Filing # 194750576 E-Filed 03/25/2024 03:26:35 PM
`Filing # 194750576 E-Filed 03/25/2024 03:26:35 PM
`
`IN THE CIRCUIT COURT OF THE ELEVENTH
`JUDICIAL CIRCUIT IN AND FOR MIAMI-
`DADE COUNTY, FLORIDA
`GENERAL JURISDICTION DIVISION
`CASE NO.
`
`DEUTSCHE BANK NATIONAL TRUST
`COMPANY,
`AS
`TRUSTEE
`FOR
`MORGAN STANLEY ABS CAPITAL I
`INC. TRUST 2007-NC1 MORTGAGE
`PASS-THROUGH
`CERTIFICATES,
`SERIES 2007-NC1,
`Plaintiff,
`
`VS.
`
`ARVA COVINGTON A/K/A ARVA L.
`COVINGTON; DARNELL WILLIAMS;
`STEHSON COVINGTON; UNKNOWN
`SPOUSE OF ARVA COVINGTON A/K/A
`ARVA L. COVINGTON; UNKNOWN
`SPOUSE OF DARNELL WILLIAMS;
`UNKNOWN SPOUSE OF
`STEHSON
`COVINGTON,
`Defendant(s).
`/
`
`VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE
`
`Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE
`FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-NC1 MORTGAGEPASS-
`THROUGHCERTIFICATES, SERIES 2007-NC1, sues the Defendants and alleges:
`
`COUNT I—- MORTGAGE FORECLOSURE
`
`1. This is an action to foreclose a mortgage on real property in MIAMI-DADECounty, Florida.
`
`2. The Court hasjurisdiction over the subject matter.
`
`3. On or about August 29, 2006, MAE LOIS COVINGTON A/K/A LOIS COVINGTON,
`
`DECEASEDexecuted and delivered a promissory note. A copy of the note is attached hereto
`
`as Exhibit "A".
`
`23-159826
`
`PAGE 1
`
`

`

`4. On or about August 29, 2006, MAE LOIS COVINGTON A/K/A LOIS COVINGTON,
`
`DECEASED and ARVA COVINGTON A/K/A ARVA L. COVINGTON executed and
`
`delivered a mortgage securing payment of the note to NEW CENTURY MORTGAGE
`
`CORPORATION.The mortgage was recorded on October 2, 2006, in Official Record Book
`
`24965, at Page 4650, of the Public Records of Miami-Dade County, Florida, and encumbered
`
`the property described in the mortgage then owned by and in 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 Loan Modification Agreement
`
`dated June 11, 2010. Further,
`
`the loan documents were modified pursuant
`
`to a Loan
`
`Modification Agreement executed February 8, 2013. Further,
`
`the loan documents were
`
`modified pursuant to a Notification of Payment Deferral (“Payment Deferral”) dated August
`
`3, 2022. Further, the loan documents were modified pursuant to a Payment Deferral dated
`
`September6, 2022. Further, the loan documents were modified pursuant to a Payment Deferral
`
`dated October 4, 2022. Further, the loan documents were modified pursuant to a Payment
`
`Deferral dated November 2, 2022. Further, the loan documents were modified pursuant to a
`
`Payment Deferral dated December 5, 2022. Further, the loan documents were modified
`
`pursuant to a Payment Deferral dated January 4, 2023. Further, the loan documents were
`
`modified pursuant to a Payment Deferral dated February 3, 2023. Further, the loan documents
`
`were modified pursuant to a Payment Deferral dated March 3, 2023. Further, the loan
`
`documents were modified pursuant to a Payment Deferral dated April 6, 2023. Further, the
`
`loan documents were modified pursuant to a Payment Deferral dated May 2, 2023. Further,
`
`the loan documents were modified pursuant to a Payment Deferral dated June 8, 2023. Further,
`
`the loan documents were modified pursuant to a Payment Deferral dated July 7, 2023. Copies
`
`23-159826
`
`PAGE 2
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`

