Filing # 195973380 E-Filed 04/11/2024 11:02:03 AM
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`16-2024-CA-001910-AXXX-MA Div: CV-D
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/12/2024 08:12:11 AM
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`

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`4. QOnor about October 10, 2005, DANIEL RAY PURVIS A/K/A DANIEL R. PURVIS executed
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`and delivered a mortgage securing payment of the note to NEW CENTURY MORTGAGE
`
`CORPORATION.The mortgage was recorded on October 28, 2005, in Official Record Book
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`12849, at Page 1693, of the Public Records of Duval County, Florida, and encumbered the
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`property described in the mortgage then owned byandin possession of the mortgagor, a copy
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`of the mortgage being attached hereto as Exhibit "B". The Mortgage and Note (collectively
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`"Loan Documents") were modified pursuant to a Fixed Rate Loan Modification Agreement
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`executed December 29, 2008. Further, the loan documents were modified pursuant to a Non-
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`HAMPLoan Modification Agreement executed August 19, 2013. Further, the loan documents
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`were modified pursuant to a Loan Modification Agreement executed February 13, 2017.
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`Further, the loan documents were modified pursuant to a Loan Modification Agreement
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`executed July 13, 2022. Further, the loan documents were modified pursuantto a Notification
`
`of Payment Deferral (“Payment Deferral”) dated May 2, 2023. Further, the loan documents
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`were modified pursuant to a Payment Deferral dated June 8, 2023. Further, the loan documents
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`were modified pursuant to a Payment Deferral dated July 7, 2023. Further, the loan documents
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`were modified pursuant to a Payment Deferral dated August 4, 2023. Further,
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`the loan
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`documents were modified pursuant to a Payment Deferral dated September 6, 2023. Further,
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`the loan documents were modified pursuant to a Payment Deferral dated October 4, 2023.
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`Copies of the Loan Modification Agreements and Payment Deferrals are attached hereto as
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`Exhibit "C".
`
`5. The mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequentright,title,
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`claim, lien or interest arising out of mortgagor(s) or the mortgagor(s)' predecessor(s) in interest.
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`24-181410
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`PAGE2
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`6. Plaintiff is the holder of the original note secured by the mortgage andis entitled to foreclose
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`pursuant to Florida Statute 673.3011(1).
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`7. PHH Mortgage Corporation ("PHH")is the loan servicer for this particular loan. Plaintiff has
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`delegated PHHthe authority to service the loan on its behalf pursuant to a Limited Power of
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`Attorney.
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`8. Defendant(s) have defaulted under the Note, Mortgage, Loan Modification and Payment
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`Deferrals by failing to pay the payment due as of October 1, 2023, and all subsequent
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`payments.
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`9. Plaintiff declares the full amount payable under the Note, Mortgage, Loan Modification and
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`Payment Deferrals to be due, except to the extent any part of that amount is or would be subject
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`to a statute of limitations defense.
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`10. Defendant(s) owe Plaintiff $207,821.30, which includes a deferred principal balance in the
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`amount of $37,270.39 that is due and owing on principal on the Note, Mortgage, Loan
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`Modification and Payment Deferrals, plus interest from and after September 1, 2023, andtitle
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`search expenses for ascertaining necessary parties to this action, pursuant to the documents
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`attached, except for those defendants who have been discharged in bankruptcy.
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`11. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem Taxes,
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`premiumson insurance required by the Mortgage and other necessary costs, or may be required
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`to make such advances during the pendencyofthis action. Any such sum(s) so paid will also
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`be due and owingto the Plaintiff.
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`12. The property is now owned by Defendant(s), DANIEL RAY PURVIS A/K/A DANIEL R.
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`PURVIS,andthe record legal title to said mortgaged property is now vested in Defendant(s),
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`DANIEL RAY PURVIS A/K/A DANIEL R. PURVIS who now hold(s) possession.
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`24-181410
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`PAGE3
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`

