) Me Case #05 2009 CA Document Pa CO 70303 XXXX XX INTHE CIRCUIT COURT OF THE 18TH! JUDICIAL, CIRCUIT IN AND FOR BREVARD COUNTY FLORIDA GENERAL JURISDICTION DIVISION CASE NO Gag owyyds- - DEUTSCHE BANK TRUST COMPANY AMERICAS. AS TRUSTEE PLAINTIFF vs PEACIIFS DAVIS CORNELL DAVIS ANY ! 3 AND ALL UNKNOWN PARTIES CLAIMING : -2o2 8B a BY THROUGH UNDER AND AGAINST THE gat =z 2 HEREIN NAMED INDIVIDUAL, g259 29 DEFENDANT(S) WHO ARE NOT KNOWN TO Bez yw a BE DEAD OR ALIVE WHETHER SAID S92 S A UNKNOWN PARTIES MAY CLAIM AN B88 > INTEREST AS SPOUSES HEIRS DEVISEES aoe 5 GRANTEES OR OTHER CLAIMANTS JOHN “a4 2 @ DOE AND JANE DOE AS UNKNOWN Not Suttable for fenaaing e TENANTS IN POSSESSION DEEENDAN TS COMPLAINT TO FORECLOSE MORTGAGE AND TO ENFORCE LOST LOAN DOCUMENTS. Plaintiff sues the Defendant(s) and alleges COUNT THIS IS AN ACTION to foreclose a Morigage on real property in BREVARD County Florida Ths Court has jurisdiction over the subject matter herein (On MAY 26 2005 PEACHES DAVIS executed and delivered a Promissory Note and PEACHES DAVIS, A MARRIED WOMAN JOINED BY HER SPOUSE CORNELL DAVIS executed and delivered a PURCHASE MONEY Mortgage securing payment of the Note to the Payee named thereon The Mortgage was recorded on JUNE 3. 2005 1n Official Records Book 5477 at page 2549 of the Public Records of BREVARD County Florida and mortgaged the property described init then owned by and possessed by the Mortgagors copy of the Mortgage AND NOTE ARE attached hereto as "Exhibit A' Said mortgage was subsequently assigned to DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE by virtue of an assignment to be recorded ‘The Plaintiff owns and holds the Note and Mortgage ‘The property 1s now owned by the Defendant(s) PEACHES DAVIS sf living and if dead the unknown spouses heirs and beneficiaries of PEACHES DAVIS who hole(s) possession There 1s a default under the terms of the note and mortgage for the AUGUST | 2009 payment and all payments due thereafter All condi 1s precedent to the acceleration oF this Mortgage Note and to foreclosure of the Mortgage have been futfilled or have occurred The Plantlf dectares the full amount payable under the Note and Mortgage to be due “The bonowers owe Plaintiff $104 402 07 thats due sn prinypal on the Mortgage Note and Mortgage togeier wih interest from JULY 1.2009 late charges and all costs of collection mluding ttle search expenses for ascertammg necessary parties to this action and reasonable attorney s fees11 Plamntff ss obligated to pay its attorney a reasonable fee for his services rendered Defendants, John Doe and Jane Doe may claim an interest n the property described 1n the Mortgage as tenants pursuant to a lease agreement either written or oral Said interests subject subordinate and inferior to the len of the Mortgage held by Plaintft 13 Inaddition to all other named defendants the unknown spouses heirs devisees grantees assignees creditors trustees successors in interest or other parties claiming an interest an the subject property by through under or against any of said defendants whether natural or corporate who are not known to be ahve or dead dissolved or existing are joined as defendants herein The claims of any of said parties are subject subordinate and inferior to the interest of Plamntff 14 The Defendant CORNELL DAVIS 1s joined because HE may claim some interest n or lien upon the subject property by virtue ofa possible homestead interest Said interest 1s subyect subordinate and inferior to the interest of the Plainnif’s mortgage WHEREFORE Plantff prays. That an accounting may be had and taken under the direction of this Court ‘of what is duc the Plaintiff for prinrpal and interest on said Mortgage and Mortgage Note and for the costs charges, and expenses ancluding attorney's fees and ttle search costs and advancements which PlantfT may be put to or sncur mn and about ths srt and that the Defendants found responsible for same be ordered to pay the Plaintiff herein the amounts so found to be due it that n default of such payments all right title mnterest claim demand or equity cof redemption ofthe Defendants and all other persons clauming by through under or against said Defendants since the filng of the Lis Pendens herein be absolutely barred and foreclosed and that said mortgage property be sold under the direction of this Court that out ofthe proceeds of said sale the amounts due the Plaintiff may be pad so far as same will suffice and that a deficieney judgment be entered if applicable and only in the event no Order of Discharge of Personal Liability un Bankruptcy has been entered as to any of the Defendants who signed the subject Note and Mortgage and a Writ of Possession be issued COUNT 15. This san action to enforce a lost destroyed or stolen promissory note and Mortgage under Fla Stat $673 3091 16 OnMAY 26 2005 PEACHES DAVIS executed and delivered a Promissory Note and PEACHES DAVIS A MARRIED WOMAN JOINED BY HER SPOUSE CORNELL DAVIS executed and delivered a Mortgage securing payment of the Note to the payee named thereon 17 The Mortgage was recorded on JUNE 3. 2005 in Official Records Book $477 at page 2549 of the Public Records of BREVARD County Florida a substantial copy of the Mortgage being attached hereto as composite Exhibit “Ato the Plantif’s original Complaint herein 18 The Plamuff s not presently in possession ofthe orginal Note and Mortgage However 4) Plaintffhas directly or mlirectly acquired ownership ofthe Note and Mortgage from a person ‘who was entitled to enforce Them when the oss of possession occurred b) the oss of possession was not the result ofa transfer by PlannufFor lawful seizure and ©) the Plamnuf cannot reasonably obtain possession ofthe Note and Morigage because THEIR whereabouts cannot be determined19 Acopy of the Note 1s attached hereto as Exhibit “A, 20 The Plaintiff will agree to entry of a Final Judgment of Foreclosure wherein it will be required to indemnify and hold harmless Defendant(s) PEACHES DAVIS from any loss they may incur by reason ofa claum by another person to enforce the lost Note and Mortgage WHEREFORE, Plainnff requests entry of judgment confirming its night to enforce the lost Note and. Mortgage under Fla Stat §673 3091 ‘TO ALL DEFENDANTS PLEASE NOTE EFFECTIVE OCTOBER 13, 2006, 15 US C §1692G OF THE FAIR DEBT COLLECTION PRACTICES ACT HAS BEEN AMENDED AS FOLLOWS (a) LEGAL PLEADINGS - Section 809 of the Fair Debt Collection Practices Act (15 USC 1692g) 1s amended by adding at the end the following new subsection "(d) Legal Pleadings ~ A communication in the form of a formal pleading mn a cil action shall not be treated as an tal communication for purposes of subsection (a) MARC BROWN mown OSE Mea Met ws son nen HorenepiePREPARED BY Name DENISE TANNER Adress MFC Mortgage Inc_of FL Vy 851 TRAFALGAR CT 3RD FLOOR c#N 2005196480 0603 200508 37 am MAITLAND, FL 32751 OR BoowPage 5477 | 2549 PREPARED BY AND RETURN TO a ‘ADAMS TITLE INC ‘ADNORAM 4610 LIPSGOMB STREET NE, #3 ‘3995 W FIRST STREET cele SANFORD, FL 32771 Scott Eins Clerk 01 Couts Brevard County #Po0 12 anemes @ Tust 660 Recor 09 ser. 000 ne ap ase tng” Sora we 2435 Space Above « MORTGAGE MIN 100293200001046036 DEFINITIONS ‘Words used sn smultiple sections ofthis document are defined below and other words are defined in Sect and 21 Certain rules regarding the usage of words used inthis document are also provided in Section 16 311 13 18 20 (A) “Security Instrument” means this document which s dated May 26, 2005, together wath al Riders to this document (B) “Borrower” 1s PEACHES DAVIS, A MARRIED WOMAN , JOINED BY HER SPOUSE CORNELL DAVIS ‘Borrower 1s the mortgagor under this Secunty Instrument (©) SMERS" 1s Mortgage Electronic Registration Systems Inc MERS 18 a separate corporation that 1s acting solely as & rnomunee for Lender and Lender ¢ successors and assigns MERS Is the mortgagee under this Security Instrument MERS ts organized and existing under the laws of Delaware and has an address and telephone number of PO Box 2026 Flint MI 48501 2026 tel (888) 679 MERS (D) “Lender's MFC MORTGAGE, INC OF FLORIDA Lender isa a Corporation organized and existing under the laws of FLORIDA, Lender s address 1s 851 TRAFALGAR COURT - THIRD FLOOR, MAITLAND, Flonda 32751 (©) “Note” means the pronussory note signed by Borrower and dated May 26, 2005 ‘The Note states that Borrower owes Lender One Hundred Ten Thousand Six Hundred Seventy Five and no/100 Dollars (U S $410,675 00 ) plus