Filing # 195943273 E-Filed 04/10/2024 09:06:15 PM
`
`16-2024-CA-001898-AXXX-MA Div: CV-C
`
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/11/2024 02:18:35 PM
`
`

`

`11713, at Page 300, of the Public Records of Duval County, Florida, and encumbered the
`
`property described in the mortgage then ownedbyandin possession of the mortgagor, a copy
`
`of the mortgage being attached hereto as Exhibit "B". The Mortgage and Note (collectively
`
`"Loan Documents") were modified pursuant to a Home Affordable Modification Agreement
`
`executed May 3, 2010. Further, the loan documents were modified pursuant to a Loan
`
`Modification Agreement dated May 8, 2012. Further, the loan documents were modified
`
`pursuant to a Home Affordable Modification Agreement executed January 21, 2015. Further,
`
`the loan documents were modified pursuant to a Notification of Payment Deferral (“Payment
`
`Deferral”) dated August 6, 2021. Further, the loan documents were modified pursuant to a
`
`Payment Deferral dated November 3, 2021. Further, the loan documents were modified
`
`pursuant to a Payment Deferral dated December 7, 2021. Further, the loan documents were
`
`modified pursuant to a Payment Deferral dated January 6, 2022. Copies of the Loan
`
`Modification Agreements and Payment Deferrals are attached hereto as Exhibit "C".
`
`. The mortgageofthe Plaintiff is a lien superior in dignity to any prior or subsequentright,title,
`
`claim,lien orinterest arising out of mortgagor(s) or the mortgagor(s)' predecessor(s)in interest.
`
`. Plaintiffis the holder of the original note secured by the mortgage andis entitled to foreclose
`
`pursuantto Florida Statute 673.3011(1).
`
`. PHH Mortgage Corporation ("PHH") is the loan servicer for this particular loan. Plaintiff has
`
`delegated PHH the authority to service the loan on its behalf pursuant to a Limited Power of
`
`Attorney.
`
`. Defendant(s) have defaulted under the Note, Mortgage, Loan Modification and Payment
`
`Deferrals by failing to pay the paymentdue as of July 1, 2023, and all subsequent payments.
`
`23-159883
`
`PAGE 2
`
`

`

`9. Plaintiff declares the full amount payable under the Note, Mortgage, Loan Modification and
`
`PaymentDeferrals to be due, except to the extent any part of that amountis or would be subject
`
`to a statute of limitations defense.
`
`10. Defendant(s) owe Plaintiff $31,915.15, which includes a deferred principal balance in the
`
`amount of $1,016.40 that is due and owing on principal on the Note, Mortgage, Loan
`
`Modification and PaymentDeferrals, plus interest from and after June 1, 2023, and title search
`
`expensesfor ascertaining necessary parties to this action, pursuant to the documents attached,
`
`except for those defendants who havebeen discharged in bankruptcy.
`
`11. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem Taxes,
`
`premiumson insurance required by the Mortgage and other necessary costs, or may be required
`
`to make such advances during the pendencyofthis action. Any such sum(s) so paid will also
`
`be due and owingto the Plaintiff.
`
`12. The property is now owned by Defendant(s),LAR M. SAMUELSA/K/A ILAR SAMUELS,
`
`and the record legal title to said mortgaged property is now vested in Defendant(s), ILAR M.
`
`SAMUELSA/K/A ILAR SAMUELSwhonowhold(s) possession.
`
`13. All conditions precedent to the acceleration of this mortgage note and to foreclosure of the
`
`mortgage, loan modification and payment deferrals 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, Mortgage, Loan
`
`Modification and Payment Deferrals.
`
`15. Plaintiff alleges that the claims of the remaining Defendants are secondary,junior, inferior and
`
`subject to the prior claim of Plaintiff.
`
`23-159883
`
`PAGE 3
`
`