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`Is.
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`All conditions precedent to the acceleration of this mortgage note and to foreclosure of the
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`mortgage,
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`loan modification and payment deferrals have occurred, been satisfied or been
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`waived.
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`14.
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`Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is entitled
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`to recover its attorneys’ fees pursuant to the express terms of the Note, Mortgage, Loan
`
`Modification and Payment Deferrals.
`
`13.
`
`Plaintiff alleges that the claims of the remaining Defendants are secondary,junior, inferior and
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`subject to the prior claim of Plaintiff.
`
`. Defendant, UNKNOWN SPOUSEOF DANIEL RAY PURVIS A/K/A DANIELR. PURVIS,
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`may claim someright, title, or interest in the property herein sought to be foreclosed by virtue
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`of homestead rights, possession or some other unknowninterest, the exact nature of which is
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`unknown to Plaintiff and not a matter of public record. However, said interest, if any, is
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`subordinate, junior, and inferior to the lien of Plaintiffs mortgage.
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`WHEREFORE,Plaintiff demands judgment foreclosing the mortgage, for costs (and, when
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`applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay plaintiffs
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`claim, a deficiency judgment. Request that subject to any applicable statute of limitations, that the
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`Court ascertain the amount due to Plaintiff for principal and interest on the Note, Mortgage, Loan
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`Modification and Payment Deferrals and for late charges, abstracting, taxes, expenses and costs,
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`including attorney's fees, plus interest thereon; that if the sums due Plaintiff under the Note,
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`Mortgage, Loan Modification and Payment Deferrals are not paid immediately, the Court foreclose
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`the Mortgage and the Clerk of the Court sell the Property securing the indebtednessto satisfy the
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`Plaintiff's mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2011); that
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`the rights, title and interest of any Defendant, or any party claiming by, through, under or against
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`24-181410
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`PAGE4
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`

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`any Defendant named herein or hereinafter made a Defendant be forever barred and foreclosed;
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`that the Court appoint a receiver ofthe Property and of the rents, issues, incomeandprofits thereof,
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`or in the alternative, order sequestration of rents, issues, income and profits pursuant to Florida
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`Statutes §697.07 (2006); and that the Court retain jurisdiction of this action to make any andall
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`further orders and judgments as may be necessary and proper, including the issuance of a writ of
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`[THIS SPACE INTENTIONALLY LEFT BLANK]
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`24-181410
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`PAGE 5
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`

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`possession andthe entry of a deficiency judgmentdecree, when andif such deficiency decreeshall
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`appear proper, if borrower(s) has not been discharged in bankruptcy.
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`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 knowledgeandbelief.
`
`Executed on this 5™ day of
`
`April
`
`, 2024.
`
`By:4S/.Jacqueline$.Michaelson
`
`Print Name:
`
`Jacqueline S. Michaelson
`
`Title:
`
`Contract Management Coordinator
`
`U.S. BANK TRUST COMPANY, NATIONAL
`ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-
`IN-INTEREST TO U.S. BANK NATIONAL
`ASSOCIATION,
`AS
`TRUSTEE
`FOR
`RESIDENTIAL
`ASSET
`MORTGAGE
`PRODUCTS,
`INC., MORTGAGE
` ASSET-
`BACKED PASS-THROUGH CERTIFICATES,
`SERIES 2005-NC1 by its attorney-in-fact PHH
`Mortgage Corporation
`
`RE:
`
`Borrower:
`Address:
`
`File #:
`
`DANIEL RAY PURVIS A/K/A DANIEL R. PURVIS
`3057 SHADY DR
`JACKSONVILLE,FL 32257
`24-181410
`
`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
`
`24-181410
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`PAGE 6
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`

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`‘
`
`~
`
`~~
`
`‘
`
`October 10, 2005
`[Date]
`
`Jacksonville
`[City]
`3057 Shady Drive, Jacksonville, FL
`
`32257
`
`Florida
`[State]
`
`[Property Address]
`
`1. BORROWER'S PROMISE TO PAY
`(this amountis called "Principal"),
`In return for a loan that ] have received, I promise to pay U.S. $253,000.00
`plusinterest, 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 money order.
`I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and whois
`entitled to receive payments under this Noteis called the "Note Holder."
`
`2.
`
`INTEREST
`Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
`rate of
`7.400 %.
`Theinterest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
`
`of this Note.
`
`3. PAYMENTS
`(A) Time and Place of Payments
`I will pay principal and interest by making a payment every month.
`I will make my monthly payment on the lst
`day of each month beginning on December 1, 2005
`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 11/01/2035
`, 1 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. $ 1,751.73
`
`4. BORROWER'S RIGHT TO PREPAY
`I have the right to make payments of Principal at any time before they are due. A prepaymentofall of the unpaid principal
`is known as a "Full Prepayment." A prepaymentof 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 1 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 Prepaymentat
`any time. However, if within the first Thirty-six
`months after the execution of the Mortgage, I make any
`prepayment(s) within any 12-month period the total amount of which exceeds twenty
`percent (
`20 %) of the original Principal amountofthis loan, I will pay a prepayment charge in an amount
`equal to the payment of 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.
`
`FLORIDA FIXED RATE NOTE- Single Family - With Prepayment Penalty
`
`Z,-105N(FL) 0302)
`Initials:
`Page 1 of 3
`VMP MORTGAGE FORMS- (800)521-7291
`
`0
`
`:
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`.
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`

