`Filing # 99072932 E—Filed 11/18/2019 10:46:06 PM
`
`IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
`
`IN AND FOR ORANGE COUNTY, FLORIDA
`
`FBC MORTGAGE, LLC,
`
`Plaintiff,
`
`V.
`
`GLENDA WARREN A/K/A GLENDA M.
`
`WARREN; UNKNOWN SPOUSE OF
`GLENDA WARREN A/K/A GLENDA M.
`
`WARREN; UNKNOWN PARTY IN
`POSSESSION 1; UNKNOWN PARTY IN
`POSSESSION 2; CHRISTINA MARIE
`SHORTT; UNKNOWN SPOUSE OF
`CHRISTINA MARIE SHORTT,
`
`Defendants.
`
`
`
`
`
`CASE NO.:
`
`
`
`COMPLAINT
`
`COMES NOW FBC Mortgage, LLC (“FBC Mortgage”), the Plaintiff in this action, and
`
`states its complaint against Glenda Warren a/k/a Glenda M. Warren; Unknown Spouse of Glenda
`
`Warren a/k/a Glenda M. Warren; Unknown Party in Possession 1; Unknown Party in Possession
`
`2; Christina Marie Shortt; and Unknown Spouse of Christina Marie Shortt (collectively, the
`
`“Defendants”) as follows:
`
`COUNT I: IN REM FORECLOSURE
`
`1.
`
`This is a count to foreclose a mortgage (the “Mortgage”) on certain real property
`
`(the “Property”) owned at all times pertinent hereto by Glenda Warren a/k/a Glenda M. Warren
`
`and currently owned of records by Glenda Warren a/k/a Glenda M. Warren and Christina Marie
`
`Shortt, and more particularly described as:
`
`LOT 13, BLOCK B, LAKE SHORE ESTATES, according to the Plat thereof as
`recorded in Plat Book Q, Page 89, Public Records of Orange County, Florida.
`
`
`
`flee Mortgage, Exhibit B hereto. The Property is located at 5088 Barton Drive, Orlando, FL 32807.
`
`Eid-
`
`2.
`
`On May 30, 2014, Glenda Warren a/lda Glenda M. Warren (the “Borrower”)
`
`borrowed Sixty-Three Thousand Eight Hundred And 00/100 Dollars ($63,800.00) (the “Loan”)
`
`from FBC Mortgage, LLC pursuant to a promissory note (the “Note,” and together with the
`
`Mmtgage, the “Loan Documents”). & Note, Exhibit A hereto.
`
`3.
`
`The Borrower secured the Loan with the Mortgage. E Mortgage, Exhibit B
`
`hereto.
`
`4.
`
`The Mortgage was recorded on June 16, 2014, at Book 10759, Page 5795, of the
`
`Official Records of Orange County. _S__e_e jg
`
`5.
`
`After the closing of the Loan and prior to the institution of this action, the Mortgage
`
`was transferred and assigned to FBC Mortgage. E Assignment of Mortgage from Mortgage
`
`Electronic Registration Systems, Inc. (“MERS”), as nominee for FBC Mortgage, LLC,
`
`its
`
`successors and assigns to FBC Mortgage, LLC, its successors and assigns, Exhibit C hereto.
`
`6.
`
`FBC Mortgage is the holder of the Note and entitled to enforce the Loan
`
`Documents.
`
`7.
`
`The Defendants’ interests in and to the Property are junior and subordinate to the
`
`Mortgage.
`
`8.
`
`The Borrower defaulted on the Loan Documents by failing to make the required
`
`monthly payments.
`
`9.
`
`All conditions precedent to accelerating the remaining indebtedness due under the
`
`Note and foreclosing the Mortgage have been performed or have occurred.
`
`
`
`10.
`
`A Notice of Default was sent to the Borrower on June 7, 2019. & Notice of
`
`Default, Exhibit D hereto.
`
`1 l.
`
`12.
`
`The Borrower failed to cure the delinquency by the deadline specified in the Notice.