`

`of the Loan Modification Agreements and Payment Deferrals are attached hereto as Exhibit
`
`"Cc",
`
`5. The mortgage of the 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.
`
`6. Plaintiff is the holder of the original note secured by the mortgageandis entitled to foreclose
`
`pursuantto Florida Statute 673.3011(1).
`
`7. PHH Mortgage Corporation ("PHH")is the loan servicer for this particular loan. Plaintiff has
`
`delegated PHHthe authority to service the loan on its behalf pursuant to a Limited Power of
`
`Attorney.
`
`8. Defendant(s) have defaulted under the Note, Mortgage, Loan Modification and Payment
`
`Deferrals by failing to pay the payment dueas of July 1, 2023, and all subsequent payments.
`
`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 $41,569.94, which includes a deferred principal balance in the
`
`amount of $12,194.70 that is due and owing on principal on the Note, Mortgage, Loan
`
`Modification and Payment Deferrals, plus interest from and after June 1, 2023, andtitle search
`
`expenses for ascertaining necessary parties to this action, pursuant to the documents attached,
`
`except for those defendants who have been discharged in bankruptcy.
`
`11. On or about March 17, 2023, MAE LOIS COVINGTON A/K/A LOIS COVINGTONdied.
`
`12. 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
`
`23-159826
`
`PAGE 3
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`

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`to make such advances during the pendencyofthis action. Any such sum(s) so paid will also
`
`be due and owingto the Plaintiff.
`
`13. The property is now owned by Defendant(s) ARVA COVINGTON A/K/A ARVA L.
`
`COVINGTON, DARNELL WILLIAMSand STEHSON COVINGTON,andthe record legal
`
`title to said mortgaged property is now vested in Defendant(s), ARVA COVINGTON A/K/A
`
`ARVA L. COVINGTON, DARNELL WILLIAMSand STEHSON COVINGTONwho now
`
`hold(s) possession.
`
`14. 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.
`
`15. Plaintiff is obligated to pay its attorneys a reasonablefee 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.
`
`16. Plaintiff alleges that the claims of the remaining Defendants are secondary,junior, inferior and
`
`subject to the prior claim of Plaintiff.
`
`17. Defendant, UNKNOWN SPOUSE OF ARVA COVINGTON A/K/A ARVA _L.
`
`COVINGTON, 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.
`
`18. Defendant, UNKNOWN SPOUSE OF DARNELL WILLIAMS, mayclaim someright,title,
`
`or interest in the property herein sought to be foreclosed by virtue of homestead rights,
`
`possession or some other unknowninterest, the exact nature of which is unknown to Plaintiff
`
`23-159826
`
`PAGE 4
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`

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`and not a matter of public record. However, said interest, if any, is subordinate, junior, and
`
`inferior to the lien of Plaintiffs mortgage.
`
`19. Defendant, UNKNOWN SPOUSE OF STEHSON COVINGTON,mayclaim 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 judgmentforeclosing the mortgage, for costs (and, when
`
`applicable, for attorneys’ fees), and, if the proceeds ofthe sale are insufficient to pay plaintiff's
`
`claim, a deficiency judgment. Request that subject to any applicable statute of limitations, that the
`
`Court ascertain the amount due to Plaintiff for principal and interest on the 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,
`
`Mortgage, Loan Modification and PaymentDeferrals 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 andofthe 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
`
`23-159826
`
`PAGE 5
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`