interest Borrower has promised to pay this debt in regular Pentodie Payments and to pay the debt an full not later than Jume 04, 2035 (&)_ “Property” means the property that 1s desenbed below under the heading “Transfer of Rights in the Property FLORIDA—Single Famly—Fanmle Mac/Preddle Mac UNIFORM INSTRUMENT orm 30101 rrewoes. eo)-MeRs (Page of 12 pa0er) tte 599 0S ERT Rist ‘0000104603 ld4a? 4 Ae(©) “Lm nme toes by te ae posses ay pment che od ae er (H) “Riders” means all Riders to ths Secunty Instrument that are executed by Borrower The following Riders are to be ‘executed by Borrower [check box as applicable] (J asnsiabieRate Rider 5) Condommum Rider second Home Rider [1 atoon Rider [J rtanned Unit Development Rider] one fapety] (711 4 Family Rider (1 Biweekly Payment Rader (“Applicable Law” means all controlling appheable federal state and local statutes regulauons ordinances and administrauve rules and orders (What have the effect of law) as well as all applicable final non appealable judicial opimions G) “Community Assoclation Dues, Fees, and Assessments” means all dues fees assessments and other charges that are imposed on Borrower or the Property by a condormum association homeowners association or simular organization (K) “Blectronle Funds Transfer” means any transfer of funds other than a transaction ongiated by check draft or simular paper mstrument which is initiated through an electrome terminal telephone mstrument computer or magnetic tape so as to order instruct, or authorvze a financial mstitubon to debit or credit an account Such term includes but 1s not lumuted to pomt of sale transfers automated teller machine transactions transfers imtiated by telephone wire transfers and automated clearinghouse tansfers (L)_“Eserow Items” means those tems that are described sn Section 3 (M) “Miscellaneous Proceeds” means any compensation settlement award of damages or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for (1) damage to or destruction of the Property (1s) condemnation or other taking of all or any part of the Property, (11) conveyance in lew of condemnation or (Gv) mistepresentations of or omissions as othe value and/or condition of the Property (N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of or default on the Loan (0) “Perlodie Payment” means the regularly scheduled amount due for () principal and interest under the Note plus (1) any amounts under Section 3 of this Secunty Insteunment (P) “RESPA” means the Real Estate Setlement Procedures Act (12. US C_§2601 et seq ) and sts implementing regulation Regulation X (24 CFR Part 3500) as they mght be amended from tume to lume or any additional or successor legislation or regulation that governs the same subject matter As used inthis Secunty Instrument RESPA refers to all requirements and restrieuons that are imposed in regard to a federally related morgage 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 ule to the Property whether or not that party has ‘assumed Borrower s obligations under the Note and/or this Secumty Instrument ‘Een 2005196480 oRBoowirage 5477 | 2550 FLORIDA—Suigle Fansly—Pannle MaefFredle Mae UNIFORM INSTRUMENT ccccoroseos Form 10 vet re srsi Wos}—MER® MFFL3115 (Page 2of 12 pape) Toone ransom OM SR AFN 2005136480 TRANSFER OF RIGHTS IN THE PROPERTY oR BeowPage S477 / 2551 ‘Thus Secunty Instrument secures to Lender (j) the repayment of the Loan and all renewals extensions and modifications of the Note and (1) the performance of Borrower s covenants and agreements under this Secunty Instrument and the Note For Uns purpose Borrower does hereby mortgage grant and convey to MERS (solely as nomunee for Lender and Lender $ successors and assigns) and (o the successors and assigns of MERS, the following described property located im the COUNTY. of BREVARD Unype of Recording Yonsicon) (Name of Resa Fonsicton} a LOT 12, BLOCK 1143, PORT MALABAR, UNIT TWENTY-THREE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 46, PAGES 19 THROUGH 28, F THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA INCLUS! ‘which curently has the address of 1516 WEIAN RD SE PALM BAY Fonda Property Address en ac eee TOGETHER WITH all the amprovements now or hereafter erected on the property and all easements appurtenances and fixtures now or hereafter a past of the property All replacements and additions shall also be covered by this Secunty Instrument All of the foregomg 1 referred 10 1n ths Secunty Instrument as the Property Borrower understands and agrees that MERS holds only legal utle to the interests granted by Borrower in this Secunty Instrument but if necessary to comply with law or custom MERS (as nominee for Lender and Lender s successors and assigns) has the night to exercise any or all fof those interests including. but not limited to the right to foreclose and sell the Property and to take any action required of Lender includmg but not Inmted to releasing and canceling this Secunty Instrument BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the nght to rmorigage grant aud convey the Property and that the Property 1s unencumbered, except for encumbrances of record Borrower warrants and will defend generally the ule 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 Jhnuted vanations by junsdiction to constitute a uniform secunty instrument covering real property UNIFORM COVENANTS Borrower and Lender covenant and agree a 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 baer the Note Borrower shall also pay funds for Escrow Items pursuant to Secon 3 Payments duc under the Note and this Security Instrument shall be made in US currency However xf any check ogyothertnsirument received by Lagder payment under the Note or this Secunty Tasuument is returned 10 Lender unfatEender may require that ang or all Subsequent payments due under the Note and this Secunty Instrument be made in one or more ofthe following fOfms.as selected by Lender (a) cash (b) money order (c) certified check bank check treasurer s check or cashier s check provided any such check 18 drawn upon an msttabon whose deposits are insured by a federal agency itrumentalty oF entity. oF (a) Electron Funds Transfer FLORIDA—SugleFusnly—Pannle Maef#redle Moe UNIFORM INSTRUMENT cooootoegas Ferm go10 101 Tear (01 MERS FLONIS (Page 3of 12 pages) Toone moan HAESeber 1 2562 Payments are deemed received by Lender when received atthe location designated in the-¥ote or at such other location as may be designated by Lender m accordance with the notice provisions in Section 15 Lendgr may return any payment or partial payment ifthe payment or partial payments are insufficient to bring the Loan current Lender may accept any payment for partal payment insufficient to bring the Loan current wathout waiver of any rights hereunder or prejudice tous rights to refuse such payment or partial payments in the future but Lender 1s not obligated to apply such payments atthe time such payments are accepted If each Penodic Payment is applied as ofits scheduled due date then Lender need not pay interest on uunapplied funds Lender may hold such unapplied funds unt Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time Lender shall exter apply such funds or return them to Borrower If not applied earlier such funds will be applied to the outstanding prinespal balance under the Note immediately prior to foreclosure No offset or claim which Borrower might have now or ia the future agaunst Lender shall reheve Borrower from ‘making payments due under the Note and this Secunty Instrument or performing the covenants and agreements secured by this Seeunty Instrument 2 Application of Payments or Proceeds Exccpt as otherwise described in tus Section 2 all payments accepted land applied by Lender shall be applied in the following order of pronity (a) interest due under the Note (b) principal due under the Note (c) amounts due under Section 3 Such payments shall be applied to each Penodie Payment an the order in which it became due Any remaining amounts shall be apphed first to late charges, second to any other amounts due under {tus Securty Instrument, and then to reduce the principal balance ofthe Note If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount 0 pay any late charge due the payment may be applied to the delinquent payment and the late charge If more than one Periodic Payment is outstanding Lender may apply any payment received from Borrower to the repayment of the Periodic