`
`The Loan is currently due and owing for the April 1, 2019 payment and all
`
`payments thereafter.
`
`13.
`
`As a result, FBC Mortgage has elected, and does hereby elect, to declare the
`
`remaining indebtedness secured by the Loan Documents to be immediately due and payable.
`
`14.
`
`The Borrower currently owes FBC Mortgage the principal sum of $39,837.59 on
`
`the Loan, plus accumulated interest and interest accruing thereafter, and other charges, collection
`
`expenses, attomey’s fees, and court costs.
`
`15.
`
`The Loan Documents further secure to FBC Mortgage the payment of attorney’s
`
`fees and the costs and expenses of this suit. By reason of the Borrower's default,
`
`it became
`
`necessary for FBC Mortgage to secure the undersigned attorneys to collect the sums and amount
`
`due and secured by the Loan Documents and to conduct these proceedings for the foreclosure of
`
`the Mortgage. FBC Mortgage is thereby obligated to pay said attorneys a reasonable fee for their
`
`services, the payment of which fee is secured by the Mortgage.
`
`16.
`
`Unknown Spouse of Glenda Warren a/k/a Glenda M. Warren may claim an interest
`
`in the Property by Virtue of marital homestead rights. Said interest, if any, is junior and inferior to
`
`the Loan Documents herein sought to be foreclosed.
`
`17.
`
`Unknown Party in Possession 1 may claim an interest in the Property by Virtue of
`
`being a tenant and/or in actual possession of the Property. Said interest, if any, is junior and inferior
`
`to the Loan Documents herein sought to be foreclosed.
`
`
`
`18.
`
`Unknown Party in Possession 2 may claim an interest in the Property by Virtue of
`
`being a tenant and/or in actual possession of the Property. Said interest, if any, is junior and inferior
`
`to the Loan Documents herein sought to be foreclosed.
`
`19.
`
`Christina Marie Shortt may claim an interest in the Property by Virtue of that certain
`
`deed recorded in the Official Records of the Public Records of Orange County, Florida. @
`
`Warranty Deed, recorded July 23, 2018, at Instrument No. 20180433781. Said interest, if any, is
`
`junior and inferior to the Loan Documents herein sought to be foreclosed.
`
`20.
`
`Unknown Spouse of Christina Marie Shortt may claim an interest in the Property
`
`by Virtue of that certain recorded in the Official Records of the Public Records of Orange County,
`
`Florida and/or marital homestead rights. SE Warranty Deed, recorded July 23, 201 8, at Instrument
`
`No. 20180433781. Said interest, if any, is junior and inferior to the Loan Documents herein sought
`
`to be foreclosed.
`
`THEREFORE, FBC Mortgage respectfully requests that this Court take jurisdiction of this
`
`cause and of the parties hereto; declare that the Loan Documents are a valid obligation and lien
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`against the Property and superior to the rights of all of the Defendants; and determine the amounts
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`due to FBC Mortgage by the Borrower pursuant to the Loan Documents. FBC Mortgage further
`
`requests that this Court set a deadline by which these sums must be paid and a date for the
`
`foreclosure sale of the Property if the sums are not so paid. FBC Mortgage also requests such other
`
`and further relief in the premises as may be equitable and just, including, but not limited to, the
`
`issuance under retainedjurisdiction of a writ ofpossession if and when application thereof is made.
`
`SIROTE & PERMUTT, P.C.
`
`(cid:16)(cid:84)(cid:16)(cid:1)(cid:44)(cid:66)(cid:85)(cid:73)(cid:83)(cid:90)(cid:79)(cid:1)(cid:42)(cid:15)(cid:1)(cid:44)(cid:66)(cid:84)(cid:81)(cid:70)(cid:83)(cid:13)(cid:1)(cid:38)(cid:84)(cid:82)(cid:15)
`/s/ Kathryn I. KasQer: Esq.
`Anthony R. Smith, Esq.
`FL Bar #157147
`
`Kathlyn I. Kasper, Esq.
