3 ) full years from the date hereof, maker may pre-pay in whole or in part,
without penalty, the then outstanding principal balance. In the event maker prepays any portion of the outstanding
principal balance and aécrued interest during the first THREE (3 ) years from
the date hereof, Maker shall pay in addition to such prepayment a penalty in an amount equal to a percentage of the
principal portion of the amount so pre-paid in accordance with the following:
If paid during the first year from the date hereof, THREE percent ( 3.000 %)
of the portion of such prepayment equal to the principal amount so prepaid.
If paid during the second year from the date hereof, TWO percent (2.000 %)
of the portion of such prepayment equal (o the principal amount so prepaid.
If paid during the third’ year from the date hereof, ONE percent (1.000 %)
of the portion of such prepayment equal to the principal amount. so prepaid
If paid during the fourth year from the date hereof, N/A. percent( N/A %)
of the portion of such prepayment equal to the principal amount so prepaid.
If paid during the fifth year from the date hereof, N/A percent( N/A %)
of the portion of such prepayment equal to the principal amount so prepaid.
Holder shall apply any’prepayment first to reduce any interest and charges owing at the time of such prepayment and
then to reduce the amount of principal owed under this Note, provided that such balance shall be applied to the
principal in reverse order of the due date of each payment and shall not otherwise affect or delay the due date of the
Borrower WANDA AGOSTO
MO
ate
Lj.
Borroer RAFAEL GOSTO
ul
Date
Borrower Date Borrower Date
Borrower Date Borrower Date
PREPAYMENT PENALTY NOTE ADDENDUM
Document Systems,ae. (8D) 64.1362
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INSTR 20060539536
8K GLHION BC.
1ONW. SERVICES, 9 R BK @861@ PG 1152
MARTHA 0. HAYNIE,
PGS=16
COMPTROLLER
ORANGE COUNTY, FL
This Instrument Prepared By: 8/16/2006 B2:22:24 PH
NTG DOC TAX 498.48
INTANG TAX 284.8@
REC FEE 137.58
After Recording Refurn To:
OWNIT MORTGAGE SOLUTIONS, INC.
27349 AGOYRA ROAD, SUITE 100
AGOURA HIPLS eens, 91301
Loan Nut
{Space Above This Line For Recording Datal
MORTGAGE
aa
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regardingthe usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated JULY 11, 2006 . together
with all Riders to this document.
8) "Borrower" is WANDA AGOSTO AND RAFAEL AGOSTO, WIFE AND HUSBAND
Borrower is the mortgagor under this Security Instrument.
{C) "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 mortgagee 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, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is OWNIT MORTGAGE SOLUTIONS, Inc,
Lender is a CALIFORNIA CORPORATION
and existing under the laws of CALIFORNIA
Lender's address is 27349 AGOURA ROAD, SUITE 100, AGOURA HILLS,
CALIFORNIA 91301
(E) "Note" means the promissory note signed by Borrower and dated JULY 11, 2006
‘The Note states that Borrower owes Lender ONE HUNDRED FORTY-TWO THOUSAND FOUR
HUNDRED AND 00/100 Dollars (US.$ 142,400.00 ) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
AUGUST 1, 2036
©) "Property" means the property that ‘is described below under the heading "Transfer of Rights in the Property."
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(G)_ "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower [check box as applicable]:
(1 Adjustable Rate Rider (O Planned Unit Development Rider
(5 Balloon Rider (0 Biweekly Payment Rider
( 1-4 Family Rider () Second Home Rider
() Condominium Rider 2] Other(s) {specify]
("Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
G) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
01 jon.
{K) "Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items” means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (1i) condemnation or other taking of all or any part of the Property; (ii) conveyance in
liew of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N)_ "Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(Q) "Periodic Payment” means the regularly scheduled amount due for (f) principal and interest under the Note,
plus (i) any amounts under Section 3 of this Security Instrument.
(©) “RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time (o time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument,
RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan”
even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
(Q) "Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that
party has assumed Borrower's obligations under the Note and/or this Security Instrument.
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TRANSFER OF RIGHTS IN THE PROPERTY
‘This Security Instrument
secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications
of the Note; and (i) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.
For this purpose, Borrower does hereby mortgage, grant and convey (o 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 the
COUNTY of ORANGE
[Type of Recording Jurisdiction) [Name of Recording Jurisdiction}
HERETO AND MADE A PART HEREOF AS EXHIBIT "A".
