Filing # 195827712 E-Filed 04/09/2024 04:25:14 PM
`
`IN THE CIRCUIT COURT OF THE NINTH
`JUDICIAL CIRCUIT IN AND FOR ORANGE
`COUNTY, FLORIDA.
`CIVIL DIVISION
`
`CASE NO.
`
`LAKEVIEW LOAN SERVICING, LLC,
`Plaintiff,
`
`VS.
`
`DANIELLE MARIE MURPHY; HICKORY
`HAMMOCK AT JOHNS LAKE COMMUNITY
`ASSOCIATION, INC.; UNKNOWN TENANT NO. 1;
`UNKNOWN TENANT NO. 2; and ALL UNKNOWN
`PARTIES CLAIMING INTERESTS BY, THROUGH,
`UNDER OR AGAINST A NAMED DEFENDANT TO
`THIS ACTION, OR HAVING OR CLAIMING TO
`HAVE ANY RIGHT, TITLE OR INTEREST IN THE
`PROPERTY HEREIN DESCRIBED,
`Defendant(s).
`
`VERIFIED COMPLAINT FOR MORTGAGE FORECLOSURE
`
`Plaintiff, LAKEVIEW LOAN SERVICING, LLC (Plaintiff"), by and through
`
`undersigned counsel hereby sues the following defendants, DANIELLE MARIE MURPHY;
`JOHNS LAKE COMMUNITY ASSOCIATION,
`
`INC.;
`
`HICKORY HAMMOCK
`
`AT
`
`UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2 and ALL UNKNOWN PARTIES
`
`CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT
`TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OF
`
`INTEREST IN THE PROPERTY HEREIN DESCRIBED, and hereby alleges:
`
`

`

`JURISDICTION, VENUE AND PARTIES
`
`1.
`
`JURISDICTION: This is an in rem action for equitable relief which claims are
`
`within the subject matter jurisdiction of this Court.
`VENUE: This action involves parties and property located within the venue of this
`
`2.
`
`Court, and venue is otherwise proper pursuant to Fla. Stat. §47.011.
`PARTIES: All parties to this action are properly before this Court, and this Court
`
`3.
`
`has personal jurisdiction over
`FACTS COMMON TO ALL COUNTS
`
`the parties.
`
`4.
`
`ORIGINATION OF LOAN: On June 21, 2019, borrower(s), DANIELLE MARIE
`MURPHY, executed and delivered a prornissory note ("Note) in the amount of $444,800.00, in
`favor of QUICKEN LOANS, INC. (Originating Lendee). Exhibit A. The Note was secured
`by a mortgage ("Mortgage) in favor of the Originating Lender, executed by the borrower(s),
`DANIELLE MARIE MURPHY, which was recorded as Official Records Instrument number
`20190393575 of the public records of Orange County, Florida. Exhibit B.
`a first lien on the property described in the
`PROPERTY: The Mortgage secures
`mortgage, located at 15111 Lake Claire Overlook DR, Winter Garden, FL 34787 ('Property")
`Exhibit B.
`
`5.
`
`6.
`
`LOAN MODIFICATION: The Note and Mortgage were last modified on October
`
`5, 2022. Exhibit
`TRANSFER OF LOAN: The Note and Mortgage have transferred to the Plaintiff.
`
`C.
`
`7.
`
`8.
`
`INVESTOR: Federal Home Loan Mortgage Corporation (Freddie Mac) is the
`current owner of the loan and has delegated the Plaintiff to bring this action. Plaintiff is entitled to
`enforce the instrument in accordance with Fla. Stat. §673.3011 and Fla. R. Civ. P. 1.210(a). Based
`
`