`
`
`
`FL Bar #621188
`
`Attorneys for Plaintiff FBC Mortgage, LLC
`
`OF COUNSEL:
`
`Sirote & Permutt, RC.
`1201 S. Orlando Ave, Suite 430
`Winter Park, FL 32789
`Toll Free:
`(800) 826-1699
`Facsimile:
`(205) 212-3817
`
`Pursuant to Florida Rule of Judicial Administration 2.516 (effective September 1, 2012), Anthony
`R. Smith and Kathryn I. Kasper hereby designate their Primary and Secondary email addresses for
`the purposes of service of all documents required to be served pursuant to Rule 2.516 as follows:
`Primary: floridaservice@sirote.com Secondary:
`tsmith@sirote.com, kkasper@sirote.com
`
`
`
`VERIFICATION PURSUANT TO RULE 1.11518!
`
`Under penalty of perjury, I declare that I have read the foregoing Complaint and reviewed
`the relevant business records; and the facts alleged in the Complaint are true and correct to the best
`of my knowledge and belief.
`
`FBC MORTGAGE, LLC
`
`
`
`State of L Eggs; Egg
`County of H25 3;:
`
`Before me the undersigned authority in and for said County in said State, personaliy appeared
`3011-1 ELM-2Q”*3 K
`,
`as
`3152M“! 12X-xg ; 3 = 2L.»era.“
`for
`E i; EE—gfiifi “in;
`, who is personally known to me and, who
`
`first being duly w rn, states that the matters contained herein are true and correct.
`
`+1.
`Sworn to and subscribed before me on this I 5 day of Q Q 14
`
`, 2019.
`
` ~ otary Pu
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`My Commrssron Expires:
`
`i (-43 a 1
`
`ELIZABETH AZGGNA
`NOTARY PUBLIC OF NEW JERSEY
`My Commission Expires Novambar15. 2021
`ID# 50049695
`
`
`
`CERTIFICATION PURSUANT TO 702.015 FLORIDA STATUTES
`
`Under penalties of perjury, I do hereby certify that FBC Mortgage, LLC, the Plaintiff in
`this action, is in possession of the original promissory note dated May 30, 2014, and executed by
`borrower Glenda Warren a/k/a Glenda M. Warren that is the subject of this foreclosure action
`which is associated with Sirote File Number 43102. Anthony R. Smith, Esquire, wirtlLSirote &
`Pew, PC as attorneys for FBC Mo 1_.-c, LLC, confirmed on the
`(3'
`day of
`0C-
`9" 30V?
`at
`[7." 1"! am? that the original promissory note is located at
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`1201 S. Orlando Ave, Suite 430, Winter Par , FL 32789. A true and correct copy ofthe note
`showing all valid indorsements and/or valid allonges is attached hereto.
`
`FBC MORTGAGE, LLC
`
`'
`
`, Esquire of Sirote & Permutt,
`
`
`
`
`nthony R. Smith, Esquire
`COMP NY: Sirote & Permutt, PC
`
`State of
`County of
`
`)
`)
`
`Before me, the undersigned authority in and for said County in said State, personally appeared
`Anthony R. Smith, Esquire, as attorney for FBC Mortgage, LLC, who is personally known to me
`and, who first being duly sworn, states that the matters contained herein are true and correct.
`
`, 2019.
`
`Sworn to and subscribed before me on this LS day of 0( [E] 1k?
`Notaryfiublic fi/
`
`
`
`
`
`My Commission Expires:
`
`
`
`May 30, 2014
`[Date]
`
`NOTE
`
`Orlando,
`[City]
`
`5088 Barton Dr, Orlando, FL 32807
`[Property Address]
`
`.“it
`
`m“
`
`Florida
`[State]
`
`1. BORROWER’S PROMISE TO PAY
`(this amount is called "Principai"),
`In return for a loan that l have received, i promise to pay U.S. $63,800.00
`plus interest, to the order of the Lender. The Lender is FBC Mortgage, LLC, a Limited Liability Company.
`
`i will make all payments under this Note in the form of cash, check or money order.