`

`16. Any interest in the property inuring to the Defendant, CREDIT ONE, L.L.C., is subordinate
`
`and inferior to the lien of Plaintiffs mortgage,
`
`including, but not
`
`limited to, FINAL
`
`JUDGMENTrecorded November3, 2005, in Official Record Book 12862 at Page 2469 ofthe
`
`Public Records of Duval County, Florida and re-recorded July 24, 2015, in Official Record
`
`Book 17245 at Page 1651 of the Public Records of Duval County, Florida.
`
`17. Any interest in the property inuring to the Defendant, CITY OF JACKSONVILLE, FLORIDA,
`
`is subordinate and inferior to the lien of Plaintiff's mortgage, including, but not limited to,
`
`CERTIFICATE OF COST/LIEN recorded May 20, 2016, in Official Record Book 17569 at
`
`Page 1057 of the Public Records of Duval County, Florida and NOTICE OF PENDING LIEN
`
`recorded April 26, 2018, in Official Record Book 18364 at Page 856 of the Public Records of
`
`Duval County, Florida and CERTIFICATE OF COST/LIEN recorded October 19, 2018, in
`
`Official Record Book 18570 at Page 769 of the Public Records of Duval County, Florida.
`
`18. Defendant, UNKNOWN SPOUSE OF ILAR M. SAMUELSA/K/A ILAR SAMUELS, may
`
`claim someright, title, or interest in the property herein sought to be foreclosed by virtue of
`
`homestead rights, possession or some other unknown interest, the exact nature of which is
`
`unknown to Plaintiff and not a matter of public record. However, said interest, if any, is
`
`subordinate, junior, and inferior to the lien of Plaintiffs mortgage.
`
`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 dueto Plaintiff for principal and interest on the Note, Mortgage, Loan
`
`Modification and Payment Deferrals and for late charges, abstracting, taxes, expenses and costs,
`
`including attorney's fees, plus interest thereon; that if the sums due Plaintiff under the Note,
`
`23-159883
`
`PAGE 4
`
`

`

`Mortgage, Loan Modification and Payment Deferrals are not paid immediately, the Court foreclose
`
`the Mortgage and the Clerk of the Court sell the Property securing the indebtednessto 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 namedherein or hereinafter made a Defendant be forever barred and foreclosed;
`
`that the Court appoint a receiver of the Property and ofthe rents, issues, income andprofits 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 andall
`
`further orders and judgments as may be necessary and proper, including the issuance of a writ of
`
`possession andthe entry of a deficiency judgment decree, when andif such deficiency decree shall
`
`appear proper, if borrower(s) has not been discharged in bankruptcy.
`
`COUNTII - MORTGAGE REFORMATION
`
`19, This is an action to reform the Mortgage.
`
`20. On March 5, 2004,LAR M. SAMUELSA/K/A ILAR SAMUELS, executed and delivered a
`
`mortgage securing paymentof the note to the payee named thereon.
`
`21. The Mortgage was recorded on March 25, 2004, in Official Record Book 11713, at Page 300,
`
`in Duval County, Florida. A copy of said Mortgage is attached hereto as Exhibit "B".
`
`22. The mortgage encumbersthe real property located at 7188 EUDINE DR S JACKSONVILLE,
`
`FL 32210.
`
`23. The legal description in the mortgage is incorrect as follows:
`
`See legal description on mortgage attached hereto as Exhibit "B".
`
`24. The correct legal description on the mortgage should read as follows:
`
`23-159883
`
`PAGE 5
`
`