Payments af and to the extent that each payment can be pard in full To the exteat that any excess exists after the payment 1s 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 fire to any prepayment charges and then as described inthe 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 Eserow Items Borrower shall pay to Lender on the day Penodie Payments are due under the Note ‘until the Note 1s 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 Secunty Instrument as a lien or encumbrance on the Property, (b) leasehold ‘payments or ground rents on the Property sf any (c) premiums for any and all insurance required by Lender under Section 5 and (@) Mortgage Insurance premums af any or any sums payable by Borrower to Lender in lieu of the payment of ‘Mortgage Insurance premiums 1n accordance with the provisions of Section 10 These items are called Escrow Items At ‘ongunation or at any ume during the term of the Loan Lender may require that Community Association Dues Fees and ‘Assessments sf any be escrowed by Borrower and such dues fees and assessments shall be an Escrow Item Borrower shal promptly furnish to Lender all nouces of amounts to be pad under this Section Borrower shall pay Lender the Funds for Escrow Items unless Lender waves 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 winch payment of Funds has been waved by Lender and af Lender requires shall furmsh to Lender recerpts ‘evidencing such payment within such time period as Lender may require Borrower 8 obligation to make such payments and to provide recespis shal for all purposes be deemed to be a covenant and agreement contained in this Secunty Instrument as the phrase covenant and agreeinent 1s used in Section 9 If Borrower is obligated to pay Escrow Items directly pursuant 10 waiver and Borrower falls to pay the amount due for an Escrow Item Lender may exercise its nghts 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 as to any or all Escrow Items at any ume by a nouce given in accordance with Secon 15 and upon such revocation Borrower shall pay to Lender all Funds and in such amounts that are then required under this Seetion 3 Lender may at any time collect and hold Funds im an amount (a) sufficient to permut Lender to apply the Funds atthe lume specified under RESPA. und (b) not to exceed the maximuun amount a lender can require under RESPA Lender shall ‘estate the amount of Funds duc on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise n accordance with Applicable Law ‘The Funds shall be held an an institution whose deposts are insured by a federal agency mstrumentality or entity (including Lender sf Lender 1s an mstitution 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 RESRA Lender shall not charge Borrower for FLORIDA—SingleFarly-Fannle MaeFreddle Mac UNIFORM INSTRUMENT coocorodeos Form avie 101 Tess oot) MENS FFL 1S (Page 4 2 pages) eons emseamna eRe aFuzansi00400 ee holding and applying the Funds annually analyzing the escrow account or venfying the Escrow Items unless Lender pays Borrower interest on the Funds and Applicable Law perimts Lender to make such a charge Unless an agreement 1s made 1m ‘writing or Applicable Law requures interest to be paid on the Funds Lender shall not be required to pay Borrower any interest tr earnings on the Funds Borrower and Lender ean agree in wring however that interest shall be paid on the Funds Lender shall give to Borrower without charge an annual necounting of the Funds as required by RESPA If there 1s a surplus of Funds held in escrow as defined under RESPA Lender shall account to Borrower forthe excess funds 1n accordance with RESPA If there 1s a shortage of Funds hold in escrow as defined under RESPA Lender shall notify Borrower as required by RESPA and Borrower shall pay to Lender the amount nevessary to make up the shortage 1n accordance with RESPA but m no more than 12 monthly payments If there 1s a deficiency of Funds held 1n escrow as defined under RESPA Lender shall notfy Borrower as required by RESPA and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA but sn no more than 12 monthly payments ‘Upon payment in full ofall sums secured by this Secunty Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4 Charges, Liens Borrower shall pay all taxes assessments charges fines and impositons attnbutable to the Property which can attain pronty over this Securuty Instrument leaschold payments or ground rents on the Property sf any tnd Cominunity Association Dues Fees and Assessments ifany To the extent that these items are Escrow Items Borrower shall pay them inthe manner provided in Section 3 Borrower shall promptly discharge any len which has pnonty over this Secunty Instrument unless Borrower (a) agrees 1m waiting to the payment of the obligation secured by the lien sn a manner acceptable to Lender but only so long as Borrower 1s performing such agreement (b) contests the len in good fauth by or defends against enforcement of the lien in legal proceedings which in Lender s oprnion operate to prevent the enforcement of the lien whale those proceedings are pending but only unl such proceedings are concluded or (c) secures from the holder of the en an agreement satisfactory to Lender subordinating the lien to this Secunty Instrument If Lender determines that any part of the Property 1s subject to a then which ean alain prionty over ths Secunty Instrument Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that nouce 1s given Borrower shall sausfy the len or take one or more of the actions set forth above mn ths Section 4 Lender may require Borrower to pay a one time charge fora real estate tax verification and/or reporting service used by Lender in connection with this Loan S Property Insurance Borrower shall keep the unprovements now existing or hereafter erected on the Property insured against loss by fire hazards included within the term extended coverage and any other hazards including. but not luted to earthquakes and floods for which Lender requires insurance This msurance shall be maintained inthe amounts (including deducuble levels) and for the periods that Lender requires What Lender requires pursuant to the preceding sentences can change during the term of the Loan The insurance carer providing the insurance shall be chosen by Borrower subject to Lender s nght to disapprove Borrower $ choice which right shall not be exercised unreasonably Lender may require Borrower to pay im connection with this Loan either (a) « one ume charge for flood zone determination certification and tracking services or (b) @ one time charge for flood zone determination and certification services and subsequent charges each time remappings or simular changes occur which reasonably might affect such determination or ceruificauon Borrower shall also be responsible forthe payment of any fees imposed by the Federal Emergency Management ‘Agency in connection with the review of any flood zone determination resulting from an objection by Borrower If Borrower fals to maintain any of the coverages descnbed above Lender may obtain insurance coverage at Lender s ‘option and Borrower s expense Lender 1s under no obligation to purchase any particular type or amount of coverage ‘Therefore such coverage shall cover Lender, but might oF might not protect Borrower Borrower s equity inthe Property or the contents of the Property against any risk hazard of fibibty and might provide greater or lesser coverage than was previously im eflect Borrower acknowledges thatthe cost of the insurance coverage so obtamned might significantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section $ shall become additional debt of Borrower socured by this Secunty Instrument ‘These amounts shall bear anterest atthe Note rate from the date of disbursement and shall be payable with such interest upon notice from Lender {o Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subyect to Lender s nght to disapprove such policies shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee Lender shall have the night to hold the policies and renewal ceruficates If Lender requires Borrower shall promptly _gWe to Lender all receipts of pd premiums and renewal notices Tf Borrower objains any form of insurance coverage not FLORIDA—Suge Fauly—Fanne M/F rede Mae UNIFORM INSTRUMENT coocoroeson Form 210 uot eu ares (01) MERE MFFLONS (Page Saf 12 pases) eoueeat | eno MOR REM RT00480 Greooeee 5477 | 2554 otherwise required