`I understand that the Lender may transferthis Note. The Lender or anyone who takes this Note by transfer and who
`is entitled to receive payments under this Note is called the “Note Holder."
`
`2.
`
`INTEREST
`interest will be charged on unpaid principal until the full amount of Principal has been paid. i will pay interest at a
`yearly rate of 4.250 "/0.
`The interest rate required bythis Section 2 is the rate i will pay both before and after any default described in Section
`6(8) 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 July 1, 2014.
`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
`June 1, 2029,
`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 P.0. Box 986
`Newark, NJ 07184-0986
`
`or at a different place if required by the Note Holder.
`(8) Amount of Monthly Payments
`My monthly payment will be in the amount of U.S. $479.95.
`
`4. BORROWER'S RIGHT TO PREPAY
`l have the right to make payments of Principal at any time before they are due. A payment of Principal only is known
`as a “Prepayment." When i make a Prepayment, i will tell the Note Holder in writing that I am doing so. I may not des-
`ignate a payment as a Prepayment ifl have not made all the monthly payments due under the Note.
`i may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
`use my Prepayments to reduce the amount of Principal that l owe under this Note. However, the Note Holder may apply
`my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to
`reduce the Principal amount of the Note. ifl make a partial Prepayment, there will be no changes in the due date or in
`the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
`
`5. LOAN CHARGES
`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 make this refund by reducing the Principal l 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
`15
`If the Note Holder has not received the full amount of any monthly payment by the end of
`days after the date it is due, i will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %
`of my overdue payment of principal and interest. i will pay this late charge promptly but only once on each late payment.
`
`(B) Default
`ifl do not pay the full amount of each monthly payment on the date it is due, lwiil be in default.
`(C) Notice of Default
`lfl am in default. the Note Holder may send me a written notice telling me that ifl do not pay the overdue amount
`by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been
`paid and all the interest that i owe on that amount. That date must be at least 30 days after the date on which the notice
`is mailed to me or delivered by other means.
`(D) No Waiver By Note Holder
`Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
`
`
`FLORIDA FIXED RATE NOTE—Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
`Elilc Mao. inc.
`Page 1 012
`
`Form 3210 1/01
`
`above, the Note Holder will still havethe rightto do so ifi amin defaultata latertime. WInitials:
`
`
`.
`
`Retina.“ 0211
`F3200FLN
`05/30/2014 07:39 AM PST
`
`
`
`mm #=-
`(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 0F NOTICES
`Unless applicable law requires a different method. any notice that must be given to me under this Note will be given
`by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address ifl give
`the Note Holder 3 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 ifl 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 under this Note.
`9. WAIVERS
`l and any other person who has obligations underthis Note waive the rights of Presentment and Notice of Dishonor.
`"Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor”
`means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
`10. UNIFORM SECURED NOTE
`This Note is a uniform instrument with limited variations in some jurisdictions. In addition 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 make in this Note. That Security Instrument describes how and under what conditions I may be required to make
`immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows:
`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 ortransferred) 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.
`
`11. 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
`
` (Seall
`cZa/f/
`
`GLENDA WARREN
`
`
`
`Lender: FBC Mortgage, LLC
`NMLS ID: 152859
`Loan Originator: Tommy Gainer
`NMLS ID: 208419
`
`FLORIDA FIXED RATE NOTE-Single Family—~Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
`Ellie Mae, Inc.
`Page 2 of 2
`
`Form 321a 1101
`
`[Sign Origi
`Initials:
`
`i Only]
`
`F32UOFLN 0211
`F3200FLN
`05/30/2014 07239 AM PST
`
`
`
`
`
`ALLONGE TO NOTE
`
`BORROWER(S):
`
`Glenda Warren
`
`LENDER:
`
`FBC Mortgage, LLC, a Limited Liability Company
`
`NOTE DATE:
`
`05/30/2014
`
`NOTE AMOUNT:
`
`$ 63,800.00
`
`PROPERTY:
`
`5088 Barton Dr,
`
`Orlando, FL 32807
`
`WITHOUT RECOURSE PAY TO THE ORDER OF:
`
`4 (4
`
`L l ,,
`
`—.