`

`LOT 10, BLOCK 112, CEDAR HILLS ESTATES, UNIT 11, ACCORDING TO PLAT
`
`THEREOF AS RECORDED IN PLAT BOOK 31, PAGE 67 OF THE CURRENT PUBLIC
`
`RECORDS OF DUVAL COUNTY, FLORIDA.
`
`25. Reformation of the Mortgage will not prejudice any party to this cause of action.
`
`WHEREFORE, Plaintiff respectfully requests this Honorable Court, reform the Mortgage
`
`to reflect the correct legal description.
`
`VERIFICATION
`
`Underpenalty 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 andbelief.
`TH
`1
`Executed on this 5
`day of
`April
`
`By:
`
`, 2024.
`/s/. Jacgueline 8. Michaelson
`
`
`
`Print Name:
`
`Jacqueline S. Michaelson
`
`Title:_Contract Management Coordinator
`
`DEUTSCHE NATIONAL—TRUSTBANK
`
`
`COMPANY, AS TRUSTEE FOR MORGAN
`STANLEY ABS CAPITAL I INC. TRUST 2004-
`HE6
`MORTGAGE
`PASS-THROUGH
`CERTIFICATES,
`SERIES
`2004-HE6
`by
`its
`attorney-in-fact PHH Mortgage Corporation
`
`RE:—Borrower: ILAR M. SAMUELSA/K/A ILAR SAMUELS
`
`Address:
`7188 EUDINE DR S
`JACKSONVILLE, FL 32210
`23-159883
`File #:
`Robertson, Anschutz, Schneid, Crane & Partners, PLLC
`Counsel for Plaintiff
`6409 Congress Ave., Suite 100
`Boca Raton, FL 33487
`Telephone: 561-241-6901
`Facsimile: 561-997-6909
`Service Email: FLmail@raslg.com
`/s/ Wendy Manswell
`Wendy Manswell, Esq.,
`FL Bar No. 12027
`Email: wmanswell@raslg.com
`
`PAGE 6
`
`23-159883
`
`

`

`“NOTE
`
`March 5, 2004
`[Date]
`7188 EUDINE DR $
`
`JACKSONVILLE
`
`[City]
`JACKSONVILLE, FLORIDA 32210
`
`,
`
`FLORIDA
`
`[State]
`
`[Property Address]
`
`1. BORROWER’S PROMISE TO PAY
`(this amountis called "Principal"),
`In return for a loan that I have received, I promise to pay U.S.$ 50,000.00
`plus interest, to the order of the Lender. The Lender is NEW CENTURY MORTGAGE CORPORATION
`
`I will make all payments underthis Note in the form of cash, check or moneyorder.
`I understand that the Lender may transfer this Note. The Lender or anyone whotakes this Note by transfer and whois entitled
`to receive payments underthis 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
`7.6000
`%.
`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.
`
`of
`
`-
`
`-
`
`3. PAYMENTS
`(A) Timeand Place of Payments
`I will pay principal and interest by making a payment every month.
`I will make my monthly payment onthe 1st
`day of each month beginning on May 1, 2004
`I will make these payments every month until 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 applied to interest
`before Principal. If,on April 1, 2019
`, I 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
`18400 VON KARMAN, SUITE 1000
`IRVINE, CA 92612
`or at a different place if required by the Note Holder.
`(B) Amount of Monthly Payments
`My monthly paymentwill be in the amount of U.S.$
`
`466.36
`
`4. BORROWER’S RIGHT TO PREPAY
`
`I have the right to make paymentsof Principal at any time before they are due. A prepaymentofall of the unpaid chsh is
`knownas a “Full Prepayment." A prepayment of only part of the unpaid principal is known as a "Partial Prepayment.”
`Except as provided below, I may make a Full or Partial Prepayment at any time. If I make a Partial Prepayment equal to one
`or more of my monthly payments, my due date may be advanced no more than one month.If I make any other Partial Prepayment,
`I muststill make each later payment as it becomes due and in the same amount. I may make a Full Prepayment at any time.
`However,if within the first
`36
`monthsafter the execution of the Mortgage, I make any
`prepayment(s) within any 12-month periodthe total amountof which exceeds Twenty
`percent ( 20
`%) of the original Principal amountofthis loan, I will pay a prepayment charge in an amount
`equal to the paymentof Six
`(
`6
`) months’
`advance interest on
`the amount by which the
`total of my prepayment(s) within that 12-month period exceeds
`Twenty
`percent ( 20
`%) of the original Principal
`amount of the loan.
`
`5/00
`
`telieesd.
`
`)
`
`FLORIDA FIXED RATE NOTE- Single Family - With Prepayment Penalty
`Page 1of 3
`
`ZD,-105N(FL) (0005)
`
`VMP MORTGAGEFORMS- (800)521-7291
`
`