`

`on the forgoing, Federal Horne Loan Mortgage Corporation (Freddie Mac) is not a necessary party
`
`to this action.
`
`9.
`
`SERVICER: Plaintiff has authorized Flagstar Bank, N.A. to act as the attorney-in-
`
`fact for the subject Note and Mortgage and bring this action on its behalf.
`ENTITLED TO ENFORCE: Plaintiff bolds the Note, which is indorsed in blank
`
`10.
`
`through its servicer and counsel, pursuant to the Note Certification attached
`either directly, or
`herein. Exhibit A. Plaintiff is entitled to enforce the Note.
`
`11.
`
`OWNER OF THE PROPERTY: Defendant(s), DANIELLE MARIE MURPHY,
`
`own(s) the Property as of the filing of this action.
`DEFAULT & ACCELERATION: Plaintiff has not been paid the payment due
`
`12.
`
`October 1, 2023, and all subsequent payments thereafter. Due to the non-payment, the Note and
`Mortgage are in default, as modified, and through the filing of this action the Plaintiff declares the
`full amount due under the Note and Mortgage to be accelerated.
`
`13.
`
`AMOUNT DUE: Plaintiff is owed $478,277.00 in principal under the Note and
`from September 1, 2023, together with costs,
`
`Mortgage, as modified, plus interest on said amount
`advances and expenses as provided in the Note and Mortgage.
`CONDITIONS PRECEDENT: All conditions precedent to the filing of this action
`
`14.
`
`have been met by the Plaintiff.
`ATTORNEY'S FEES: Plaintiff has retained the undersigned counsel and is
`
`15.
`
`obligated itself to pay a reasonable fee for their services herein and is entitled to recover
`pursuant to the terms of the Note and Mortgage.
`
`said fees
`
`

`

`COUNT I
`MORTGAGE FORECLOSURE
`
`Plaintiff realleges paragraphs 1 through 15 herein above and incorporates the same herein
`
`reference.
`
`16.
`
`NATURE OF CLAIM: This is an in rem action for mortgage foreclosure against
`
`17.
`
`all defendants named herein on the Property.
`EXISTENCE OF OBLIGATION: The borrower(s) executed the subject Note and
`Mortgage attached hereto, which obligated the borrower(s) to make installment payments to the
`Plaintiff.
`
`18.
`
`19.
`
`The terms of subject Note and Mortgage, as
`BREACH OF OBLIGATION:
`modified, have been breached by the borrower(s) for failure to pay the installment payment of
`October 1, 2023, and all subsequent payments thereafter.
`ENTITLED TO FORECLOSURE: Due to the non-payment under the Note and
`Mortgage, Plaintiff is entitled to foreclose its security interest in the Property.
`INFERIOR CLAIMANTS: The following defendants may claim an interest in Or
`20.
`a lien upon the subject property, which interest is inferior to the Plaintiff s mortgage.
`Defendant, DANIELLE MARIE MURPHY, may claim an ownership
`
`a.
`
`lien upon the subject property arising from a Special Warranty Deed recorded as
`interest in or
`Official Records Instrument number 20170243751, of the Public Records of Orange County,
`Florida, which interest is inferior to Plaintiffs mortgage.
`Defendant(s), HICKORY HAMMOCK AT JOHNS LAKE COMMUNITY
`ASSOCIATION, INC., may claim some interest in or lien upon the subject property arising from
`the claim of lien, recorded as Official Records Instrument number 20230396945, of the Public
`Records of Orange County, Florida, which interest is inferior to Plaintiff's mortgage.
`
`b.
`
`