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`possession and the entry of a deficiency judgment decree, when and if such deficiency decree
`
`shall appear proper, if borrower(s) has not been discharged in bankruptcy.
`
`VERIFICATION
`
`Underpenalty of perjury, I declare that I have read the foregoing, andthe facts alleged therein
`are true and correct to the best of my knowledge andbelief.
`
`Executed on this 19th day of
`
`February
`
`, 2024.
`
`DEUTSCHE NATIONAL=TRUSTBANK
`
`
`COMPANY, AS TRUSTEE FOR MORGAN
`STANLEY ABS CAPITAL I INC. TRUST 2007-
`NCI
`MORTGAGE
`PASS-THROUGH
`CERTIFICATES,
`SERIES
`2007-NCI
`by
`its
`attorney-in-fact PHH Mortgage Corporation
`
`
`
`By:_/s/.Jacqueline5.Michaelson
`
`PrintName:
`
`Jacqueline S. Michaelson
`
`Title:
`
`Contract Management Coordinator
`
`RE:
`
`Borrower:
`Address:
`
`File #:
`
`MAELOIS COVINGTONA/K/A LOIS COVINGTON, DECEASED
`2937 NW 51ST ST
`MIAMI,FL 33142
`23-159826
`
`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
`
`23-159826
`
`PAGE 6
`
`

`

`August 29, 2006
`[Date]
`
`MIANI
`[City]
`2937 NW 51ST STREET, MIAMI, FL
`
`33142-
`
`Florida
`[State]
`
`NOTE
`
`{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. $75,850.00
`plusinterest, to the order of the Lender. The Lender is New Century Mortgage Corporation
`
`I will make all payments under this 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 who is
`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. J will pay interest at a yearly
`rate of
`7.775 %.
`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 1st
`day of each month beginning on November 1, 2006
`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 10/01/2036
`,
`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 payment will be in the amount of U.S. $ 544.71
`
`4. BORROWER'S RIGHT TO PREPAY
`I havethe 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 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, J must still 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 Thirty-six
`monthsafter 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 %) ofthe original Principal
`amountofthe foan.
`
`FLORIDA FIXED RATE NOTE- Single Family - With Prepayment Penalty
`
`ZD,-1O5NIFL) to302)
`initiats:
`Page 1 of 3
`VMP MORTGAGEFORMS- (800}521-7291
`
`103
`
`

`

`e=
`
`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 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 makethis 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
`as a Partial Prepayment.
`
`6. BORROWER'S FAILURE TO PAYAS 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 chargewill be
`my overdue paymentof principal and interest. I will pay this late charge promptly but only once on each late payment.
`(@) Default
`If I do not pay the full amount of each monthly paymentonthe 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 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 by other means.
`(@) 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) 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 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.
`
`.
`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 above orat 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 underthis 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) aboveor at a different address if 1 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 endorserof this Note, is also obligated to keep all of the promises made in this Note. The Note Holder mayenforce its rights
`underthis Note against each person individually or againstall of us together. This means.that any one of us may be required to
`payall of the amounts owed under this 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 amountnecessary to reduce the
`interest or other charge to the permitted limit; and (b) any sums already 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 prepayment charge beassessed if the Note Holder chooses to reduce my Principal balance by applying such excess amounts.
`
`GD -105N(FL) (0302)
`®
`
`Page 2 of 3
`
`403
`
`initials:
`
`AZ
`
`

`

`,
`
`Pd
`
`’
`
`’
`
`/
`it. UNIFORM SECURED NOTE
`This Note is a uniform instrument with limited variations in some jurisdictions. 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 might result if I do not keep the promises which I makein this
`Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate paymentin full
`ofall amounts I owe underthis 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 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 Lenderif 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 indebtedness.
`
`WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
`
`
`=
`(Seal)
`
`MAE LOIS COVINGTON
`-Borrower
`
`(Seal)
`-Borrower
`
`
`(Seal)
`-Borrower
`
`
`
`(Seal)
`-Borrower
`
`
`
`(Seal)
`-Borrower
`
`
`(Seal)
`-Borrower
`
`
`
`©
`> -105N(FL) 10302)
`
`(Seal)
`-Borrower
`
`
`
`
`Payto thegarderof, «githout recourse
`
`
`.
`
`
`ortg
`ion
`
`
`SieiNegy fe
`(P Records Ma
`Page 3 of 3
`nagement
`2/03
`
`
`
`
`
`(Seal)
`-Borrower
`
`[Sign Original Only]
`
`