`

`mS i 3
`
`,
`5. LOAN CHARGES.
`If a Jaw, which applies to this loan and which’sets indians loan charges, is finally interpreted so that the interest or other
`loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
`shall be reduced by the amount 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 payment to me.If a refund reduces Principal, the reduction will be treated
`as a Partial Prepayment.
`
`6. BORROWER'S FAILURE TO PAY AS REQUIRED
`(A) Late Charge for Overdue Payments
`calendar days
`If the Note Holder has not received the full amount of any monthly payment by the end of fifteen
`5.000 % of
`after the date it is due, I will pay a late charge to the Note Holder. The amountof the charge will be
`my overdue paymentofprincipal 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 payment onthe date it is due, I will be in default.
`(C) Notice of Default
`If I am in default, the Note Holder may send mea 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 and all
`the interest that I owe on that amount. That date must beat least 30 days after the date on which the notice is mailed to me or
`delivered by other means.
`(D) No Waiver By Note Holder
`Evenif, 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) Payment of 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 me for 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.
`
`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.
`Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
`class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if J] am given a notice of that
`different address.
`
`8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
`If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
`this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
`also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
`or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
`under this Note against each person individually or against all of us together. This means that any one of us may be required to
`pay all of the amounts owed 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 Holderto give notice to other persons that amounts due have not been paid.
`
`10. APPLICABLE LAW
`This Note shall be governed by the laws of the State of Florida. If a law, which applies to this loan and sets maximum loan
`charges is 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 1 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 eventwill
`a prepayment charge be assessed if the Note Holder chooses to reduce my Principal balance by applying such excess amounts,
`
`>,“105N(FL) (0302)
`
`Page 2 of 3
`
`10;
`
`fae
`
`4
`
`Initials:
`
`

`

`at
`
`. UNIFORM,SECURED NOTE
`This Note'tsa uniform instrumentwith limited seater 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 same date as
`this Note, protects the Note Holder from possible losses which mightresultif I donot keep the promises which I makein this
`Note. That Security Instrument describes how and under what conditions I may be required to make immediate’‘paymentin full
`ofall amounts I owe under this Note. Some of 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 Borrower is
`not a natural person and a beneficial interest in Borrower is 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 must pay all sums secured by this Security Instrument. If Borrower fails to pay these
`sums prior to 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 inciefnedinens,
`
`WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
`
` (Sell) 4. eal)
`
`DANIEL RAY PURVIS
`
`-Borrower
`
`“
`
`-Borrower
`
`(Sel) 9. ll)
`-Borrower
`-Borrower
`
`(Seal) —SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS7(Seal)
`
`-Borrower
`-Borrower
`
`(Seal) aSal)
`-Borrower
`-Borrower
`
`[Sign Original Only]
`
`>.“105N(F L) (0302)
`
`Page 3 of 3
`
`‘
`
`2103
`
`

`

`
` 5 Boy on
`
`AN.P/Racords Management
`
`PAY TO THE ORDER OF
`U.S. Bank National Association as Trustee
`WITHOUTRECOURSE
`Residential Funding Corporathon
`
`oilyCade
`
`Juéy
`
`Faber, Vice President
`
`

`

`ALLONGE TO NOTE
`
`This endorsement is a permanent part of the Note in the amount of $253,000.00
`
`NOTE DATE: October 10, 2005
`
`BORROWER NAME: DANIEL RAY PURVIS
`
`PROPERTY: 3057 SHADY DRIVE, JACKSONVILLE,FL 32257
`
`PAY TO THE ORDEROF:
`
`U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET MORTGAGE
`PRODUCTS,INC., MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES
`2005-NC1
`
`WITHOUT RECOURSE
`
`U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE BY ITS ATTORNEY IN FACT OCWEN
`LOAN SERVICING, LLC
`
`( nial PasShube
`
`Signer:Demiah Bascombe
`Title: Authorized Signer
`
`

`

`Loan
`
`ALLONGE TO NOTE
`
`This endorsementis a permanentpart of the Note in the amount of $253,000.00
`
`NOTE DATE: 10/10/2005
`
`BORROWER NAME: DANIEL RAY PURVIS
`
`PROPERTY: 3057 SHADY DRIVE, JACKSONVILLE, FL 32257
`
`PAY TO THE ORDEROF:
`U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION,AS TRUSTEE, AS
`SUCCESSOR-IN-INTEREST TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
`FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGEASSET-
`BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-NC1
`
`WITHOUT RECOURSE:
`U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET
`MORTGAGE PRODUCTS, INC., MORTGAGE ASSET-BACKED PASS-THROUGH
`CERTIFICATES, SERIES 2005-NC1
`
` SZ
`
`
`
`Signer: Casandra McClendon
`Title:
`Servicing Operations Specialist
`
`