`

`c.
`
`Defendants, UNKNOWN TENANT NO.
`
`1 and UNKNOWN TENANT
`
`NO. 2, fictitious names representing tenants in possession, rnay claim some interest in the property
`that is the subject of this foreclosure action by virtue of being in actual possession of same, but
`any interest said Defendants may claim in the subject property, if any, is subject and inferior to the
`lien of Plaintiff s mortgage.
`Defendants, ALL UNKNOWN PARTIES CLAIMING INTERESTS BY,
`
`d.
`
`THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR
`HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE
`
`PROPERTY HEREIN DESCRIBED, may be interested in the subject matter of this action as
`
`unknown spouses, tenants, heirs, devisees, grantees, assignees, lienors, creditors, trustees or other
`claimants by, through, under or against a known person who is dead or not known to be dead or
`alive or by virtue of any interest in or claim to the property which is the subject of this action or
`otherwise as the case may be. These interests, if any, are inferior to Plaintiffs mortgage.
`WHEREFORE, Plaintiff, LAKEVIEW LOAN SERVICING, LLC, respectfully request
`this matter, enter a judgment; (a) ascertaining and determining
`that this Court takejurisdiction over
`the sums of rnoney due and payable to the Plaintiff, that the sum of money found to be due as
`aforesaid be decreed by this Court to be a lien upon the property described herein; (b) that such
`lien be foreclosed; that this decree that the lien of the Plaintiff to be superior to any and all parties
`named herein through or under them since the institution of this suit; (c) that title or interest of the
`Defendants named herein are forever barred and foreclosed; (d) and that this Court grant any
`
`further relief it deems proper, just and reserve jurisdiction to the extent permitted by applicable
`
`

`

`Bankruptcy and State Law.
`
`Fla. R. Civ. P. 1.1I5(e) VERIFICATION
`
`Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
`
`therein are
`
`true and correct
`
`to the best of my knowledge and belief.
`
`LAKEVIEW LOAN SERVICING, LLC, by
`Attorney-In-Fact Flagstar Bank, N.A.
`
`BY:
`Print Name:
`Title:
`Date:
`
`/
`
`Marion K Begovich
`Loan Administration AnaSyst
`
`/s/ Ian Dolan
`By:
`Ian C. Dolan
`Florida Bar No.: 757071
`Roy Diaz, Attorney of Record
`Florida Bar No. 767700
`Diaz Anselmo & Associates, P.A.
`Attorneys for Plaintiff
`499 NW 70th Ave., Suite 309
`Fort Lauderdale, FL 33317
`Telephone: (954) 564-0071
`Facsimile: (954) 564-9252
`Service E-mail: answers@dallegal.com
`
`1691-200393 / RM3
`
`

`

`"A
`EXHIBIT
`EXHIBIT “A”
`
`

`

`CERTIFICATION OF POSSESSION
`
`REGARDING ORIGINAL PROMISSORY NOTE
`
`The undersigned hereby certifies under penalty of perjury the following:
`/44 A.Q.
`sN,6
`
`am a(n)
`
`r_
`
`•
`
`at
`
`1.
`
`I,
`
`I-
`
`•
`
`Diaz Anselmo &Associates, RA., and give this certification based on my personal knowledge
`
`regarding the subject loan.
`
`2.
`
`Diaz Anselmo & Associates, RA. is counsel for the Plaintiff, LAKEVIEW LOAN
`
`SERVICING, LLC,
`
`regarding the loan executed by, DANIELLE MARIE MURPHY, and the
`
`property located at 15111 Lake Claire Overlook, Winter Garden, FL 34787.
`
`3.
`
`The original Promissory Note is located at Diaz Anselmo & Associates, RA.'s
`
`office, whose address is 499 NW 70th Ave., Suite 309, Fort Lauderdale, FL 33317
`
`I personally verified physical possession of the original Promissory Note
`
`on,
`
`2024 at:
`
`ZOepm
`A true and accurate
`
`4.
`
`5.
`
`copy of the original Promissory Note is attached to this
`
`certification as Exhibit "A", showing all endorsements, and allonges, if applicable. However,
`
`the copy of the Promissory Note attached does retain redactions of the loan number.
`
`8
`
`Under penalties of perjury,
`
`I declare that
`
`I have read the foregoing Certification of
`
`Possession Regarding Original Promissory Note and that
`
`the facts contained herein are
`
`true.
`
`Executed on
`
`„,",
`
`2024
`
`By:
`
`\
`
`Name:
`
`Title:
`
`i„
`• Lev-1
`,4 t:j.c5
`
`)
`
`rAkk.?
`
`