`

`Return To:
`New Century Mortgage
`{8000von k
`48400 Von Karman. Ste 1000
`Irvine. CA 92612
`
`This. document was prepared by:
`New Century Mortgage
`Corporation
`18400 Von Karman, Ste 1000
`Irvine. CA $2612
`
`=
`=
`ate249ra&Sac tek rhea5}
`RECORDED POsOR/BONS 13 sB6s18
`Tae”rhea8hs70,
`;
`aa nt
`HARVEY RUVINa CLERK OF COURT
`MIAMI-GADE COUNTY? FLORIDA
`
`[Space AboveThis Line For Recording Data]
`
`
`
`MORTGAGE tt
`
`ee
`
`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 this document are
`also provided in Section 16.
`(A). "Security Instrument" micans this document, which is dated August 29. 2606
`together with all Riders to this document.
`(B) "Borrower" is MAE LOTS COVINGTON. A Single Woman and ARVA COVINGTON, A
`Single Woman
`
`Borrower is the mortgagor under this Security Instrument.
`(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
`acting. solely as a nominee for Lender and Lender's successors and. assigns: MERS is the mortgagee
`under this Security Instrument. MERS is organized and existing under the laws of Delaware, and hasan
`address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
`(Dy “Lenderis New Century Mortgage Corporation
`
`*
`
`FLORIDA-Singlé faimily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
`
`Form 3010 T0717
`
`=
`(QED -GAIFL) 0008102
`initia: ee
`Paga 1 of 16
`VP MORTGAGE FORMS + (GO0}521-7251
`
`Gf. é
`
`Book24965/Page4650 CFN#20061056132
`
`Page 1 of 17
`
`