by Lender, for damage to oF destucuon of the Property such policy shall mclude a standard mortgage clause and shall name Lender as mortgagee and/or as an additonal loss payee Inthe event of loss Borrower shall give prompt notice tothe ssurance carer and Lender Lender may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree n wring any insurance proceeds, ‘whether or not the underlying insurance was required by Lender shall be applied to restoration or repair ofthe Property if the restoration o repar 1s ezonomically feasible and Lenders secunty is nt lessened During such repair and restoration peiod Lender shall have the nght to hold such insurance proceeds Unul Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lenders sauisfaction, provided that such inspection shall be undertaken promptly Lender may disburse proceeds for the repairs and restoration sn @ single payment or in a seres of progress payments asthe work is completed Unless an agreement is made in Writing oF Applicable Law requires interest to be pad on such surance proceeds Lender shall not be required to pay Borrower any uterestor earnings on such proceeds Fees for public adjusters or other third parties retuned by Borrower shall not be pard out of the msurance proceeds and shall be the sole obligation of Borrower Ifthe restoration or repax 8 not economcally feasible or Lenders secunty would be lessened, the msurance proceeds shall be applied to the sums secured by ths Secunty Instrument, whether or not then due wth the excess if any paid to Borrower Such insurance proceeds shall be applied inthe order provided for sn Secuon 2 It Borrower abandons the Property Lender may file negouate and sete any avaiable nsurance clam and related inatters If Borrower doesnot respond with 30 days toa noboe from Lender thatthe insurance camer has offered to settle & lam then Lender may negouate and see the claim The 30 day pered wall begin when the nouce 1s given In exher event or if Lender acquis the Property under Section 22 or otherwise Borrower hereby assigns to Lender (s) Borower sights to any msurance proceeds in an amount not to exceed the amounts unpaid under the Note or tis Securty Instrument and (©) any other of Borrower s nighs (ther than the nght to eny refund of uneamed premiums paid by Borower) under all insurance policies covering the Property msofaras such nghis are applicable tothe coverage of the Property Lender may use the msurance proceeds ether to repasr or restore the Property orto pay amounts unpaid under the Note or this Secunty Instrument whether or not then due 6 Occupancy Borrower shall occupy establish and use the Property as Borrower s principal residence within 60 days aftr the execuon of ths Secunty Instrument and shall conunue to occupy the Property as Borower s principal residence for atleast one year after the date of occupancy unless Lender otherwise agres i writing which consent shall not be unreasonably withheld or unless extenuating circumstances exist which are beyond Borrower s control 7 Preservation, Malntenance and Protection of the Property, Inspections Borrower shall ot destroy damage ‘or impair the Propeny ‘allow the Property to detenorate or commt waste on the Property Whether or not Borrower 1s residing m the Property Borrower shall manta the Property in order to prevent the Property from detenorating or decreasing mn value due t 15 condition Unless st 1s determined pursuant to Section $ that repair or restoration 18 not economically feasible Borrower shall prompllyrepar the Property if damaged to avord further detenoration or damage If insurance or condemnation proceeds ae pad in connecuon with damage to or the taking of the Property Borrower shal be responsible for repaunng oF restonng the Property only if Lender has released proceeds for such purposes Lender may disburse proceeds for the repaus and restoration in a single payment or ma series of progress payments as the work 1s completed If the msurance or condemnation proceeds are not suficent to repair or restore the Property Borrower 1s not relieved of Borrowers obligation for the completion of such repair or restoration Lender or ns agent may make reasonable eatnes upon and inspections ofthe Property IF has reasonable cnse, Lender snay inspect the intenor of the improvements on the Property Lender shall give Borrower nce atthe ume of or prior to such an tenor nspecuon specifying such reasonable cause 8 Borrower's Loan Application Borrower shall ben default sf, dung the Loan applicetion process Borrower or any persons or entes acing a the direction of Borrower or wilh Borrower s knowledge or consent gave mately false :msslendig or maccurate information or statements to Lender (o flled to provide Lender with matenal informauon) in connection with the Loan Material representations include but are not luted to representations concerning Borrower 5 ‘occupancy of the Property as Borrower « principal residence 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument If (a) Borrower fais to perform the covenants and agreements contaned ints Seeunty Instrument (b) there 1 8 legal proceeding that might sugnificanly affect Lenders interest 1n the Property andlor nghis under this Security Instrument (such as a proceeding in bankruptcy probate for condemnation or forfeiture for enforcement of a lien which may attain pnonity over ths Secunty Tastrument or to enforce laws or regulations) or (€) Borrower has abandoned the Property then Lender may do and pay for ‘whatover is reasonable or appropnae to protect Lender sunterestun the Property and rights under this Secunty Tastrument FLORIDA—SingleFarly—Honne (nc orm gle FarlyFanne MaiF rede Mac UNIFORM INSTRUMENT cancoroacos Form 10 101 TON e786 01 —MERS MFLONAS (Page Sf 12 pages) ? lowes aeRO NT2005196480 ‘OR BookPage 5477 / 2555 including protecting and/or assessing the valve of the Property and secunng and/or reparing the Property Lender s actions ‘can include but are not imuted to (a) paying any sums secured by a lien which has pronty over this Secunty Instrument (b) appeanng in court and (c) paying reasonable attorneys fees to protect ts interest inthe Property and/or nghts under this Secunty Instrument including its secured positon in a bankruptcy proceeding Securimg the Property meludes but 1s not Inmted to entering the Property to make repaurs. change locks replace or board up doors and windows drain water from pipes eliminate burkding of other code violations or dangerous conditions, and have utilities tumed on or off Although Lender may take action under this Section 9 Lender does not have to do so and 1s not under any duty or obligation 10 do so ts agreed that Lender incurs no labiity for not taking any or all actons authorized under this Section 9 ‘Any amounts disbursed by Lender under ths Section 9 shall become additonal debt of Borrower secured by this Secunty Instrument These ainounts shall bear mterest atthe Note rate from the date of disbursement and shall be payable wath such terest upon notice from Lender to Borrower requesting payment If this Security Instrument 1s on a leasehold Borrower shall comply with all the provisions of the lease If Borrower acquires fee tle tothe Property the leaschold and the fee ttle shall not merge unless Lender agrees to the merger n wnting 10 Mortgage Insurance If Lender required Mortgage Insurance as a condition of making the Loan Borrower shall py the premiums required to mauntain the Mortgage Insurance mn effect If for any reason the Mortgage Insurance coverage required by Lender ceases to be avaiable from the mortgage msurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Morlgage Insurance Borrower shall pay the premiums required to obtain coverage substantially equivalent fo the Mortgage Insurance previously in effect at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously 1n effect from an alternate mortgage insurer selected by Lender If substanually equivalent Mortgage Insurance coverage 1s not available Borrower shall continue to pay to Lender the amount ofthe separately designated payments that were due when the insurance coverage ceased to be in effect Lender wall accept use and retain these payments as a non refundable loss reserve mn eu of Mortgage Insurance Such Joss reserve shall be non refundable notwithstanding the fact thatthe Loan 1s ultumately pard in full and Lender shall not be equired to pay Borrower any interest or earnings on such loss