`

`Loan
`
`ALLONGE TO NOTE
`
`This endorsementis a permanentpartof the Note in the amount of $253,000.00
`
`NOTE DATE: 10/10/2005
`
`BORROWER NAME: DANIEL RAY PURVIS
`
`PROPERTY: 3057 SHADY DRIVE, JACKSONVILLE, FL 32257
`
`PAY TO THE ORDEROF:
`
`WITHOUT RECOURSE:
`U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-
`IN-INTEREST TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL
`ASSET MORTGAGEPRODUCTS, INC., MORTGAGE ASSET-BACKED PASS-THROUGH
`CERTIFICATES, SERIES 2005-NC1
`
`Signer: Casandra McClendon
`Title:
`Servicing Operations Specialist
`
`

`

`Filed & Recorded
`Doc # 2005396670, OR BK 12849 Page 1693, Number Pages: 17,
`10/28/2005 at 11:15 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING
`$146.00 MORTGAGE DOC ST
`$885.50
`INTANGIBLE TAX $506.00
`rane
`
`Return To:
`New Century Mortgage
`Corporation
`18400 Von Karman, Ste 1000
`Irvine, CA 92612
`
`This document was prepared by:
`New Century Mortgage
`Corporation
`18400 Von Karman, Ste 1000
`Irvine, CA 92612
`
`
`
`——
`
`[Space Above This Line For Recording Tata] — ——_—
`MORTGAGE
`
`DEFINITIONS
`
`Words used in multiple sections of this document are defined below and other words are defined in
`Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in (his document are
`also provided in Section 16.
`
`(A) "Security Instrument” means this document, which is dated October 10, 2005
`together with all Riders to this document
`(B) “Borrower” is DANIEL RAY PURVIS , a single person
`
`.
`
`Borrower is 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-Singlo Family-Fanrie Mae/Freddke Mac UNIFORM INSTRUMENT
`
`Form 3010 1/ 01
`
`GZ,A1FL)0005).02
`
`(evrabis:
`Page | of 16
`VMP MORTGAGE FORMS - (800)521-7201
`
`tiff
`
`of
`
`*
`
`S|
`
`

`

`OR BK
`
`12849
`
`PAGE
`
`1694
`
`
`
`Lender's address is 18400 Von Karman, Suite 1000, Irvine, CA 92612
`
`Lender is the mortgagee under this Security Instrument.
`(D) "Note" means the promissorynote signed by Borrower and dated October 10, 2005
`The Note states that Borrower owes Lender THO HUNDRED FIFTY-THREE THOUSAND AND 00/100
`Dollars
`) plus interest. Borrower has promised to paythis debt in regular Periodic
`(U.S. $253,000.00
`Payments and to pay the debt in full not later than 11/01/2035
`:
`(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 under this Security Instrument, plus interest.
`(G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following
`Riders are to be executed by Borrower [check box as applicable}:
`
`() Adjustable Rate Rider |_) Condominium Rider
`Balloon Rider
`Planned Unit Development Rider
`L_J VA Rider
`Biweekly Payment Rider
`
`Second Home Rider
`1-4 Family Rider
`|__] Other(s) [specify]
`
`(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
`ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
`non-appealable judicial opinions.
`(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 condominmm association, homeowners
`association or similar organization,
`(4) "Electronic Fonds Transfer" means any transfer of funds, other than a transacuon originated by
`check, draft, or similar paper instrument, which is initiuled through an electronic terminal, telephonic
`instrument, computer, or magnetic tape sa as to order, instruct, or authorize a financial instination 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" means those items that are described in Section 3.
`(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds puid
`by any third party (other than insurance proceeds paid under the coverages described in Section 3) for: (i)
`damage to, or destruction of,
`the Property, (ii) condemnation or uther taking of all or any part of the
`Property; (iii) conveyance in liew 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 nonpaymem uf, or default on,
`the Loan.
`(N) "Periodic Payment" means the regularly scheduled ammount due for (i) principal and interest under the
`Note, plus (ii) any amounts under Section 3 of this Security Instrument.
`seaOL/ ——
`Form 3010
`1/04
`
`Fu) (0005).02
`
`Page 2 of 16
`
`