`
`ludith N. Nichols, Investor Loan Delivery Manager
`FBC Mortgage, LLC, A Limited Liability Company
`
`
`
`May 30, 2014
`[Date]
`
`NOTE
`
`Orlando,
`[City]
`
`I
`
`.
`
`Florida
`[State]
`
`5088 Barton Dr, Orlando, FL 32807
`[Property Address]
`
`1. BORROWER’S PROMISE TO PAY
`(this amount is called ”Principal"),
`In return for a loan that l have received, I promise to pay U.S. $63,800.00
`plus interest, to the order of the Lender. The Lender is FBC Mortgage, LLC, a Limited Liability Company.
`
`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 under this Note is called the "Note Holder."
`
`2.
`
`INTEREST
`Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
`yearly rate of 4.250 %.
`The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
`6(3) 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 July 1, 2014.
`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
`June 1, 2029,
`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 P.O. Box 986
`Newark, NJ 07184-0986
`
`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 US. $479.95.
`
`4. BORROWER'S RIGHT TO PREPAY
`l have the right to make payments of Principal at any time before they are due. A payment of Principal only is known
`as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not des-
`ignate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
`I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
`use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply
`my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to
`reduce the Principal amount of the Note. lfl make a partial Prepayment, there will be no changes in the due date or in
`the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
`
`5. LOAN CHARGES
`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 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
`15
`If the Note Holder has not received the full amount of any monthly payment by the end of
`days after the date it is due, I will pay a late charge to the Note Holder. The amount ofthe charge will be 5.000 %
`of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
`
`(B) Default
`lfl do not pay the full amount of each monthly payment on the date it is due, I will be in default.
`(C) Notice of Default
`If I am in default, the Note Holder may send me a written notice telling me that ifl do not pay the overdue amount
`by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been
`paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice
`is mailed to me or delivered by other means.
`(D) No Waiver By Note Holder
`Even if, at a lime 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 it I am in default at a later time.
`Initials:
`FLORIDA FIXED RATE NOTE-Single Family--Fannie Mnerrreddie Mac UNIFORM INSTRUMENT
`Form 3210 1101
`Ellie Mae. Inc.
`Page 1 of 2
`
`
`
`reasons: 0211
`F3200FLN
`05/30/2014 07:39 AM PST
`
`P"
`
`
`
`(cid:38)(cid:57)(cid:41)(cid:42)(cid:35)(cid:42)(cid:53)(cid:1)(cid:14)(cid:1)(cid:34)
`
`EXHIBIT - A
`
`
`
`(E) Payment of Note Holder’s Costs and Expenses
`lfthe Note Holder has required me to pay immediately in full as described above. the Note Holder will,have the réght
`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.
`
`mm #=—
`
`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 or at a different address ifl give
`the Note Holder 3 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 ifl 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 under this Note.
`9. WAIVERS
`| and any other person who has obligations underthis Note waive the rights of Presentment and Notice of Dishonor.
`"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor”
`means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
`10. UNIFORM SECURED NOTE
`This Note is a uniform instrument with limited variations in some jurisdictions. In addition 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 make in this Note. That Security Instrument describes how and under what conditions I may be required to make
`immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows:
`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 ortransferred) without Lender’s priorwritten 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.
`
`11. 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
`
` GLENDA WARREN
`
`Lender: FBC Mortgage, LLC
`NMLS ID: 152859
`Loan Originator: Tommy Gainer
`NMLS ID: 208419
`
`FLORIDA FIXED RATE NOTE-Single Family—~Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
`Ellie Mae, Inc.