reserve Lender can no longer require loss reserve payments if Mortgage Insurance coverage (1m the amount and for the period that Lender requires) provided by an ansurer selected by Lender again becomes available 1s obtained, and Lender requures separately designated payments toward the premuums for Mortgage Insurance If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was requited 10 rake separately designated payments toward the premums for Mortgage Insurance Borrower shall pay the premiums required to maintain Mortgage Insurance mn effect of to provide a non refundable los reserve until Lender s requirement for Mortgage Insurance ends 19 accordance with any watten agreement between Borrower and Lender providing for such tenmnation or until termination 1s required by Applicable Law Nothing in this Secuon 10 affects Borrower s obligation to pay interest at the rate provided in the Note Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certam losses st may incur if Borrower does not repay the Loan as agreed Borrower isnot a party to the Mortgage Insurance Mortgage insurers evaluate thetr total nsk on all such insurance 1n force from ume to time and may enter into ‘agreements with other parties that share or modify their isk or reduce losses These agreements ave on terms and conditions that are satisfactory to the mortgage msurer and the other party (or parties) to these agreements These agreements may require the morgage insurer to make payments using any source of funds that the mortgage insurer may have avaulable ‘ovhich may include funds obtained from Mortgage Insurance premuums) ‘As a result of these agreements Lender any purchaser of the Note another insurer any reisurer any other entity or any affihate of any of the Foregomg may receive (directly or directly) amounts that denve from (or might be characterized 4s) a portion of Borrower s payments for Mortgage Insurance, in exchange for sharing or modafying the mortgage insurer s risk or reducing losses If such agreement provides that an affiliate of Lender takes a share ofthe insurer s skin exchange for a share of the prermums paid to the msurer the arrangement s often termed captive remsurance Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund (b) Any such agreements will not affeet the rights Borrower has—if any—with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law ‘These rights may Include the right to receive certaln disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premlums that were unearned at the time of such cancellation or termination FLORIDA—SingleFalyFannle Maef¥reddle Mae UNIFORM INSTRUMENT coocoroasan Frm 30101 Re ner (on MARS MEFLONIS (Page 7of 2 pages) oorarcat soso(CF 2005186480 oR soouPage 5477 | 2556 11 Assignment of Miscellaneous Proceeds, Forfetture All Miscellaneous Proceeds are hereby assigned to and shall bbe paid to Lender If the Property 1s damaged such Miscellaneous Proceeds shall be apphed to restoration or repair of the Property f the restoration or repair 1s economically feasible and Lender s security xs not lessened Dung such repair and restoration period Lender shall have the nght to hold such Miscellaneous Proceeds unul Lender has had an opportunity to anspect such Property (© ensure the work has been completed to Lender s satisfaction provided that such inspection shall be undertaken promptly Lender may pay forthe repairs and restoration in a single disbursement or in a series of progress payments as the work 1s, completed Unless an agreement 1s made in wnting or Appheable Law requires interest (0 be paid on such Miscellaneous Proceeds Lender shall not be required to pay Borrower any mterest or earnings on such Miscellaneous Proceeds If the restoration or repair 1s not economically feasible or Lender s security would be lessened the Miscellancous Proceeds shall be apphed to the sums secured by this Secunty Instrument, whether or not then due wath the excess af any paid to Borrower Such Miscellaneous Proceeds shall be applied sn the order provided for m Section 2 In the event of a total taking destruction or loss m value ofthe Property the Miscellaneous Proceeds shall be applied to the sums secured by this Secunty fnstrument whether or not then due with the excess af any pard to Borrower In the event of a parual taking destruction, or loss mn value of the Property an which the faur market value of the Property unmediately before the parual taking destruction or loss mn value sequal 10 or greater than the amount of the sums secured by this Secunty Instrument umumediately before the partial taking, destruction, or loss 1n value unless Borrower and Lender otherwise agree in wntung. the sums secured by ths Secunty Instrument shall be reduced by the amount of the ‘Mascellancous Proceeds muluplied by the following fraction (a) the total amount of the sums secured immediately before the partial taking destruction or loss in value divided by (b) the fair mazket value of the Property ammeshstely before the partial taking destructon orloss i value Any balance shall be pad to Borrower In the event of a parual taking destruction or loss 1n value of the Property in which the fair market value of the Property immeciately before the partial taking, destruction, or loss value 1s less than the amount of the sums secured immediately before the parual taking destruction or loss m value unless Borrower and Lender otherwise agree in writing the Miscellaneous Proceeds shall be applied to the sums secured by this Secunty Instrument whether or not the sums are then due If the Property 1s abandoned by Borrower or if after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages Borrower fails to respond to Lender within 30 days after the date the nouce 1s given Lender 1s authored to collect and apply the Miscellaneous Proceeds either 10 restoration or repair of the Property orto the sums secured by this Secunty Instrument whether or not then duc Opposing Party means the td party that owes Borrower Miscellaneous Proceeds or the party agaunst whom Borrower has a night of action 1n regard to Miscellaneous Proceeds ‘Borrower shall be n default sf any action or proceeding, whether civil or cramunal 1s begun that in Lender s judgment could result in forfesture of the Property or other material mpaurinent of Lender s interest an the Property or rights under this Secunty Instrument Borrower ean cure such a default and sf accelerauon has occurred remstae as provided in Secuon 19 by causing the action or proceeding to be dismissed with a ruling that in Lender § judgment precludes forfeiture of the Property or other material impairment of Lender s interest in the Property or nghis under this Secunty Instrument The proceeds of any award or claim for damages that are attnbutable to the mmpaurment of Lender s interest in the Property are Ihereby assigned and shal be paid to Lender All Miscellaneous Proceeds that are not applied to restoration oF reps provided for n Secton 2 12 Borrower Not Released, Forbearance By Lender Not a Waiver Extension of the time for payment or modificauon of amorization of the sums secured by this Secunty Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the lability of Borrower or any Successors un Interest of ‘Borrower Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or fo refuse tw extend tine for payment or otherwise modify amortzation of the sums secured by this Secunty Instrument by reason of, any demand made by the onginal Borrower or any Successors in Interest of Borrower Any forbearance by Lender i ‘exercising any night or remedy including without Imtation Lender s acceptance of payments from third persons entities or ‘Successors in Interest of Borrower or in amounts less than the amount then due. shall not be a waver of or preclude the exercise of any nght or remedy 13 Jolat and Several Liability, Co signers, Successors and Assigns Bound Borrower covenants and agrees that Borrower s obligations and habuhty shall be jount and several However any Borrower who co signe this Security Instrument of the Property shall be applied 1m the order PLORIDA—Single Fauly Fane Mae/Predie Mac UNIFORM INSTRUMENT ooooro4eng Fern 3010 101 en ero) -MERS MFFLS115, (age Bf 2 pages) ose en Hopamam cre MR(cFN 2005196480 OR Book/Pave 5477 | 2557 bbut does not execute the Note (a co signer’) (a) 8 co signing this Secunty Instrument only to mortgage grant and convey the co signer s interest 1m the Property under the terms of