ALP.N.: {sca3 08. 3804-06010
which currently has the address of 6826 DERRICK DRIVE
I
ORLANDO + Florida 32818 ("Property Address"):
{City} (2ip Coded
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 law 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 including, but not limited to, releasing and canceling
this Security Instrument,
BORROWER COVENANTS that Borrower is lawfully seised 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
i variations by jurisdiction to constitute a uniform security instrument covering real property.
FLORIDA-Sin le Farily-Fanne Maofredcie Mac UNIFORM INSTRUMENT - VERS octtegle Ears 200.48 7062
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UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall
pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,
Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in
one or more of the following forms, as selectedby Lender: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured
by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return
any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender
may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated (o apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hoid such unapptied funds
until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of
time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be
applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
‘which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due
under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2, Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(6) principal due under the Note; (c) amounts due under Section 3. Such payments shall be appiied to each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied o the delinquent payment and the late charge. If
more than one Periodic Payment is oustanding, Lender may apply any payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may
be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then
as described in the Note.
‘Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
insurance
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all Borrower
by Lender under Section 5; and (4) Mortgage Insurance premiums, if any, or any sums payable by
to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
‘These items are called "Escrow Items.” At origination or at any time during the term of the Loan, Lender may require
that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
FLORIDA-Si
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assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid
under this Section, Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender
Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,
Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
“covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to
a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section
9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount.
Lender may revoke the waiver asto any or all Escraw Items at any timeby a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds
at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA.
Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures
of future Escrow Items or otherwise in accordance with Applicable Law.
‘The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow ems, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree
in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an
annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for
the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessar
Preview
Filing #61229734 E-Filed 08/31/2017 07:43:03 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 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; WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR OWNIT MORTGAGE SOLUTIONS, INC.; ORANGE COUNTY, FL; THE INDEPENDENT SAVINGS PLAN COMPANY DBA ISPC; U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CBASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-SL1; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS, Defendant(s). / PAGE 1 17-042242 VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE Plaintiff, 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, sues the Defendants and alleges: COUNT I~ MORTGAGE FORECLOSURE This is an action to foreclose a mortgage on real property in ORANGE County, Florida. 2. The Court has jurisdiction over the subject matter. 3 On or about July 11, 2006, WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ and RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO executed and delivered a promissory note. A copy of the Note is attached hereto as Exhibit “A”. 4 On or about July 11, 2006, WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ and RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO executed and delivered a mortgage securing payment of the Note to OWNIT MORTGAGE SOLUTIONS, INC. The Mortgage was recorded on August 16, 2006, in Official Record Book 08810, at Page 1152, of the Public Records of Orange County, Florida, and encumbered the property described in the Mortgage then owned by and in possession of the Mortgagors, a copy of the Mortgage being attached hereto as Exhibit “B”. The Mortgage and Note (collectively “Loan Documents”) were modified pursuant to a Modification Agreement recorded on May 28, PAGE 2 17-042242 2009 in Official Record Book 9878, at Page 3258, of the Public Records of Orange County, Florida. Attached hereto is a copy of the Loan Modification Agreement as Exhibit “C”. 5 The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out of Mortgagors or the Mortgagors’ predecessor(s) in interest. 6. Plaintiff is the holder of the original Note secured by the Mortgage and is entitled to foreclose pursuant to Florida Statute 673.3011(1). 7 Ocwen Loan Servicing, LLC (“Ocwen”) is the loan servicer for this particular loan. Plaintiff has delegated Ocwen the authority to service the loan on its behalf pursuant to a Limited Power of Attorney. 8 Defendant(s) have defaulted under the Note and Mortgage by failing to pay the payment due as of September 01, 2012, and all subsequent payments. 