`

`"5.LOAN CHARGES
`If a 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 Joan charge
`shall be reduced by the amount necessary to 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 I owe under this Note or by making a direct paymentto me. If a refund. reduces Principal, the reduction will be treated
`a Partial Prepayment.
`.
`
`6. BORROWER’S FAILURE TO PAY AS REQUIRED
`(A) Late Charge for Overdue Payments
`If the Note Holder has not received the full amount of any monthly payment by the end of 15
`after the date it is due, I will pay a late charge to the Note Holder. The amountof the charge will be 5.00
`my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
`(B) Default
`If I do not pay the full amount of each monthly paymenton the date it is due, I will be in default.
`(C) Notice of Default
`If I am im default, the Note Holder may send me a written notice telling me that if I 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 andall 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
`y other means.
`(D) No Waiver By Note Holder
`Even if, at a time when I am 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 I am in default at a later time.
`(E) Paymentof Note Holder’s Costs and Expenses
`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 mefor all 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.
`
`calendar days
`% of
`
`°
`
`7, 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 aboveor at a different address if I give the Note
`Holder a notice of my different address.
`Anynotice 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) aboveorat a different address if I am given a notice of that different
`address.
`
`8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
`If more than one personsignsthis Note, each personis fully and personally obligated to keepall of the promises madein this
`Note, including the promise to pay the full amount owed. Any person whois a guarantor, surety or endorser ofthis Note is also
`obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
`endorserof this Note, is also obligated to keep all of the promises madein this Note. The Note Holder may enforceits rights under
`this Note against each person individually or againstall of us together. This meansthat any one of us may be requiredto pay all of
`the amounts owed underthis Note.
`
`9. WAIVERS
`I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
`"Presentment" means the right to require 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. APPLICABLE LAW
`This Note shall be governed by the lawsofthe State of Florida. If a law, which applies to this loan and sets maximum loan
`chargesis finally interpreted so that the interest and other charges collected or to be collected in connection with this loan exceed
`the permitted limits, then: (a) any such interest or other charge shall be reduced by the amount necessary to reduce the interest or
`other charge to the permitted limit; and (b) any sumsalready collected from me which exceed permitted limits will be refunded to
`me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
`payment to me. If a refund reduces Principal,
`the reduction will be treated as a Partial Prepayment, but in no event will a
`prepaymentcharge beassessed if the Note Holder chooses to reduce my Principal balance by applying such excess amounts.
`
`ap OSN(FL) (0008)
`
`Page 2af3
`
`.
`
`__ 5/00
`
`Initiats:
`
`

`

`a » ys* .
`
`
`‘
`
`
`
`'
`
`° 1, UNIFORM SECURED NOTE
`This Note is a uniform instrument with limited variations in somejurisdictions. In addition to the protections given to the
`Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the samedate as this
`Note, protects the Note Holder from possible losses which mightresult if I 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 paymentin full of all
`amounts I owe under this Note. Someof those conditions are described as follows:
`If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borroweris not a
`natural person and a beneficial interest in Borroweris sold or transferred) without Lender’s prior written consent,
`Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this
`option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
`If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
`a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
`Borrower mustpay all sums secured by this Security Instrument. If Borrowerfails to pay these sumspriorto the
`expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
`notice or demand on Borrower.
`
`12. DOCUMENTARY TAX
`The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
`
`WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
`
`.
`
`(Seal)
`ILAR M. SAMUELS
`-Borrower
`
`(Seal)
`-Borrower
`
`DawwxDo(Seal)
`
`-
`
`.
`
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`(Seal)
`-Borrower
`
`[Sign Original Only]
`
`
`
`-Borrower
`
` (Seal)
`
`Name: Magda Wlanueva
`Title: A.V.P./Shipping Manager
`
`Zp. O5N(FL) (000s)
`
`Page 3013
`
`5/00
`
`