`

`MERS MIN:
`
`June 21, 2019
`[Date]
`
`NOTE
`Winter Garden
`[City]
`15111 Lake Claire Overlook Dr
`Winter Garden,
`FL 34787-9254
`[Property Address]
`
`Murphy, Danielle
`
`FL
`[State]
`
`1. BORROWER'S PROMISE
`TO PAY
`I promise to pay Us. $444,800.00
`In return for a loan that I have received,
`plus interest, to the order of the Lender. The Lender is Qui c ken Loans Inc.
`
`(this amount
`
`is called "Principal"),
`
`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.
`
`of
`
`INTEREST
`Interest will be charged on unpaid principal until the full amount of Principal has been paid.
`4.990
`%.
`The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
`this Note.
`
`I will pay interest at a yearly rate
`
`3. PAYMENTS
`(A) Time and Place of Payments
`I will pay principal and interest by making a payment every month.
`August 1, 2019
`the 1St
`I will
`day of each month beginning on
`I will make my monthly payment on
`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
`July 1, 2049,
`I will pay those amounts in full on that date,
`I still owe amounts under this Note,
`Principal. If, on
`which is called the "Maturity Date."
`C rol Stream,
`IL 60197
`I will make my monthly payments at P,.
`or at a different place if required by the Note Holder.
`
`Box 6577,
`
`(B) Amount of Monthly Payments
`My monthly payment will be in the amount of U.S. $ 2,385.07
`
`RIGHT TO PREPAY
`4. BORROWER'S
`1 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 designate 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
`in the amount of my monthly payment unless the
`If I make a partial Prepayment, there will be no changes in the due date or
`Note.
`Note Holder agrees in writing to those changes.
`
`E NOTE - Single Family -Fannie Mee/Freddie Mac UNIFORM INSTRUMENT
`1-1-UKILJA
`1-1Ahu
`VMP
`Wolters Kluwer Financial Services
`
`Forrn 3210 1/01
`VMPCN(FL) (t302).00
`Page 1 of 3
`
`

`

`5. LOAN CHARGES
`is filially interpreted so that the interest or other
`if a law, which applies to this loan and which sets maximum loan charges,
`to bc collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
`loan charges collected or
`shall be reduced by the amonnt 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,
`If a refund reduces Principal, the reduction will be treated as
`Principal I owe under this Note or by making a direct payment to me.
`a partial Prepayment.
`
`TO PAY AS REQUIRED
`FAILURE
`6. BORROWER'S
`(A) Late Charge for Overdue Payments
`if the Note Holder has not received the full amount of any monthly payment by the end of
`calendar days
`5.000 % of
`after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will bc
`I will pay this late charge promptly but only once on each late payrnent.
`my overdue payment of principal and interest,
`
`Fifteen
`
`(B) Default
`I do not pay the full atnount of each monthly payment on
`If
`
`the date it is due, I will be in default.
`
`(C) Notice of Default
`I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
`If
`to pay immediately the full amount of Principal which has not been paid and all the
`certain date, the Note Holder may require me
`least 30 days after the date on which the notice is mailed to me
`or delivered
`that amount. That date must be at
`interest that I owe
`on
`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
`thc Note Holder will still have the right to do so if I am in default at a later tirne.
`
`to pay immediately in full as described above,
`
`(E) Payment of Note Holder's Costs and Expenses
`to pay immediately in full as described above, the Note Holder will have the right to be
`lf tho Note Holder has required me
`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 ine at the Property Address above or 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 bc 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 I am given a notice of that different
`address.
`
`8. OBLIGATIONS OF PERSONS UNDER TIES NOTE
`than one person signs this Note, each person is fully and personally obligated to keep all of the promises rnade in this
`If more
`Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
`these obligations, including the obligations of a guarantor, snrety or
`obligated to do these things. Any person who takes over
`endorser of this Note, is also obligated to keep all of the promises made in this Note, Th.e Note Holder rnay 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
`I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
`the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonoe means the
`"Presentment" means
`right to require the Note Holder to give notice to other persons that amounts due have not been paid.
`
`FLORIDA FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
`VMP
`Wolters Kluwer Financial Services
`
`Form 3210 1/01
`VMP5N(FL) (1302)_00
`Page 2 of 3
`
`