9. Plaintiff declares the full amount payable under the Note and Mortgage to be due, except to the extent any part of that amount is or would be subject to a statute of limitations defense. 10. Defendant(s) owe Plaintiff $153,483.35 that is due and owing on principal on the Note and Mortgage, plus interest from and after August 01, 2012, and title search expenses for ascertaining necessary parties to this action, pursuant to the documents attached, except for those defendants who have been discharged in bankruptcy. ll. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem Taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be required to make such advances during the pendency of this action. Any such sum(s) so paid will also be due and owing to the Plaintiff. PAGE 3 17-042242 12. The property is now owned by Defendants, WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ and RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO, and the record legal title to said mortgaged property is now vested in Defendants, WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ and RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO, who now hold possession. 13. All conditions precedent to the acceleration of this Mortgage Note and to foreclosure of the Mortgage have occurred, been satisfied or been waived. 14. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees pursuant to the express terms of the Note and Mortgage. 15. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and subject to the prior claim of Plaintiff. 16. Any interest in the property inuring to the Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR OWNIT MORTGAGE SOLUTIONS, INC., is subordinate and inferior to the lien of Plaintiff's Mortgage, including, but not limited to, MORTGAGE recorded August 16, 2006, in Official Record Book 08810, at Page 1168, of the Public Records of Orange County, Florida. 17. Any interest in the property inuring to the Defendant, ORANGE COUNTY, FL, is subordinate and inferior to the lien of Plaintiff's mortgage, including, but not limited to, ORDER IMPOSING ADMINISTRATIVE FINE/LIEN recorded August 13, 2015, in Official Record Book 10967, at Page 4264, of the Public Records of Orange County, Florida, and FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER recorded December 5, 2013, in Official Record Book 10672, at Page 9052, of the Public Records of Orange County, Florida, and PAGE 4 17-042242 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER recorded May 12, 2015, in Official Record Book 10918, at Page 1211, of the Public Records of Orange County, Florida. 18. Any interest in the property inuring to the Defendant, THE INDEPENDENT SAVINGS PLAN COMPANY DBA ISPC, is subordinate and inferior to the lien of Plaintiff's Mortgage, including, but not limited to, FINAL JUDGMENT AS TO RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO recorded May 22, 2012, in Official Record Book 21135, at Page 1512, of the Public Records of Hillsborough County, Florida, and FINAL JUDGMENT AS TO RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO re-recorded June 19, 2012, in Official Record Book 10395, at Page 1384, of the Public Records of Orange County, Florida, and FINAL JUDGMENT AS TO WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ recorded February 7, 2012, in Official Record Book 20940, at Page 1400, of the Public Records of Hillsborough County, Florida, and FINAL JUDGMENT AS TO WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ re-recorded March 20, 2012, in Official Record Book 10349, at Page 2908, of the Public Records of Orange County, Florida, and STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM recorded November 21, 2006, in Official Record Book 08979, at Page 4440, of the Public Records of Orange County, Florida, and STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT AMENDMENT FORM recorded October 4, 2011, in Official Record Book 10276, at Page 0344, of the Public Records of Orange County, Florida, and STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT AMENDMENT FORM recorded September 8, 2016, at Instrument 20160471846, of the Public Records of Orange County, Florida. PAGE 5 17-042242 19. Any interest in the property inuring to the Defendant, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CBASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-SL1, is subordinate and inferior to the lien of Plaintiffs mortgage, including, but not limited to. MORTGAGE recorded August 16, 2006, in Official Record Book 08810, at Page 1168, of the Public Records of Orange County, Florida, and MODIFICATION AGREEMENT recorded September 25, 2009, in Official Record Book 9939, at Page 8613, of the Public Records of Orange County, Florida. 20. Any and all unknown parties claiming by, through, under, and against the herein named individual Defendant(s) who are not known to be dead or alive, whether said unknown parties may claim an interest as spouses, heirs, devisees, grantees, or other claimants, are joined as Defendants herein. The claims of said Defendants are subordinate, junior, and inferior to the interest of the Plaintiff. WHEREFORE, Plaintiff demands judgment foreclosing the Mortgage, for costs (and, when applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay Plaintiff's claim, a deficiency judgment. Request that subject to any applicable statute of limitations, that the Court ascertain the amount due to Plaintiff for principal and interest on the Mortgage and Note and for late charges, abstracting, taxes, expenses and costs, including attorney’s fees, plus interest thereon; that if the sums due Plaintiff under the Mortgage and Note are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy the Plaintiff's Mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2011); that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereinafter PAGE 6 17-042242 made a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents, issues, income and profits thereof, or in the alternative, order sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdiction of this action to make any and