`

`Prepared by: Nadine Alvarez ~
`When Recorded Mail To:
`Ocwen Loan Servicing, LLC
`1661 Worthington Road, Suite 100
`West Palm Beach, FL 33409
`561-682-8835 |
`
`ATTORNEY CODE: 24120
`
`BORROWERS: ILAR M. SAMUELS
`
`ALLONGE
`
`PRESENTOWNER AND HOLDER: NEW CENTURY MORTGAGE CORPORATION
`
`NOTE EXECUTION DATE: MARCH 05, 2004
`
`NOTE AMOUNT:$ 50,000.00
`
`This allonge shall be annexed to the original Note, referenced above for purposes of
`transferring same from the present Owner and Holder of the Note, NEW CENTURY
`MORTGAGE CORPORATION ("Transferor") as of the date set forth below. As a result of said
`transfer, NEW CENTURY MORTGAGE CORPORATIONhasno furtherinterest in the Note.
`
`~
`
`Date: MARCH 22, 2012
`
`Pay to the order of
`
`DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
`TRUSTEE UNDER POOLING AND SERVICING AGREEMENT
`DATED AS OF AUGUST 1, 2004 MORGAN STANLEY ABS
`CAPITAL I INC. TRUST 2004-HE6 MORTGAGE PASS-
`THROUGH CERTIFICATES, SERIES 2004-HE6, without
`recourse,
`representation \ or warranty express or
`implied this
`22ND day of MARCH,2012.
`
`
`
`

`

`
`
`Book 11713
`
`Page 300
`
`Return To:
`NEW CENTURY MORTGAGE CORPORATION
`
`18400 VON KARMAN, SUITE 1000
`IRVINE, CA 92612
`
`This document was prepared by:
`NEW CENTURY MORTGAGE CORPORATION
`
`—— [Space Above This Line For Recording Data]
`MORTGAGE
`
`FULL
`
`beck,SPAN 2070
`Pages: ry 316
`fa tyes/e04 04:59:13 PR
`CLERK CIRCUIT COURT
`DUVAL COUNTY
`RECORDING
`$
`FUND
`$
`poc St
`$
`MORTGAGE
`INTANGIBLE TAX
`$
`
`69.00
`9.00
`175.00
`100.00
`
`DEFINITIONS
`
`Words used in multiple sections of this documentare defined below and other wordsare defined in Sections
`3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this documentare also provided
`in Section 16.
`
`(A) "Security Instrument" meansthis document, which is dated March 5, 2004
`together with all Riders to this document.
`(B) "Borrower" is
`ILAR M. SAMUELS , a single person
`
`Borroweris the mortgagor under this Security Instrument.
`(C) "Lender" is NEW CENTURY MORTGAGE CORPORATION
`
`Lender isa CORPORATION
`organized and existing under the laws of CALIFORNIA
`
`FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
`D>,-6(FL) (c005}
`Page 1 of 16
`
`Initials: Z ri S.
`VMP MORTGAGE FORMS - (800)521-7291
`
`Form 3010 1/01
`
`
`
`
`
`