`

`a
`
`Lender is a Corporation
`organized and existing under the laws of California
`Lender's address. is 18400 Von Karman, Suite 1000,
`
`Irvine, CA $2612
`
`{E) "Note" means the promissory note signed by Borrower and dated August 29, 2006
`The Note states that Borrower owes Lender SEVENTY-FIVE THOUSAND EIGHT HUNDRED FIFTY
`AND 00/100
`Dollars
`(U.S. $75,850.00
`) plus imerest. Borrower has promised to: pay this debt in regular Periodic
`Payments and to pay the debt in full not later than 10/01/2036
`.
`(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
`Property.”
`(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
`due under the Note, and all sums due under this Security Instrument, plus. interest.
`(ED. "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]:
`
`(_] Second Home Rider
`(_] Adjustable Rate Rider {_] Condominium Rider
`Balloon Rider
`[__] Planned Unit Development Rider [__] 1-4 Family Rider
`VA Rider
`[__] Biweekly Payment Rider
`(] Other(s) [specify]
`
`regulations,
`@) “Applicable Law" means all controlling applicable federal, state and local statutes,
`ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
`non-appealable judicial opinions.
`ch "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.
`(K} “Electronic Fonds 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 asto order, instruct, or authorize a financial institution to debit
`or credit an account. Such term inchides, but is aot limited to, point-of-sale transfers, automatedteller
`machine transactions,
`transfcrs initiated by telephone, wire transfers, and automated clearinghouse
`transfers.
`(L) "Escrow Items" means those items that are described in Section 3.
`{M) “Miscellaneous Proceeds" means. any compensation, settlement, award of damages, or proceeds paid
`by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
`damage to, or destruction of, the Property;, Gi) condemmation or other taking of all or any part of the
`Property; Gil) conveyance in lieu of condemmation; or (iv) misrepresentations of, or omissions as to, the
`value and/or condition of the Property.
`@) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
`the Loan.
`(QO) "Periodic Payment" means the regularly scheduled amount due for G) principal and interest under the
`Note, plus (ii) any amounts under Section 3 of this Security Instrument.
`
`Sp,“GA(FL) iooos).o2
`
`Page .2 of 18
`
`initiate:Le
`Gt
`
`Form 3010 1/01
`
`Book24965/Page4651
`
`CFN#20061056132
`
`Page 2 of 17
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`(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
`implementing regulation, Regulation 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 matter. As used
`in this Security Instrument, "RESPA” refers to all requirements and restrictions that are imposed in regard
`to a ;federallyrtelated Tmortgage loan" even if the Loan does not qualify as a “federally related mortgage
`oan” under
`:
`(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
`not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
`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
`MERS(solely as nominee for Lender and Lender's successors and assigns) and to the successors and
`assigns of MERS, the following described property located in the County
`[Type of Recording Jurisdiction]
`of MIAMI - DADE
`[Name of Recording Jurisdiction]:
`See Legal Description Attached Hereto and Made a Part Hereof
`
`Parcel ID Number: 30-3121-037-0800
`2937 NW 51ST STREET
`MIAMI
`C’Preperty Address”):
`the improvements now or hereafter erected on the property, and all
`TOGETHER WITH all
`easements, appurtenances, and fixtures now or hereafter a part of the property. Al! replacements and
`additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
`Security Instrument as the “Property.” Borrower understands and agrees that MERS holdsonly legal title
`to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
`custom, MERS(as nominee for Lender and Lender‘s successors and assigns) has the right: to exercise any
`or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
`take any action required of Lender including, but not limited to, releasing and canceling this Security
`trument.
`sumJO
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`Zp,6AiFL) {0005),02
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`Page 3 of 16
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`which currently has the address of
`{Street}
`{Zip Code]
`
`(City], Florida 33142 -
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`Form 3010 1/01
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`qa.t.
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`Book24965/Page4652
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`CFN#20061056132
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`Page 3 of 17
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`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 title to the Property against all
`claims and demands, subject to any encumbrances of record.
`THIS. SECURITY INSTRUMENTcombines uniform covenants for national use and non-uniform
`covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
`property.
`UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
`1. Payment of Principal, Interest, Escrow Iterns, Prepayment. Charges, and Late Charges.
`Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
`prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
`pursuant to Section 3. Payments. due under the Note and this Security Instrument shall be made in U.S.
`currency, However, if any check or other instrument received by Lender as payment under the Note or this
`Security Lastrument 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) money order; (c) certified check, bank check,
`treasurer's check or
`cashier's check, provided any such check is drawnupon an institution whose deposits are insured by a
`federal agency, instrumentality, or entity; or (d) Electronic Funds Transter.
`Payments are deerned received by Lender when received at the location designated in the Note or at
`such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
`Lender may return any payment or partial payment if the payment or partial payments are insufficient to
`bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
`current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
`payments in the furare, but Lender is 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 carlier, such funds will be applied to the outstanding
`principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
`might have now or in the future against-Lender shall relieve Borrower from making payments due under
`the Note and this Security Instrument or performing the covenants and agreements secured by this Security
`Instrument.
`2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
`payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
`due under the Note; (b) 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 applicd 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 inchides 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 Payment is outstanding, Lender may apply any payment received
`from Borrower to the repayment of the Periodic Payments if, and to the extent
`that, each payment
`
`Zap,BAIFLY 0081.02
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`Page 4 of 16
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`Form 3010 1/07
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`ae
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`Book24965/Page4653
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`CFN#20061056132
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`Page 4 of 17
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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 cxcess may be applied to any late charges due. Voluntary
`prepayments shall be applied first to any prepayment charges and then as described in the Note.
`Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
`the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
`3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
`under the Note, until the Note is paid in full, a.sum (the "Funds*) to provide for payment of amounts due
`for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
`lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
`premiums for any and ail 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 premiums in accordance with the provisions of Section 10. These items are called “Escrow
`Items." At origination or at any lime 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