all further orders and judgments as may be necessary and proper, including the issuance of a writ [THIS SPACE IS INTENTIONALLY LEFT BLANK] PAGE 7 17-042242 of possession and the entry of a deficiency judgment decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been discharged in bankruptcy. VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Executed on this 22% day of eiiagcasd 2077 By Print y Hloene Lost Title: _oman Sate wpe On Ocwen Loan Se icing, as Attorney-in-fact for 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 Borrower: WANDA I. AGOSTO A/K/A WANDA AGOSTO A/K/A WANDA. AGOSTO RODRIGUEZ RODRIGUEZ and RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO Address: 6826 DERRICK DR ORLANDO, FL 32818 File #: 17-042242 ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Counsel for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: mail@rasflaw.com ie Olivia Soden, Esq., Florida Bar No. 97086, Email Address: osoden@rasflaw.com PAGE 8 17-042242 a ° ees NOTE meee JULY 11 2006 st PETERSBURG FLORIDA icity ate) 6826 DERRICK DRIVE, ORLANDO, FLORIDA 32818 . Property Address} 1 BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.$ 142,400.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is OWNIT MORTGAGE SOLUTIONS INC A CALIFORNIA CORPORATION T will make all payments under this Note in the form of cash, check or money order. Tunderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7 ‘The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3 PAYMENTS (A) Time and Place of I will pay. principal and interest by making a payment every month 1 will make my monthly payment on the 1st day of each month beginning on SEPTEMBER 1 2006 Twill make these payments every month untit I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applicd to interest before Principal. If,on AUGUST 1 2036 .T still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date.” I will make my monthly payments at PO BOX 4387 HOUSTON, TEXAS 77210-4387 or at a different place if required by the Note Holder. ®) Amount of Monthly Pay My monthly payment will be in the amount of U.S. $972.42 4, BORROWER'S RIGHT TO PREPAY ** See attached Prepayment’ Note Addendum Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a ‘Prepayment ‘When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if| have not made all the monthly payments due under the Note. T may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder vill use my Prepayments {0 reduce the amount of Principal that I owe under this Note, However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment o reduce the Principal amount of the Note. If! make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessaryto reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment (o me. Ifa refund reduces Principal, the reduction will be treat partial Prepayment e— FORIDA FIRED RATE NOTE-Single Family-Fannie Mae/Freddie Mac Form 3210 WOT Docume Systems, I. (800) 649.4362 1 1of3 EXHIBIT 21040 6. BORROWER'S F ‘AILURE TO PAY AS REQUIRED for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge prompily but only once on each late payment, ) IfI do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default IfI am in. default, the Note Holder may send me a written notice telling me that ifI do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at atime when Iam in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if Lam in default at a later time. Pay of Note Holder's Costs and If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for ail of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 1. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given'to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I'am given a notice of that different address. 8. 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 lakes over these obligations, including the obligations ofa guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS Tand any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE ‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition (0 the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result ifT do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note, Some of those conditions are described as follows: FLORIDA FIXED RATE NOTE-Single Pamily-Fannie Mae/Preddie Mac 4a ui- Fora 3210 Wot Document Sysoms ne, (0) 649.1382 Page 2 of 3 F110. ~ PREPAYMENT PENALTY NOTE ADDENDUM For a valuable consideration, receipt of which is hereby acknowledged the undersigned agree that certain Promissory Note of even date to which this Addendum is attached, shall be subject to the following provisions, notwithstanding any provisions to the contrary contained in said promissory note or the Deed of Trust, Mortgage, Real Estate Mortgage, Security Deed (Security Instrument) securing same. This Addendum is attached to and made a part of that certain Promissory Note given by WANDA AGOSTO, RAFAEL AGOSTO (Borrower) to OWNIT MORTGAGE SOLUTIONS, INC. (Lender), dated JULY 11, 2006 Which Note is in the principal amount of $ 142,400.00 PREPAYMENT PENALTY After THREE (3 ) full years from the date hereof, maker may pre-pay in whole or in part, without penalty, the then outstanding principal balance. In the event maker prepays any portion of the outstanding principal balance and aécrued interest during the first THREE (3 ) years from the date hereof, Maker shall pay in addition to such prepayment a penalty in an amount equal to a percentage of the principal portion of the amount so pre-paid in accordance with the following: If paid during the first year from the date hereof, THREE percent ( 3.000 %) of the portion of such prepayment equal to the principal amount so prepaid. If paid during the second year from the date hereof, TWO percent (2.000 %) of the portion of such prepayment equal (o the principal amount so prepaid. If paid during the third’ year from the date hereof, ONE percent (1.000 %) of the portion of such prepayment equal to the principal amount. so prepaid If paid during the fourth year from the date hereof, N/A. percent( N/A %) of the portion of such prepayment equal to the principal amount so prepaid. If