`

`1 9. 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 n.ot keep the promises which I make in this Note.
`That Security Instrument describes how and under what conditions 1 rnay be required to make immediate payment in full of all
`amounts I owe under this Note. Some of those conditions are described as follows:
`transferred (or if Borrower is not a
`If all or any part of thc Property or any Interest in the Property is sold or
`transferred) without Lender's prior written consent,
`natural person and a beneficial interest in Borrower is sold or
`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 sucb exercise is prohibited by Applicable Law,
`If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a
`less than 30 days from the date the notice is given in accordance with Section 15 within which
`period of not
`Borrower must pay all sums secured by this Security Instrument, If Borrower falls to pay these sums prior to the
`expiration of this period, Lender may invoke any remedies permitted by this Security Instalment without further
`notice or demand on Borrower.
`
`11. DOCUMENTARY TAX
`The state documentary tax due on
`
`this Note has been paid on
`
`thc mortgage securing this indebtedness.
`
`WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
`\.\\
`
`!,
`
`tr
`ita-tyv
`—aanielle Ma ie MurpUy
`
`06/21/2019 (Seal)
`- Borrower
`
`(Seal)
`- Borrower
`
`Refer to the attached Signature Addendum for additional parties and signatures.
`Loan origination organization Quicken Loans Ir1C.
`NMLS IL
`Loan originator uclf iiiel Thomas O'Brien Jr,
`NMLS ID
`
`(Seal)
`- Borrower
`
`(Seal)
`- Borrower
`
`[Sign Original Only]
`
`WITHOUT RECOURSE
`Pay to the Order of
`
`Inc.
`
`....,,, All AI-Esawi
`
`\6v.
`
`CI,......_u.i.ckenLoan_s_
`
`etApttim Monngte
`
`FLORIDA FIXED RATE NOTE - Single Family - Fannie Mae/Freddle Mac UNIFORM INSTRUMENT
`VMP 8
`Wolters Kluwer Finanolel Services
`
`Form 3210 1/01
`VMP5N(FL) (1302).00
`Page 3 of 3
`
`

`

`"B"
`EXHIBIT
`EXHIBIT “B”
`
`

`

`DOC # 20190393575
`06/26/2019 14:49 PM Page 1 of 20
`Rec Fee: $171.50
`Deed Doc Tax: $0.00
`Mortgage Doc Tax: $1,556.80
`Intangible Tax: $889.60
`Phil Diamond, Comptroller
`Orange County, FL
`Ret To: CSC INC
`
`Return To:
`Document Management
`Quicken Loans Inc.
`1050 Woodward Ave
`Detroi t. MI
`48226-1906
`
`This docurnent was prepared by:
`Anthony A Miller
`1050 Woodward Ave
`Detroit.
`MI 48226-1906
`(313)373-0000
`
`DEFINITIONS
`
`[Space Above This Line For Recording Data]
`MORTGAGE
`
`MIJ
`
`Words used in rnultiple sections of this document are defined below and other words are defined in
`13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
`Sections 3, 11,
`also provided in Section 16.
`this docurnent, which is dated
`(A) "Security Instrument"
`means
`together with all Riders to this document.
`(B) "Borrower"is Dani el le Mari e Murphy,,
`a si ngl e woman
`
`June 21
`
`2019
`
`Borrower is the mortgagor under this Security Instrument.
`"MERS" is Mortgage Electronic Registration Systems,
`Inc. MERS is a separate corporation that
`is
`(C)
`and assigns. MERS is the mortgagee
`acting solely as a nominee for Lender and Lender's successors
`under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
`address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
`(D) "Lenderuis Qui cken Loans Inc.
`
`lily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
`
`Form 3010 1/01
`
`Page 1 of 16
`
`Initi.ls:
`
`VMP Mortgage Solutions. Inc.
`
`