`Page 2 Of 2
`
`Form 3210 1/01
`
`ll"
`
`
`
`[Sign Orlgl
`Initials:
`
`I Only]
`
`FSZOGFLN LIZ‘I‘I
`F3200FLN
`05/30/2014 07:39 AM PST
`
`
`
`ALLONGE TO NOTE
`
`BORROWER(S):
`
`Glenda Warren
`
`LENDER:
`
`FBC Mortgage, LLC, a Limited Liability Company
`
`NOTE DATE:
`
`05/30/2014
`
`NOTE AMOUNT:
`
`$ 63,800.00
`
`PROPERTY:
`
`5088 Barton Dr,
`
`Orlando, FL 32807
`
`WITHOUT RECOURSE PAY TO THE ORDER 0F:
`
`4 M
`
`L, .-/C
`
`Judith N. Nichols, Investor Loan Delivery Manager
`FBC Mortgage, LLC, A Limited Liability Company
`
`
`
`DOC“ 201402967
`06/16/2014 02:g1: g0
`Rec Fee:
`120.50
`Deed Doc
`ax: $0. 00
`DOR Admin Fee: $0. 00
`Intangible Tax:
`127. 60
`rt age Stamp:
`223. 30
`Marta
`Orangeacéu::§";e’ Comptroller
`imriiririiiiiiiiiiiiiilrm
`
`When recorded, return to:
`FBC Mortgage, LLC
`Attn: Final Document Department
`1230 Commerce Park Drive, Suite 116
`Longwood, FL 32779
`407-872-3383
`
`This document was prepared by:
`FBC Mortgage, LLC
`189 S. Orange Avenue, Suite 970
`Orlando, FL 32801
`877-420-4539
`
`Title Order No—
`
`LOAN #=—
`
`[Space Above This Line for Recording Data]
`
`
`
`MORTGAGE
`
`MERS PHONE #: 1-888-679-6377
`
`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” means this document, which is dated May 30, 2014,
`together with all
`Riders to this document.
`(B) “Borrower” is GLENDA WARREN, AN UNMARRIED 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 has an address and telephone number of PO. Box
`2026, Flint, MI 48501-2026, tel. (888) 679AMERS.
`(D) “Lender” is FBC Mortgage, LLC.
`
`Lender is a Limited Liability Company,
`Florida.
`970, Orlando , FL 32801
`
`organized and existing under the laws of
`Lender's address is 189 S. Orange Avenue, Suite
`
`The Note
`(E) “Note" means the promissory note signed by Borrower and dated May 30, 2014.
`states that Borrower owes Lender SIXTY THREE THOUSAND EIGHT HUNDRED AND NOI100* * * * * * * * * * * * * * *
`**************************************************i* Dollars (U‘S- $63.800.00
`)
`plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
`than June 1, 2029.
`(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.
`
`FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
`Ellie Mae, Inc.
`Page 1 of 10
`
`Inwaayéégéééz_
`
`FLEDEED 1212
`FLEDEED
`05/30/2014 07:39 AM PST
`
`Order: 191130520DKL
`Doc: 10759-5795 MTG 06-16-2014
`
`
`
`(cid:38)(cid:57)(cid:41)(cid:42)(cid:35)(cid:42)(cid:53)(cid:1)(cid:14)(cid:1)(cid:35)
`
`EXHIBIT - B
`
`Page 1 of 14
`
`Requested By: Douglas Lafayette ,
`
`Printed: 10/7/2019 11:22 AM
`
`
`
`20140296703 Page 2 of 14
`
`E Second Home Rider
`[3 Other(s) [specify]
`
`LOAN #: '
`(H) “Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to
`be executed by Borrower [check box as applicable]:
`.___ Adjustable Rate Rider
`D Condominium Rider
`
`: Balloon Rider
`[3 Planned Unit Development Rider
`3 1-4 Family Rider
`I: Biweekly Payment Rider
`_V.A. Rider
`
`
`
`
`
`(I) “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.
`(J) "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 Funds Transfer" means any transfer of funds. other than a transaction originated by check, draft, or
`similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic
`tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not
`limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone. wire transfers,
`and automated clearinghouse transfers.
`(L) “Escrow Items” means those items that are described in Section 3.
`(M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any
`third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
`destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu
`of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
`(N) “Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on. the Loan.
`(0) “Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus
`(ii) any amounts under Section