this Secunty Instrument (b) 1s nol personally obligated 10 pay the sums secured by this Secunty Instrument and (c) agrees that Lender and any other Borrower can agree to extend ‘modify forbear or make any accommodations with regard to the terms of this Secunty Instrument or the Note without the co signer s consent Subject to the provisions of Section 18 any Successor in Interest of Borrower who assumes Borrower s obligations under ths Secunty Instrument in writing and approved by Lender shall obtain al of Borrower s nghts and benefits under this Securty Instrument Borrower shall not be released from Borrower s obligations and habilty under ths Securty Instrument unless Lender agrees to such release in wring The covenants and agreements of this Secunty Instrument shall bund (except as provided in Secton 20) and benefit the successors and assigns of Lender 14 Loan Charges Lender may charge Borrower fees for services performed in connection with Borrower s default for the purpose of protectung Lender § interest m the Property and rights under ths Secunty Instrument including but not Inuted to attorneys fees property inspection and valuation fees In regard to any other fees the absence of express authority 1m this Secunty Insteument to charge a specific fee to Borrower shall not be construed asa prohubition onthe charging of such fee Lender may not charge fee that are expressly prohibuied by this Security Instrument or by Applicable Law If the Loan 1s subject to law which sets maximum loan charges and that law 1s finally interpreted 50 thatthe mnterest ‘or other loan charges collected orto be collected in connection withthe Loan exceed the permitted lmts, then (a) any such loan charge shall be roduoed by the amount necessary to reduce the charge to the permitted Innut, and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower If « refund reduces principal the reduction will be treated as a paral prepayment without any prepayment charge (whether or not a prepayment charge 1s provided for under the Note) Borrower § acceptance of any such refund made by det payment to Borrower will constitute a waiver of any ght of action Borrower might have ansing out of such overcharge 15 Notices All nouces given by Borrower of Lender in connection wit this Secunty Instrument must be m wring [Any notice to Borrower in connection with ths Security Instrument shall be deemed to have been given to Borrower when tmaled by first class mail or when actually delivered to Borrower s nouce address if sent by other means Notte to any one Borrower shall consutute notice to all Borrowers unless Applicable Law expressly requires otherwise The nouce address shall be the Property Address unless Borrower his designated a substitute notice address by notice to Lender Borrower shall promptly notify Lender of Borrower s change of address If Lender specifies « procedure for reporting Borrower s change of address then Borrower shall only report a change of address through that specified procedure There may be only one designated notice address under this Secunty Insiroment at aay one time Any notice to Lender shall be given by delivering it ‘or by mauling 1t by first class mal to Lender s address stated herein unless Lender has designated another address by notice to Borrower Any notice un connection with this Secunty Instrument shall not be deemed to have been given to Lender unt actually received by Lender If any notice required by this Secunty Instrument 1s also required under Apphcable Law the Applicable Law requirement will satsfy the corresponding requirement under this Security Instrument 16 Governing Law, Severability, Rules of Construction This Security Instrument shall be governed by federal law and the law of the junsdietion in which the Property 1$ located All nights and obligations contained an this Security Instrument are subject to any requirements and lntulauions of Applicable Law Applicable Law might exphiitly or mphcitly allow the parties to agree by contract or it might be silent but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Secunty Instrument or the Note conflicts with Applicable Law such conflict shall not affect other provisions of this Secunty Instrument or the Note which can be given effect without the conficung provision ‘As used an ths Sceunty Instrument (a) words of the masculine gender shall mean and include corresponding neuter words or words ofthe femunine gender (6) words in the singular shall mean and include the plural and vice versa and (c) the ‘word may gives sole discretion without any obligation to lake any action 17 Borrower's Copy Borrower shall be given one copy of the Note and of this Securnty Instrument 18 Transfer of the Property or a Beneficial Interest In Borrower As used 1n this Secuon 18 Interest n the Property means any legal or beneficial interest in the Property eluding but not Inmited to those beneficial interests teansferred in bond for deed contract for deed anstllment sales contrac or eserow agreement the antent of whuch 1s the ‘wansferof ttle by Borrower ata future date to purchaser I all or any pact of the Property or any Interest sn the Property 18 sold of transferred (or if Borrower 1s not a natural person and a beneficial interest in Borrower 1s sold or transferred) without Lender g prior wntten consent Lender may m7 FLORIDA~Surgl Famly~-Fannle Moe Frode Moe in ENT em 3010 101 rah Farly~-Fannle Moerodale Mac UNIFORM INSTRUMEN: ccoooroag Por. 310u01 rewsere900--MERE MFFLOI45 (Page ef 12 pages) eon amapamone eM A —CPN 2005196480 oRBookiPage 5477 / 2558 require immediate payment m full of all sums secured by this Secunty Instrument However this option shall not be exercised by Lender if such exercise 1s prohibited by Applicable Law If Lender exercises this option Lender shall give Borrower notice of acceleration The notice shall provide a period of not fess than 30 days from the date the notice is given sn accordance with Section 15 within which Borrower must pay all sums socured by this Secunty Instrument If Borrower fails to pay these sums prior to the expiration of this peniod Lender ‘may invoke any remedies permutted by this Secunty Instrument without further notuce or demand on Borrower 19 Borrower's Right to Relnstate After Acceleration If Borrower meets certain conditions. Borrower shall have the night 1 have enforcement of this Secunty Instrument discontinued at any tume prior to the earbest of (a five days before sale of the Property pursuant to any power of sale contuned sn this Securty Instrusnent (b) such other period as Applicable Law might specify for the termination of Borrower § night to reinstate of (c) entry of a judgment enforcing this Secunty Instrument Those conditions are that Borrower (a) pays Lender all sums which then would be due under this Security Insisument and the Note as if no acceleration had occurred (b) cures any default of any other covenants or agreements (© pays all expenses incurred in enforemg this Secunty Instrument, including but not lnnated to reasonable attorneys fees property inspection and valuation fees ard other fees uncured for the purpose of protecting Lender s interest an the Property and nghis under this Secunty Instrument and (d) takes such action as Lender may reasonably require to assure that Lender 8 anteest in the Property and rights under this Secunty Instrument and Borrower s obligation to pay the sums secured by th Secunty Instrument shall continue unchanged Lender may require that Borrower pay such reinstatement sums and expenses 1m one or more of the following forms as selected by Lender (a) cash (b) money order (c) cerufied check bank check treasurer § check or cashier s check provided any such check 1s drawn upon an msutution whose depostts are msured by a federal agency instrumentality or entity or (d) Electromse Funds Transfer Upon reinstatement by Borrower this Secunty Instrument and obligations secured hereby shall remaun fully effective as sf no acceleration had occurred However this right to remstate shall not apply m the ease of acocleration under Section 18 20 Sale of Note, Change of Loan Servicer, Notice of Grievance The Note or & parual unterest in the Note (together with this Secunty Instrument) can be sold one or more tumes without pror notice to Borrower A sale might result im a change 1m the entuy (known as the Loan Servicer ) that colleets Penodie Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note