`

`OR BK
`
`12649
`
`PAGE
`
`1695
`
`(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
`implementing regulation, Regolation X (24 C.F.R. Part 3500), as they might be amended from time to
`time, or any additional or successor Legislation or regulation that governs the same subject matrer. As used
`in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
`to a “federally related mortgage Ioan‘ even if the Loan does not qualify as a “federally related mortgage
`loan" under RESPA.
`(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
`not that party has assamed Borrower's obligations under the Note and/or this Security Instrument.
`
`TRANSFER OF RIGHTS IN THE PROPERTY
`
`This Security Instrument secures to Lender: (i) the repayment of the Loan, andall renewals, extension and
`mudifications of the Note; and (ii) the performance of Borrower's cuvenants 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 theCounty
`[Type of Recorting Jurisdictive|
`of Duval
`[Name of Recording Juriadictinn):
`See Legal Deseription Attached Hereto and Made a Part Hereof
`
`Parcel 1D Namber: 149591-0000
`3057 Shady Drive
`Jackeonvilis
`("Property Address"):
`
`which currently has the address of
`[Street]
`[Zap Code]
`
`[Cay], Florida 32257
`
`the improvements now or hereafter erected on the property, und all
`TOGETHER WITH all
`easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
`additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
`Security Instrument as the "Property."
`
`
`
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`s
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`BORROWER COVENANTSthet Borrower is lawfully seised of the estate hereby conveyed and has
`the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
`encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
`claims and demands, subject to any encumbrances of record.
`THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
`covenants with limited variations by jurisdiction to constimte a uniform security instrument covering real
`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 fur Escrow Items
`pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
`currency. However, if any check or other instrument received by Lender as payment under the Note or this
`Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
`due under the Note and this Security Instrument be made in one or more of the following forms. us
`selected by Lender: (a) cash; (b) money order;
`(c) certified check, bank check, treasurer's check or
`cashier's check, provided any such check is drawn upon an institution whose depusits 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 urat
`such other location as may be designated by Lender in accordance with the notice provisions in Section 15,
`Lender may return way payment or partial payrnent if the payment or partial payments are insufficient to
`bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
`current, without waiver of any rights hereunder or prejudice lo its rights to refuse such payment or partial
`payments in the future, but Lender is not obligated to apply such paymentsal 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 unapplicd funds, Lender may hold such unapphed 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 ur return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
`principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
`might have now or in the future against Lender shall relieve Borrower from making payments due under
`the Note and this Security Instrument or performing the covenants aml agreements secured by this Security
`Instrument.
`2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,
`alll
`payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
`due under the Note; (bh)principal due under the Note; (c) amounts due under Section 3. Such payments
`shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
`shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
`then to reduce the principal balance of the Note.
`If Lender receives a payment from Borrower for 2 delinquent Periodic Payment which includes a
`sufficient amount to pay anylate charge due, the payment may be upplied to the delinguem payment amd
`the late charge, If more than one Periodic Paymentis outstanding, Lender may apply any payment received
`from Borrower to the repayment of the Periodic Payments if, and to the extent
`that, each payment
`aInitiaIs:
`Form 3010
`1/01
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`ZpAFu) (0005).02
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`can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of
`one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
`prepayments shall be applied first to any prepayment charges and then as described in the Note.
`Any application of payments,
`insurance proceeds, or Miscellancous Proceeds (o principal due under
`the Note shall not extend or postpone the due date, or change the amount,of the Periodic Payments.
`3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due
`under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
`for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as @
`lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
`premiums for any and all insurance required by Lender under Section 5; and (d) Montgage Insurance
`premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
`Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
`Items.” At origination or at any time during the term of the Loan, Lender may require that Community
`Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues,
`fees and
`assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
`be paid under this Section. Borrower shall pay Lender (be Funds for Escrow Items unless Lender waives
`Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
`obligation to pay to Lender Funds for any or all EscrowItems at any time. Any such waiver may only be
`in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
`due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
`shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
`Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
`be a covenant and agreement contained in this Security Tnstrument, 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
`Borrowerfails (o pay the amount due for an Escrow Item, Lender may exervise its rights under Section 9
`and pay such amount and Borrower shall then be obligated under Section 9 to repay tu Lender any such
`amount, Lender may revoke the waiver as lv any or all Escrow Items at any time by a notice given in
`accordance with Section 15 and, pon such revocation, Borrower shall pay to Lender all Funds, and in
`such amounts, thal are then required under this Section 3.
`Lender may, at any time