`

`20190393575
`
`Page 2 of 20
`
`Lender is a Corporation
`the State of Michigan
`organized and existing under the laws of
`Lender's address is 1050 Woodward Ave, Detroit, MI
`48226-1906
`
`June 21, 2019
`(E) "Note means
`the prornissoiy note signed by BoiTower and dated
`The Note states that BoiTower owes Lender Four Hundred Forty Four Thousand Eight
`Hundred and 00/100
`Dollars
`(U.S. $ 444,800.00
`) plus interest. Borrower has promised to pay this debt in regular Periodic
`July 1, 2049
`Payments and to pay the debt in full not later than
`is described below under the heading "Transfer of Rights in the
`(F) "Property" rneans
`the property that
`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.
`(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
`Balloon Rider
`VA Rider
`
`Condorniniurn Rider
`XX Planned Unit Development Rider
`Biweekly Payment Rider
`
`Second Home Rider
`1-4 Family Rider
`X X Other(s) [specify]
`Legal Attached
`
`"Applicable Law" means
`all controlling applicable federal, state and local statutes,
`(I)
`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
`irnposed on Borrower or
`the Property by a condominium association, homeowners
`charges that are
`association or similar organization.
`rneans any transfer of
`"Electronic Funds Transfer"
`funds, other than a transaction originated by
`(K)
`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 terrn includes, but
`limited to, point-of-sale transfers, automated teller
`is not
`transfers initiated by
`telephone, wire transfers,
`and automated clearinghouse
`rnachine transactions,
`transfers.
`(L) "Escrow Items" means
`those items that are described in Section 3.
`(M) "Miscellaneous Proceeds" rneans 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)
`(ii) condemnation or other taking of all or any part of the
`darnage to, or destruction of,
`the Property;
`Property; (iii) conveyance in lieu of condernnation; or
`(iv) rnisrepresentations of, or ornissions 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) "PeriodicPayment" means
`the regularly scheduled amount due for (i) principal and interest under the
`Note, plus (ii) any amounts under Section 3 of this Security Instrument.
`
`FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MS
`Cr,) -6A(FL) (1302).00
`In itia:
`Page 2 of 16
`
`Form 3010 1/01
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`