this Security Instrument, and Applicable Law There also might be one or more changes of the Loan Servicer unrelated to a sale ofthe Note If there 1s a change of the Loan Servicer Borrower will be given watten notice of the change which wall state the name and address of the new Loan Servicer the adress to which payments should be made and any other formation RESPA requires in connection with 3 nouce of transfer of servicing If the Note 1s sold and thereafter the Loan 1s serviced by a Loan Servicer other than the purchaser of the Note the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be teansferred to a suecessor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser [Neither Borrower nor Lender may commence join of be joined to any judicial action (as either an individual Mtgant oF the member of a clas) that anses from the other party $ acuons pursuant to ths Secunty Instrument or that alleges thatthe cther party has breached any provision of or any duly owed by reason of this Secunty Instrument, unt such Borrower or Lender has notified the other party (wth such notice given 1m comphance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period afer the giving of such notice to take corrective action If Applicable Law provides a time period which must elapse before certan action can be laken that ume period will be deemed to be reasonable for purposes ofthis parsgraph The notice of acecleration and opportunity to cure given to Borrower pursuant to Section 22 and the notce of acceleration given to Borrower pursuant to Section 18 shall be deemed to sausty the ote and opportunity to take corrective action provisions ofthis Section 20 21 Hazardous Substances As used in this Secuon 21 (a) Hazardous Substances are those substances defined as toxic or huzardous substances pollutants or wastes by Environmental Law and the following substances gasoline Kerosene ‘other flammable or toxic petroleum products, toxic pesticides and herbiewdes.volauile solvents matcnals containing asbestos fr formaldehyde and radioactive materials (b) Environmental Law means federal laws and laws ofthe yunsdicuon where the Property located that relate to health safety or environmental protection (¢) ‘Environmental Cleanup’ includes any response action remedhal action or removal acon ax defined in Environmental Law and (a) an Environmental Condition ‘means a condition that can cause contnbute 1 or otherwise ingger an Environmental Cleanup Borrower shall not cause ur permit the presence use disposal storage or release of any Hazardous Substances or threaten to release any Hazardous Substances on or inthe Property Borrower shall not donor allow anyone else to do anything affecting the Property (a) that 1s 1n violation of any Envwonmental Law (b) which creates an Environmental FLORIDA—SungeFsnaly—Funnle Mae/Fredde Mac UNIFORM INSTRUMENT cooaoso4aas eT 210192 ea otro c01)-MENE MEFL STS (Page 1012 pages [7 owtat ota ohetta———————— cFN 2005196480 OR BookiPage 5477 | 2559 Condition or (¢) which due to the presence use or release of « Hazardous Substance, creates a condition that adversely affects the value of the Property The preceding two sentences shall not apply tothe presence use or storage on the Property ‘of small quantiues of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including but not limited to hazardous substances in consumer products) Borrower shall promptly give Lender written notice of (a) any investigation clam demand lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance ot Environmental Law of which Borrower has actual knowledge (b) any Environmental Condition including but not uted to any spilling leaking discharge release or threat of release of any Hazardous Substance and (c) any condition caused by the presenes use or release of a Hazardous Substance which adversely ffeets the value of the Property If Borrower leams ors notified by any governmental or regulatory authonty or any pavate party that any removal or other remediation of any Hazardous Substance affecting the Property 18 necessary Borrower shall promptly take all necessary remedial acons in accordance with Environmental Law Nothing hercin shall create any obligation on Lender for an Environmental Cleanup NON UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 22 Acceleration, Remedies Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant oF agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise) The notice shall specify (a) the default, (b) the ation requlred to cure the default, (©) a date, not less than 30 days from the date the notice Is given to Borrower, by which the defaolt must be ured, and () that failure to cure the default on or before the date specified inthe notice may result in acceleration of the sums secured by this Securlty Instrument, foreclosure by Judicial proceeding and sae of the Property ‘The notice shall forther laform Borrower of the right to reinstate after acceleration and the right to ascert in the foreclosure proceeding the non existence of a default or any other defense of Borrower to acceleration and foreclosure If the default is not cured on or before the date specified in the notice, Lender at ts optlon may require immediate payment tm full of all sums secured by this Security Justrument without further demand and may foreclose this Security Instrument by yudelal proceeding Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In tis Section 22, meluding, but not hmited to, reasonable attorneys" fees and costs of ttle evidence 23. Release Upon payment of all sums secured by this Sccunty Instrument Lender shall release this Seounty Instrument Borrower shall pay any recordation cosls Lender may charge Borrower a fee for releasing tus Secunty Instrument but only af the fee ss paid to a thrd party for services rendered and the charging of the fee 1s permitted under Apphieable Law 24 Attorneys’ Fees As used inthis Secunty Instrument and the Note storeys fees shall mclude those awarded by am appellate court and any atorneys fees meursed ina bankruptcy proceeding 25 Jury Trial Walver The Borrower hereby waives any right to a tral by Jury m any action proceeding. claum or counterlaim whether wm contract or tora la oF sn equly ensing ou of oF any way elated to ths Secunty Instrument orthe Note FLORIDA—Sigle Fanaly-Fannle Moe/Freie Mac UNIFORM INSTRUMENT Form 3010 101 9000109603" ansananD Ireaners oN MERS HEFL INAS (Page 11 of 12 page) teoeeon tanmoamO HEMETBY SIGNING BELOW Borrower accepts and agrees to the terms an ¥ nants contained 1n pages 1 through 12 of this Sccunty Instrument and in any nder(s) executed by Borrower and reconff! wath 1. MAY 2 6 2005 AD (Seal) PEACHES DAVIS Borrower 4516 WEIMAN RD SE PALM BAY, FL 32009 (seal) (eal) eww Bocower (Seal) (Seal) orewee Borowet Signed sealed and de} ao Bdith Smth State of Flonda County of Brevard ‘The foregoing instrument was acknowledged before me this EEx200518402 7 | 2560 qr Charles House 26th —dayof May, 2005 by PEACHES DAVIS, A MARRTED WOMAN JOINED BY HER SPOUSE CORNELL DAVIS ‘who is personally known to me or who has produced vad photo ID cards as dentification -FLORIDA—SieeFamy—Fannle Mae/Freddle Mae UNIFORM INSTRUMENT res srs2 css} -MERE MEFL115 (Page 124722 pages) Noy Pe cxzorans mses pe eamesNOTE May 26, 2005 PALM BAY Flonda Dig ey) (Se) 1516 WEIMAN RD SE PALM BAY, FL 32809 (Propeny Ades) 1 BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promuse to pay US $110,675 00 (Qhis amount s called “Principal” plus interest, tothe order ofthe Lender The Lender s MFC MORTGAGE, INC OF FLORIDA, a Corporation wil make all payments under this Note an the form of cash, check or money order understand that the Lender may transfer this Note The Lender or anyone who takes this Note by transfer and who 1s enuitled to receive payments under this Note 1s called the “Note Holder” 2. INTEREST Interest will be charged on unpard prnespal until the full amount of Principal has been paid T will pay mterest al yearly rato of 7 1250% r ae ‘The interest rate required by this Section 2 1s the rate T wll pay both before ander any default described in Section 6(B) of ts Note 3. PAYMENTS (A) Time and Place of Payments 1 wil pay principal and interest by makang a payment every month wll make my monthly payment on the 4st day of each month begsnning on July 04, 2005, 1 will make these payments every month until Ihave paid all of the principal and intrest and any other charges desonbed below