`

`Book 11713 Page 301
`
`18400 VON KARMAN, SUITE 1000
`Lender’s address is
`IRVINE, CA 92612
`Lenderis the mortgagee under this Security Instrument.
`(D) "Note" meansthe promissory note signed by Borrower and dated March 5 , 2004
`The Note states that Borrower owes Lender Fifty Thousand and Ne/100 --------- ween weee-=
`a eaeta oo “=<
`Dollars
`US. $
`50,000.00
`) plus interest. Borrower has promised to paythis debt in regular Periodic
`Payments and to pay the debt in full not later than April 1, 2019
`.
`(E) "Property" means the property that is described below under the heading “Transfer of Rights in the
`Property."
`(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
`due under the Note, and all sums due underthis Security Instrument, plusinterest.
`(G) "Riders" means all Riders to this Security Instrumentthat are executed by Borrower. The followmg
`Riders are to be executed by Borrower[check box as applicable]:
`_] Second HomeRider
`[J Adjustable Rate Rider {_] Condominium Rider
`L_] Balloon Rider
`Planned Unit Development Rider [1-4 Family Rider
`VA Ridet
`Biweekly Payment Rider
`Other(s) [specify]
`
`(H) "Applicable Law" meansall 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-appeatable judicial opinions.
`(1) “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 organization.
`(J) "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.
`(K) "Escrow Items" meansthoseitemsthat are described in Section 3.
`(L) "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: @
`damage to, or destruction of, the Property; (ii) condemnation or other taking ofall or any part of the Property;
`(li) conveyance in lieu of condemnation; or {iv) misrepresentations of, or omissions as to, the value and/or
`condition of the Property.
`(M) "Mortgage Insurance" means insurance protecting Lender against the nonpaymentof, or default on,
`the Loan.
`(N) “Periodic Payment" means the regularly scheduled amountdue for (i) principal and interest under the
`Note, plus (ii) any amounts under Section 3 ofthis Security Instrument.
`
`>-6(FL) (0005)
`
`Page 2 of 16
`
`
`
`initiate;2.
`
`Form 3010 1/01
`
`

`

`
`
`Book 11713 Page 302
`
`(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
`implementing regulation, Regulation X (24 CFR.Part 3500), as they might be amended from time to time,
`or any additional or successorlegislation 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.
`(P) "Successorin Interest of Borrower" means any party that has takentitle to the Property, whether or not
`that party has assumed Borrower’s obligations under the Note and/orthis Security Instrument.
`
`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 (ii) 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 to
`Lender,the following described property located in the COUNTY
`[Type of Recording Jurisdiction]
`of ODUVAL
`[Nameof Recording Jurisdiction]:
`SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
`
`0191120000
`Parcel ID Number:
`7188 EUDINE DR S$
`JACKSONVILLE
`(“Property Address"):
`
`which currently has the address of
`[Street]
`[Zip Code]
`[City], Florida
`32210
`
`TOGETHER WITH all the improvements now orhereafter 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 foregoingis referred to in this Security Instrumentas the
`"Property."
`
`D>-6(FL) (0005)
`
`Page 3 of 16
`
`Initials: C . a
`Form 3010 1/01
`
`saeeeeneeeenemmnenee—___|
`
`

`

`Book 11713 Page 303
`
`BORROWER COVENANTSthat 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 tide to the Property against all
`claims and demands, subject to any encumbrances ofrecord.
`THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
`covenants with limited variations by jurisdiction to constitute a uniform security instrument coveringreal
`property.
`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 instrumentreceived 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 selected
`by Lender: (a) cash; (b) moneyorder; (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 paymentor partial paymentif the payment or partial payments are insufficient to bring
`the Loan current. Lender may accept any paymentor partial paymentinsufficient to bring the Loan current,
`without waiver of any rights hereunderor prejudiceto its rights to refuse such paymentor partial payments in
`the future, but Lenderis not obligated to 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 hold such unapplied 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
`Instrumentor 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 ofpriority: (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 Periodic Paymentin 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 to the delinquent payment and the
`late charge. If more than one Periodic Paymentis outstanding, Lender may apply any paymentreceived from
`Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
`
`p-6(FL) {0005}
`
`Page 4 of 16
`
`Initials; LS a
`Form 3010 1/01
`
`

`

`Book 11713 Page 304
`
`full. To the extent that any excess exists after the paymentis 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 prepaymentcharges and then as described in the Note.
`Anyapplication of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
`Noteshall not extend or postpone the due date, or change the amount,of the Periodic Payments.
`3. Funds for Escrow Items. Borrowershall 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 duefor: (a)
`taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
`encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
`for any andall insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums,if any,
`or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiumsin
`accordance with the provisions of Section 10. These itemsare 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 assessments shall be an Escrow Item.
`Borrowershall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
`shalt 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 Fundsfor anyorall
`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 agreementcontained 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 Borrowershall then be obligated
`under Section 9 to re