`

`20190393575
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`Page 3 of 20
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`(12 U.S.C. Section 2601 et seq.) and its
`(P) "RESPA" means
`the Real Estate Settlement Procedures Act
`they might be arnended from time to
`irnplementing regulation, Regulation X (12 C.F.R. Part 1024),
`as
`tirne, or any additional or
`legislation or regulation that governs the sarne subject matter. As used
`successor
`in this Security Instnirnent, "RESPA" refers to all requireinents and restrictions that are irnposed in regard
`to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
`loan" under RESPA.
`(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
`not that party has assumed BolTower's obligations under the Note and/or this Security Instrurnent.
`TRANSFER OF RIGHTS IN THE PROPERTY
`to Lender: (i) the repayment of the Loan, and all renewals, extensions and
`This Security Instrument secures
`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
`and assigns) and to the successors
`assigns of MERS, the following described property located in the
`County
`[Type of Recording Jurisdiction]
`of
`Orange
`[Name of Recording Jurisdiction]:
`
`SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
`SUBJECT TO COVENANTS OF RECORD.
`
`33-22-27-3604-02730
`Parcel ID Nurnber:
`15111 Lake Claire Overlook Dr
`Winter Garden
`
`which currently has the address of
`[Street]
`[Zip Code]
`
`[city], Florida 34787-9254
`
`("Property Address"):
`the property, and all
`TOGETHER WITH all
`hereafter erected on
`the irnprovements now
`or
`or hereafter a part of
`the property. All
`easernents, appurtenances, and fixtures now
`replacements and
`additions shall also be covered by this Security instrument. All of the foregoing is referred to in this
`as the "Property." Bonower understands and agrees that MERS holds only legal title
`Security Instnitnent
`if necessary to comply with law or
`to the interests granted by Borrower in this Security Instrurnent, but,
`custom, MERS (as nominee for Lender and Lender's successors
`and assigns) has the right: to exercise any
`limited to,
`or all of those interests,
`the right to foreclose and sell the Property; and to
`including, but not
`limited to,
`releasing and canceling this Security
`take any action required of Lender
`including, but not
`Instrument.
`
`FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH
`)
`Ma*
`MT
`C:)-6A(FL) (1302).00
`Page3d16
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`Form 3010
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`4 of 20
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`is lawfully seised of the estate hereby conveyed and has
`BORROWER COVENANTS that Borrower
`the Property is unencumbered, except for
`the right to mortgage, grant and convey the Property and that
`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 cornbines 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:
`Interest, Escrow Items, Prepayment Charges, and Late Charges.
`1. Payment of Principal,
`the debt evidenced by the Note and any
`Borrower shall pay when due the principal of, and interest on,
`prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
`to Section 3. Payments due under the Note and this Security Instrument shall be inade in U.S.
`pursuant
`if any check or other instnunent received by Lender as payment under the Note or this
`currency. However,
`Security Instrument is returned to Lender unpaid, Lender rnay require that any or all subsequent payments
`the Note and this Security Instrument be rnade in one or more of the following forrns, as
`due under
`(c) certified check, bank check,
`selected by Lender:
`treasurer's check or
`(b) money order;
`(a) cash;
`cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
`instrumentality, or entity; or (d) Electronic Funds Transfer.
`federal agency,
`Payrnents are deemed received by Lender when received at the location designated in the Note or at
`such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
`if the payrnent or partial payments are insufficient to
`Lender inay return any payment or partial payment
`bring the Loan current. Lender rnay 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 iu the future, but Lender is not obligated to apply such payments at the time such payments are
`is applied as of
`If each Periodic Payment
`then Lender need not pay
`its scheduled due date,
`accepted.
`interest on unapplied funds. Lender tnay hold such unapplied funds until Borrower makes payment to bring
`If Borrower does not do so within a reasonable period of time, Lender shall either apply
`the Loan current.
`If not applied earlier, such funds will be applied to the outstanding
`return thern to Bonower.
`such funds or
`principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
`in the future against Lender shall relieve Borrower frorn making payments due under
`might have now or
`the Note and this Security Instrument or performing the covenants and agreernents 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
`(c) amounts due under Section 3. Such payments
`due under the Note;
`(b) principal due under the Note;
`in the order in which it becarne due. Any remaining amounts
`shall be applied to each Periodic Payinent
`shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
`then to reduce the principal balance of the Note.
`If Lender receives a payment from Borrower
`for a delinquent Periodic Payment which includes a
`sufficient amount
`the payment may be applied to the delinquent payment and
`to pay any late charge due,
`If more
`is outstanding, Lender rnay apply any payment received
`than one Periodic Payment
`the late charge.
`to the repayrnent of
`from Borrower
`the Periodic Payments if, and to the extent
`that, each payment
`
`FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH ME S
`Page 4 of 16
`411D -6A(FL) (1302).00
`Initial
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`Form 3010
`
`1/01
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`

`

`20190393575
`
`Page 5 of 20
`
`exists after the payment is applied to the full payment of
`can be paid in full. To the extent
`that any excess
`Periodic Payments, such excess
`may be applied to any late charges due. Voluntary
`one
`or
`more
`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
`to provide for payment of amounts due
`the Note is paid in full, a sum (the "Funds")
`(a) taxes and assessments and other items which can attain priority over
`this Security Instrument as a
`for:
`if any;
`lien or encumbrance on the Property;
`(b) leasehold payments or ground rents on the Property,
`(c)
`premiums for any and all
`insurance required by Lender under Section 5; and (d) Mortgage Insurance
`if any,
`to Lender in lieu of
`the payrnent of Mortgage
`or any sums payable by BolTower
`premiurns,
`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
`if any, be escrowed by BolTower, and such dues,
`Association Dues, Fees, and Assessments,
`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 the Funds for Escrow Iteins 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 Escrow Iteins at any tirne. Any such waiver may only be
`In the event of such waiver, Borrower shall pay directly, when and where payable,
`in writing.
`the amounts
`due for any Escrow Iteins 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.
`Bonower's obligation to make such payments and to provide receipts shall for all