that I may owe under ths Note Each montily payment wallbe applied as of ts scheduled due date and wall be applied to interest before Pnneipal If, on June 01, 2035 + Tall owe amounts under this Note, Iwill pay those ‘amounts in fall on that date, which called the “Matunty Date wall make my monthly payments at 851 TRAFALGAR COURT - THIRD FLOOR, MAITLAND, FL 32751 or at diferent place required by the Note Holder (B) Amount of Monthly Payments ‘My monthly payment wil ben the amount of US $745 64 4 BORROWER'S RIGHT TO PREPAY Thave the nght to make payments of Prneipal at any time before they are due A payment of Principal only 1s known as “Prepayment” When I make a Prepayment, I wall tll the Note Holder in wnting that Tam domg so I may not designate a ryment as a Prepayment if Thave not made all the monthly payments due under the Note I may make a full Prepayment or partal Prepayments without paying a Prepayment charge The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note However, the Note Holder may apply my Prepayment to the accrued and unpaid anterest on the Prepayment amount, before applying my Prepayment to reduce the Prineipal amount of the Note If I make a parual Prepayment, there vall be no changes inthe due date or inthe amount of my ‘monthly payment unless the Note Holder agroes in wetting to those changes FLORIDA FIXED RATE NOTE—SigleFemly-—Pannle Mae/Prede Mae UNIFORM INSTRUMENT ooooto4eos Form 210 v01 re sets 942 MFFL3120 (Page 1 of page) eodeca Hoosemm OReE TTT MFFL3120 ‘00000104603, - ‘erPo @ 5 LOAN CHARGES fa law, which apples to ths loan and which sets maxamum loan charges 1s finally interpreted so thatthe intrest or ‘other loan charges collected or to be collected m connection with this loan exceed the permutted linus, then (a) any such Joan charge shall be reduced by the amount necessary to reduce the charge to the permited linut, and (b) any sums already collected from mo which exceeded permutied lnnuts will be refunded to me The Note Holder may choose to make this refund by reducing the Principal I owe under thas Note or by malang a direct payment to me If a refund reduees Principal, the reduction will be treated asa partal Propayment 6 BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments Ifthe Note Holder has not recerved the full amount of any monthly payment by theendof Fifteen calendar ays after the date 3s duc, Iwill pay a ate charge to the Note Holder The amount ofthe charge will be 5 0000% of my overdo payment of prncpal and nerest Il py tsa charge promply bt oly one on cach ate payment 3) Default 1f1 do not pay the full amount of each monthly payment on the date its due J wall be sn default (©) Notice of Default IfT am in default, the Note Holder may send me a wntten notce tellng me that fT do not pay the overdue amount by & certain dat, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that [owe on that amount That date must be at least 30 days after the date on which the notice 1s mauled to me or ddehwvered by other means (D) No Walver By Note Holder Even if, st a ume when I am in default, the Note Holder docs not require me to pay immediately 1n full as described above, the Note Holder will sll have the right to do so xf Tam in default at a later ume (E) Payment of Note Holder’s Costs and Expenses Ifthe Note Holder has required me to pay ummediately mn full as described above, the Note Holder wall have the right to be paid back by me for all of us costs and expenses in enforeing this Note to the extent not prohibited by applicable law ‘Those expenses include, for example, reasonable attorneys" fees 7 GIVING OF NOTICES Unless applicable law requires different method any nouce that must be gwven to mo under this Note will be given by ddehvering itor by mailing i by first class maul to me at the Property Address above or ata different address 1fI 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 itor by mailing 1 by first ‘lass mailto the Note Holder atthe address stated in Section 3(A) above or at a different address fam given a notice of thet Aifferent address 8 OBLIGATIONS OF PERSONS UNDER THIS NOTE fmore than one person sigs this Note, each person 1 fully and personally obligated to keep all ofthe promises made in {tus Note, including the promise to pay tho fall amount owed Any person who 1s a guarantor, surety or endorser of ths Noto 18 also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surely or endorser ofthis Note, 1 also obligated to keep all ofthe promises made mls Note The Note Holder may enfores xs nights under ths Note agunst each person individually or agaist all of us together ‘Ths means thal ay one of us may be required to pay all ofthe amounts owed under ths Note 9 WAIVERS T and any other person who has obligations under this Note waive the rights of Presentinent and Notice of Dishonor “Presentment” means the night to require the Note Holder to demand payment of amounts due “Nouce of Dishonor” means the nght to requure the Note Holder to give notice to other persons that amounts due have not been paid 10 UNIFORM SECURED NOTE ‘Tins Note 1 a uniform instrument with hmited vanations im some jurisdictions In adéhton tothe protections given to the ‘Note Holder under this Note, a Mortgage, Deed of Trust, or Secunty Deed (the “Secunty Instrument”) dated the same date 1s ths Note, protects the Note Holder from possible losses which might result xf T do not keep the promuses which I make in FLORIDA FIXED RATE NOTE—SingeFaruly—Fonnle Mae/Fredde Moc UNIFORM INST! Form 210 101, 00000104503" nearaio rewemei2 rerFL9420 (Page 20/3 pages) oon o0ss0s@ a feeb MFFL3120 ‘00000104603,tus Note That Secunty Instrument desenbes how and under what conditions I may be required to make ammediate payment 1m full of ell amounts T owe under this Note Some of those conditions are described as follows [Fall or any part of the Property or any Interest inthe Property 1s sold or transferred (or af Borrower 1s not ‘natural person and a beneficial anterest i. Borrower 1s sold or transferred) without Lender s prior wntten consent, Lender may require immediate payment in fll ofall sums secured by this Secunty Instrument However, this option shall not be exereised by Lender if such exeresse is prohibited by Applicable Law If Lender exercises this opton, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice 1s given m accordance with Section 15 within which Borrower must pay all sums secured by us Secunty Instrument If Borrower fauls to pay these sums pnor to the ‘expiration of this period, Lender may mvoke any remedies permutted by this Secunty Instrument without further nolice or demand on Borrower 11 DOCUMENTARY TAX ‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness ‘Borrower has executed and acknowledges recespt of pages 1 through 3 of this Note WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED WAZ (Seal) Seal) 'EACHES DAVIS “Borrower ‘Borrower al Tso Tee (Seal) (Seal) io Teor {sign otal ony) PATTOTHE ORDER OF a EIRST NATIONAL BANK FLORIDA FIXED RATE NOTE-—Single Faraly—Fonnle Moe rode Moe UNIFORM INSTRUMENT Form 3210 U01 00000104603" crearuvio# Iremscona cata Y4FFL3120, (Page 33 pose) Toone tons ecb MFFL3120 ‘00000104603,MAINT . mane w Sa rT TRAD eet «Aaoe. BANK OF NEVADA 1665 West Alameda Drive Tempe, AZ 85282 Office (480) 224-7000 Fax (602) 636-7388 ALLONGE TO NOTE LOAN NUMBER Si BORROWER DAVIS INTHE AMOUNT OF $110,675 00 PAY TO THE ORDER OF WITHOUT RECOURSE BY ‘AMY HAWRINS, ASSISTANT VICE PRESIDENT FIRST NATIONAL BANK OF NEVADAote xtc SIGNATURE/NAME AFFIDAVIT DATE 08726108 LOANNO 0000104603 BORROWER PEACHES DAVIS ‘Ts to cry that my legal gtr was wten and typed below (Tes signature must ext mach th spate om the Note sed MangageDexd of Trot) PEACHES oAVIS ~~ ki NAY 2 6 2005 coos WES eter (topple cont eee) raercenty ta PEACHES DAVIS (2 ach-t PEACHES DAS who executed a MorgageDeed of Trt MFC MORTGAGE, INC OF FLORIDA ' Corporation ChakKame Darvst ‘one and the same pron ae 4g. wecomnar tosis nie! SSR scat oeName Affidavit TileNo 1407 1 | i i STATE OF FLORIDA t COUNTY OF BREVARD ' [RE Propety Street Address Ps ON THIS DAY, before me the undersigned, personally appear PEACHES DAVIS ‘Who, beng frst duly sworn, depotes and says that ' reacurspavisanpfoacke Chaehaipe Dawes ‘sone and the sume person as PEACHES DAVIS. Y Lx MAY 2 6 2005 FEACHESDAVIS oilty Publis ‘Notary Pnted Namo, ‘My Commuston Expires aay An Name efDme 1516 WEIMAN ROAD SOUTHEAST Bay, Florida [32909