paid during the fifth year from the date hereof, N/A percent( N/A %) of the portion of such prepayment equal to the principal amount so prepaid. Holder shall apply any’prepayment first to reduce any interest and charges owing at the time of such prepayment and then to reduce the amount of principal owed under this Note, provided that such balance shall be applied to the principal in reverse order of the due date of each payment and shall not otherwise affect or delay the due date of the Borrower WANDA AGOSTO MO ate Lj. Borroer RAFAEL GOSTO ul Date Borrower Date Borrower Date Borrower Date Borrower Date PREPAYMENT PENALTY NOTE ADDENDUM Document Systems,ae. (8D) 64.1362 Syepna2 RT av ‘6 INSTR 20060539536 8K GLHION BC. 1ONW. SERVICES, 9 R BK @861@ PG 1152 MARTHA 0. HAYNIE, PGS=16 COMPTROLLER ORANGE COUNTY, FL This Instrument Prepared By: 8/16/2006 B2:22:24 PH NTG DOC TAX 498.48 INTANG TAX 284.8@ REC FEE 137.58 After Recording Refurn To: OWNIT MORTGAGE SOLUTIONS, INC. 27349 AGOYRA ROAD, SUITE 100 AGOURA HIPLS eens, 91301 Loan Nut {Space Above This Line For Recording Datal MORTGAGE aa DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regardingthe usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JULY 11, 2006 . together with all Riders to this document. 8) "Borrower" is WANDA AGOSTO AND RAFAEL AGOSTO, WIFE AND HUSBAND Borrower is the mortgagor under this Security Instrument. {C) "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 mortgagee 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, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is OWNIT MORTGAGE SOLUTIONS, Inc, Lender is a CALIFORNIA CORPORATION and existing under the laws of CALIFORNIA Lender's address is 27349 AGOURA ROAD, SUITE 100, AGOURA HILLS, CALIFORNIA 91301 (E) "Note" means the promissory note signed by Borrower and dated JULY 11, 2006 ‘The Note states that Borrower owes Lender ONE HUNDRED FORTY-TWO THOUSAND FOUR HUNDRED AND 00/100 Dollars (US.$ 142,400.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 1, 2036 ©) "Property" means the property that ‘is described below under the heading "Transfer of Rights in the Property." FLORIDA-si iningle Famiy-Fannie Maefredaie Mac UNIFORM INSTRUMENT - MERS octiee asdocmagle com Form 3010 Wh-Pa- EXHIBIT Foo10.mam Book8810/Page1 152 CFN#20060539530 Page 1 of 16 (G)_ "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: (1 Adjustable Rate Rider (O Planned Unit Development Rider (5 Balloon Rider (0 Biweekly Payment Rider ( 1-4 Family Rider () Second Home Rider () Condominium Rider 2] Other(s) {specify] ("Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. G) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar 01 jon. {K) "Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items” means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (1i) condemnation or other taking of all or any part of the Property; (ii) conveyance in liew of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N)_ "Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. (Q) "Periodic Payment” means the regularly scheduled amount due for (f) principal and interest under the Note, plus (i) any amounts under Section 3 of this Security Instrument. (©) “RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time (o time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan” even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. FLORIDA-Si Inge Family Fann Mao/Fredsie Mac UNIFORM INSTRUMENT - MERS Form 30 ae era bor woke F910. Book8810/Page1153 © CFN#20060539530 Page 2 of 16 TRANSFER OF RIGHTS IN THE PROPERTY ‘This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (i) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey (o 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 the COUNTY of ORANGE [Type of Recording Jurisdiction) [Name of Recording Jurisdiction} HERETO AND MADE A PART HEREOF AS EXHIBIT "A". ALP.N.: {sca3 08. 3804-06010 which currently has the address of 6826 DERRICK DRIVE I ORLANDO + Florida 32818 ("Property Address"): {City} (2ip Coded 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 law 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 including, but not limited to, releasing and canceling this Security Instrument, BORROWER COVENANTS that Borrower is lawfully seised 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 i variations by jurisdiction to constitute a uniform security instrument covering real property. FLORIDA-Sin le Farily-Fanne Maofredcie Mac UNIFORM INSTRUMENT - VERS octtegle Ears 200.48 7062 Form 3010 1 pr oh FoD10.men Book8810/Page1154 CFN#20060539530 Page 3 of 16 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selectedby Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated (o apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hoid such unapptied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim ‘which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2, Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (6) principal due under the Note; (c) amounts due under Section 3. Such payments shall be appiied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied o the delinquent payment and the late charge. If more than one Periodic Payment is oustanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. ‘Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the insurance Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all Borrower by Lender under Section 5; and (4) Mortgage Insurance premiums, if any, or any sums payable by to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. ‘These items are called "Escrow Items.” At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and FLORIDA-Si Form 3010 1 Fannily-Fannie MaeiFreddie Mac UNIFORM INSTRUMENT - MERS So ge be LR Po010.mm Book8810/Page1 155 CFN#20060539530 Page 4 of 16 assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section, Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver asto any or all Escraw Items at any timeby a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. ‘The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow ems, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessar