Filing # 138158034 E-Filed 11/09/2021 09:46:24 AM
`
`IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL
`
`CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
`GENERAL JURISDICTION DIVISION
`CASE NO. 50-2019-CA-016216-XXXX-MB
`
`NATIONSTAR MORTGAGELLC D/B/A
`CHAMPION MORTGAGE COMPANY,
`Plaintiff,
`
`VS.
`
`MARJORIE ANN POWELL A/K/A MARJORIE
`
`A POWELL A/K/A MARJORIE POWELL,et.
`al.
`
`Defendant(s),
`/
`
`On this 8 day ofNovember, 2021, Plaintiff, by and through its undersigned attorney herebyfiles the Copy of the Certification of
`Business Records.
`
`NOTICE OF FILING
`
`ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS,
`PLLC
`
`Attorney for Plaintiff
`6409 Congress Ave., Suite 100
`Boca Raton, FL 33487
`Telephone: 561-241-6901
`Facsimile: 561-997-6909
`Service Email: flmail@raslg.com
`
`By: _\S\Ryan Lumbreras__
`Ryan Lumbreras, Esquire
`Florida Bar No. 72596
`Communication Email: rlumbreras@raslg.com
`
`19-386000 - DiV
`
`PAGE1
`
`“* FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 11/09/2021 09:46:24 AM ***
`
`

`

`FILING CONFIDENTIAL INFORMATION WITHIN COURT
`
`Pursuant to Florida Rule of Judicial Administration 2.420(d)(2), the filer of a court record at the timeoffiling must indicate
`whether any confidential information is included within the documentbeingfiled; identify the confidentiality provision that
`applies to the identified information; and identify the precise location of the confidential information within the document being
`filed.
`
`Title/Type of Document(s):
`
`Indicate the applicable confidentiali specifying the location within the rovision(s) below from Rule 2.420(d)(1)(B), by
`
`
`
`
`
`document on the space provided:
`
`
`
`
`Loan Number, Social Security, bank account, charge, debit, and credit card numbers in court records. §119.0714(1)@)q) ,
`
`(2)(a)-(€), FS.
`
`Location: Exhibit A to E
`
`ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS,
`PLLC
`
`Attorney for Plaintiff
`6409 Congress Ave., Suite 100
`Boca Raton, FL 33487
`Telephone: 561-241-6901
`Facsimile: 561-997-6909
`Service Email: flmail@raslg.com
`
`By: _\S\Ryan Lumbreras__
`Ryan Lumbreras, Esquire
`Florida Bar No. 72596
`Communication Email: rlumbreras@raslg.com
`
`19-386000 - DiV
`
`PAGE 2
`
`

`

`TN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
`IN AND FOR PALM BEACH COUNTY, FLORIDA
`GENERAL JURISDICTION DIVISION
`
`NATIONSTAR MORTGAGE LLC D/B/A
`CHAMPION MORTGAGE COMPANY,
`Plaintiff,
`
`VE.
`
`MARJORIF ANN POWELL A‘K/A MARIJORIE A
`POWELL A/K/A MARJORIF. POWELL, et al.
`Defendantts).
`
`i
`
`CASE NO. 50-2019-CA-016216-XX XK-MB
`
`CERTIFICATION OF BUSINESS RECORDS AFFIDAVIT
`
`STATEOF TEXAS
`
`county of DENTON
`
`appeared
`personally
`date
`this
`authority,
`undersigned
`the
`me,
`BEFORE
`Melanie Harris, y who, being first duly sworn or affirmed, deposes and
`
`states:
`
`[amover the wge of 18, competent {a testify, and the statements madein this affidavit are
`l.
`based on personal knowledge based on my review of the applicable business records.
`Assistant
`NATIONSTAR MORTGAGE LLC D/B/A
`I am employed as a/an
`2.
`CHAMPION MORTGAGE COMPANY ("Champian”). By reason of the foregoing, 1 am authorized to
`make this affidavit and have personal knowledge ofthe facts set forth herein.
`
`in the regular performance of my job functions, | have access to and arn familiar with the
`3.
`business records relating to the servicing of the mortgage loan at issue in this action. Champion keeps
`certain business records pertaining to acts, transactions, occurrences, and events regarding and pertaining
`to the mortgage loan accounts Champion services. Those business records are made and maintained in the
`regular course of Champion's business and include data compilations,
`imaged documents related to
`payment and expenditures on loans, as well as collateral loan documents such as mortgages, notes, name
`documents, and other records. Records ef such acts, transactions, occurrences, and events are made at or
`near the time by—or from information transmitted by—a person with knowledge. To the extent that the
`business records of the loan in this matter were created by a prior servicer, thase records have been
`verified for acvuracy and incorporated inlo Champion's business records in the regular course of
`Champion's regularly conducted business activily.
`
`True and correct copies of the records [ have reviewed and relied upon in executing this
`4,
`Affidavit are attached to this Affidavit and incorporated herein.
`
`19-386000 - DIV
`
`

`

`According to the records, the Plaintiff is in possession of the original Note. A true aud
`5.
`catrect copy of the original note is attached hereto as Exhibit A. A true and correct copy of the original
`mortgage is attached hereto as Exhibit B.
`
`According to the records, the Borrower(s) is in default according te the terms and
`6.
`conditions of the Note and Reverse Mortgage due to the non-payment of taxes and/or insurance on the
`principal residence. ‘lhe default has not heen cured and the Joan has been accelerated making the entire
`loan balance due and owing, along with accruedinterest.
`
`A due and payable nolice was sent to the property address. A copy of this letter is
`7.
`attached hereto as Exhibit C.
`
`a.
`
`A true and correct copy of the loan history is attached hereto as Exhibit D.
`
`Based on the records reviewed and attached hereto, there is now due and owing to the
`9,
`Plaintiff upon said note and mortgage the following attached amounts. A true and correct copy of the
`records showing the amounts due and owing 1s attached hereto as Exhibit ©.
`
`On account of the default of the borrower(s) under the nole and mortgage sued upon
`10,
`herein, Champion retained its attorney of record and authorized the filing of this action. Further,
`Champion has agreed to be bound and obligated itself to pay said attormey for his/her services such sum
`as the Court shall adjudge ta he reasonable.
`
`FURTHER AFFIANT SAVETH NAUGIIT.
`
`Natianstar Morigage LLC D/B/A Champion Mortgage
`Company
`
`
`
`Name: Melanie Harris -
`‘Title:__AssistantSecretary
`
`Date: 1-8-2021
`
`STATE OF_TEXAS_
`COUNTY OF DENTON
`
`Sworn to and subscribed before me by means of [x] physical presence or[ | online notarization, this 8th
`day of _November
`, 20[ 2] by Melanie Harris
`Affiant personally known {XJ or Produced Id. [
` ] Type ofid. produced
`
`
`
`v.5/MyCann,wotsIbtala11-03-2024
`“wgee
`
` Public Signature
`.
`Jason White
`
`Name
`My Commission Expires: | 1-3-2024
`
`19-386000 - DIV
`
`

`

`ee
`
`CLOSED-END FIAED RATE NOTE
`(HOME EQUITY CONVERSION) |
`FHA Case No
`Loan No
`MERS MIN:
`
`33405
`
`[Puanty Address]
`
`APRIL 07, 2011
`236 BEVERLY ROAD
`WEST FALM BEACH, FL
`
`41. DEFINITIONS
`“Borrow means each person signing af tne end of lhis Node, "Lender' mesons
`WELLS FARGO BANK, HA.
`and its successors and assigns. eeeretary” means the Secrefary of Housing and
`Urban Deavalopment ar his ar her authorized representatives
`2. BORROWER'S PROWISE TO PAY; INTEREST
`Incretuen jor amounds to be advenced by Lander up lo a magnum princi! arnounl of
`257509.00)
`to of for the benefit of Bosrower undet the Jerres of a Home Equity
`Conversion LoanJ
`emand dated
`04/07/21 CLosn Agreement”), Borrower
`ofdar of Lander & prindipal amour equal to the surn of at Loan Advances
`pramien bo
`made under tha ny wemend wills ditt >A amounts advancedby Lender, plus ideweesd, if not
`due earlier, ara due and payable on JANUARY 26TH
`a
`.
`Interest will be charged
`on unpaid princagal at the redeol FIVE AND 0460/1000
`perce {
`5.060%) per year until the full siournt of
`Prindpal has boon paid, Acared inderest shail be added to ihe principal bafanoe a5 3 Loan Advance
`af [he and of each month.
`
`3. PROMISE TO PAY SECLIREO
`Bormower's promise to pay is secured by a mortage. deed of Inist or similar security Instrument
`thal is daled the same date as thi: Nole and called tha
`“Securily
`instrament.” That Secunty
`Inétronant protect the Lender trom losses which might resuil if Borrower defaults under tha Nokes.
`4. MANHER.OF FAYNENT
`AalBorrower shall paya8 outstanding principal and accrued infareét to Lender
`recem of a
`(oiPiece Lander sequiring immediate paymend in full, as provided in Paragraph6of this Mote,
`Paymant thal be made a(WELLS FARGO BANK, H.A.
`4490 STATETVIEW BLVD. MAC 17862-0348
`
`‘of al such otter
`
`900-472-3209
`POAT MILL, 3¢ 29715-7208
`place as Lender may designale in writing by police to Borrower,
`(C} LimHathonof Llabliity
`Borower shall have no personal abitty for payment of this Note, Lender shall enforce the
`debt only inmugh sate of the Property covered by the Sec
`instrument fainperty').
`if this
`Note la assigned lo tha Secretary, Ine Borrower shall not ba
`iatde for any
`difference between
`ihe morgage insurance benefits paid to Lender and the outstanding ndetledress, mcluding
`accruad interest, awed by Borrower al ihe time of the atsigament.
`5. BORROWER'SRIGHT TO PREPAY
`A Borewer hat the right to
`the debt evidenced by mis Note, in whole or in part, withoul
`charge of penalty. Any amount of deb!
`prepaid wid firsl be applied to reduce the principal balance of
`the mecond Note described In Paragraph
`10 of this Note and
`hen t reduce the principal balance of
`All afeperymenia of the principal bakince shall be applied by Lender as inlows:
`st, fo thal partion al the pencipal balance representing aqgreqate payments for morgage
`MSUrane
`Second, toira‘portion oF the principal balance rapresanting aggregate payments for
`5
`ng
`ici, rithatportion of ihe principal balance rapresanting accrued interest dua under he
`reio ihe remaining portion of Ihe principal belance.
`Ta the exten Bortower pprepay any outstanding balance under thie Nolte. such amounts wil no
`longer be available lo be advan
`under this Note.
`6. IMMEDIATE PAYMENT IN FULL
`{Aj Geath or Sale
`Lenderragy requiré immediate payment in full af ai aulstanding principal and accrued
`interes:
`OyABonBorrower dies and the Property f hot the principal residence of at leas! one surviving
`fit"Alofaf'a‘Borrower's file in tha Property for his or her beneficial interest in a trusi
`aa of part of the Property) Is sak or
`Uanéferred and no other Bornwer retains tile
`nen is renewable of a ease having a remainingperiod of not less than 50 years beyond
`to Uhe Property in fee simple or releins a leasehold under a lease for not lees than 99 years
`
`Boso¥er or retains a We estate (or retaining
`ine date of the 100th birthday of the younges!
`a beneliciel interest in a trust wan such an interest in the Property).
`Fira) Amarzee Look Predveceon Aeences
`Fretée PECH FastBaar bober
`1D 006 Fit) Ametcan Anal Pyne $cuneee 11
`RAPSLS2 t00F 2404 NV) ABOABAL Dos led CFL Ray. PAHO
`
`Peat od
`
`

`

`(B) Other Grounds
`~ Lender may require immediate saymant in full of af outstanding pracipal and accrued interest, upon
`| by an authorized representative of the Secretary,
`if:
`th The
`erty casées jy be the principal residence of a Borrower lor reasons other than death and
`ihe Property
`ié not the pnacipal reskience of al beast one other Borrower,
`ii) For a patiod of fonger than 12 consecultve months, a Borrower fails to physically occupy the
`Topary
`5 of
`ica] or mental iiiness and ihe Property ig not the principal raaidence of at
`least ane olher Gorower, or
`/
`ia) An ol
`i ahonof theBorrower under the Security Instrument
`|s not perfarmed.
`aymen
`opts
`an
`end
`c) H Lender has réquired invhediate
`an in fies described above, the debi enforced Ihnnugh sale
`of ihe Property may include cosls and expenses, Including reasonable and cuminmary
`ntlome
`PAS,
`aesociated
`with
`enforcement of tis Nols to the eatent not prohibded by applicable law. Such
`feos and
`caels shall bear intaras! from the date of disbursement at the same rate as the
`principal of this Note
`rusts
`(
`Conveyance ol a Bormnmwer's
`interest In the Property to a trust which meets the requirements of tha
`Secralary, or conveyances of a tual imerests in the Property to a Borrower, shall nol be considered A
`conveyance for purposes of this Paragraph. A lust shalt not be consdered an occupant or be
`dated a3 having @ principal raaitence for purposes of this Paragraph.
`T. WAIVERS
`Homower waives Iha rights of presentment and notice of dishonor. “Presenimon” mean the right to
`requira Lander to demand payment of amounts due, "Notice of dishonor means the right to require bt ander
`lo give notice 1a other persons thal amounts due have not bean pal.
`;
`&. GWING OF HOTKES
`Unless applicable law requires a differant method, any notice that must be given fo Borrower uraier [hes
`Mole will be
`given by dalivering Hor by mailing if by first class mall io Borrowerat theProperty address
`abeve or al @ diferent address if Bormwer hag given Lender a notice ofBarrawer's differant addreaze.
`Any patice that must be glyan to Lender under this Nole will be given by Rret dass mad to Lareley at the
`address staled in Paragraph
`4{6} or at a different address if Gorrewaer [4 given a notice of that different
`aS,
`5. OBLIGATIONS OF PERSONSUNCER THIS MOTE
`.
`.
`H more han one person signs this Nole, each person is fully obligated to keepall of the promiges mace
`i (his. Note, Lander may aniotce Ws ryhts under this Nole only through sale af the
`Properly
`10. RELATIONSHIP TO SECOND NOTE
`A) Second Note
`amounts which Ine Secretary may make to or on behalf
`Because Gerower wil be required lo
`of Borrower pursuant fo Section 2560)(t%A) of the Natlonal Housing Act and the Loan Agreement,
`the
`Secretary hes required Borrower in grant a Second Nole be the Secretary.
`(2) Relstionshipof Sccrelary Payments 6 this Note
`Payments made by the
`retary
`aha nol ba induded in the debt due under this Noble uniess:
`i} This Mote Is assigned to Ihe
`. oF
`1 The Secrelary accepts reimbursement by the Lander far a payments madebythe Sacratary.
`Hf ihe ercumatances daecribed in (i) or df} Gecur,
`then all payments by ine Secretary,
`including
`Interest an tho payments, shall be included im the debt
`.
`,
`(C) Effect on Barrawer
`Where there is no assignment! of reimburamend as deeonbed ity (B)(1) of (i) and the Secrelary makes
`paymenis t Borrewver,
`then Borrower shall nol:
`.
`.
`Be required Io pay amaunte owed under this Nae until the Secretary hes required
`payment in full
`of all cuistanding gaincipal and accrued inlerest under the Secund Note held by Seer
`'
`nokwiihslanding
`anything to the contrary in Paragraph 6 of this Note, or
`(li) 8a abligeted
`lo pay Inferast under ihm Nole af any time, whether accrued before or after the
`paymenisdyIhe Socretary, and whelher or not accrucd indcres! has boon inckxded in the Principat
`balance of hie fale, notwithstanding anything (o ihe contrary in Paragraph 2 of ths Noble or any
`Allonge to this Note.
`
`.
`
`.
`
`.
`.
`_
`11. QocumentaryStamp Tax
`
`Fiotida documentary slamp tax in the amour requiredbylaw hae been paid in connection wilh the
`
`recording of the morigage Nass evidencedbythis Note. If fulurein favor of Lender securing the ind
`
`
`
`adyancas area made under Ihe Laan Agreement and
`ins Note, documentary samp
`tax will be paid directly to
`thy Florida Departnent of Revere in the amount required by law, Cerificate ct Registration
`No,
`
`(Acknowledgmenis on folowing page}
`
`Fane Apes Laan Produnten Ganders
`2008 Ficus Anderton Pad Badri Babee LA
`WALMtte) Ae SADR: OAR PLPL DoeOME
`
`Pee tal}
`
`Planes HECM Parad Reve tints
`
`Tap
`
`

`

`BYrGNING BELOW, Borrower accepts and agrees fo the tars and covenanis contained in the
`ale.
`
`MARIO
`
`POWREL
`
`(Seal)
`Bornmat
`
`(Seal)
`
`{seal
`Boner
`
`(Seal)
`
`Pre) Aerdeta bdPecan Services
`2008 Ft Arraincan Road Meteis Foleoes LC
`
`TPAela7OO NLTEL DoeatCFL
`
`Page24>
`
`Wlatdy FECH filed Rate “oie
`
`y ,
`
`

`

`WITHOUT RECOURSE
`
`PAY TO THE ORDER OF
`
`

`

`yy rot
`Thia Document Prepared By:
`CHERYL A PREXREL
`
`individual's Title/Name:
`WELLS FARGO BANK, W.A.
`
`f
`
`'
`
`CFN 201101335190
`OR BK 24468 PG 1434
`RECORDED 04/15/2011 16:98:46
`Palw Beach County, Florida
`AMT 157, 580, 08
`Deed Deco 351.25
`Intang 315,00
`Sharon R. Bock,CLERK £ COMPTROLLER
`s 1834 - 1843;
`(18pga)
`Post Office Addresa:
`PREPARED BY & RETURN TO
`3480 STATEVIEW BLVD ,
`MORTGAGE CONNECT
`PORT MILL , SC 297150006
`
`WheeFecorhed-MeiaLo-, 200 CORPORATE CENTER DRIVE
`
`FPIHAL“SOGE—27408-01F
`SUITE 200
`42OT“RISERANEIVETHEES—I88=MOON TOWNSHIP, PA 15108
`
` [Space Above This Line For Recording. Datal
`State of Florida
`FHA Case Nr
`—a —ae -
`GLOSED-END FIXED RATE i ~
`
`
`HOME EQUITY CONVERSION MORTG
`THIS MORTGAGE("Security Instrument’)
`is given on
`mortgagor is MARJORTE AWN FOWELL
`
`04/07/11, The
`
`whose addres is
`
`238 BEVERLY ROAD, WEST PALM BEACH, FL
`
`33405
`
`Instrument is given 9 WELLS FARGO BANK, N.A.
`
`{Borrower}. This Security
`
`, which és
`
`THE UNITED STATES
`
`organized and existing under the awe of
`and whose addressis
`101 NORTH PHILLIPS AVENUE
`Sorrower
`(‘Lender*).
`TOUX F.
`Is. SD 57104
`as age
`to repay to
`Lender amounts which Lender is obligated to ativance,
`including future
`advances, under the terms of a Home Equity Conversion Loan Agreementdaydated the same date as
`This Security Instrument
`("Loan AAgreament"). The agreement to repay is evidanced by Borrower's
`Note dated ihe same date as this
`Security Instrument
`("Nolte"). This Security Instrument secures to
`Lender:
`fa} the repayment of the debt evidenced by tha Note, with interest and all renewals,
`exiensions
`and modifications
`of
`the Note,
`up
`to
`a maximum principal
`amount
`of
`ONE HUNDRED FIFTY SEVEN THOUSAND FIVE HUNDRED AND 00/100
`
`\
`
`under the terms of 1
`ecurily Instrument; and (yo formance of Borrower's covenanis and
`of this Security Instrument orotherwise due
`the secu
`protect
`Bdvanced under Para raph 65 to
`Dalfars (U.S. $
`157500.00
`b) the payment of all othar sums, with interest,
`agreements under this"Seourlty instrument and the Note,
`The full debt,
`including amounts described
`in
`(a),
`(tb)
`and
`fc)
`above,
`if
`nol
`due
`earlier,
`is'
`due
`and
`payable
`on —
`Fire) Amidon Lodn Produalion Senne
`Flonga HECM Sacuney inatumurt
`(E}2od2 Fiat Ainerean Real Eee Soksisna LLC
`FALPSS FLRECMISU Rev. 12-20-08
`NMFL #6907FL Doo kt GFL, Rav Wid
`
`Pugot
`
`r
`
`too
`
`yn “7
`
`Exhibit BR
`
`

`

`canvey ta Lender the follwing described property located in
`PALM BEACK
`JANUARY 24TH, 2094
`or this purpose, Borrower does hereby mortgage, grant and
`County, Florida:
`SEE EXHIBIT A ATTACHED HERETO AND MADE A FART HEREOF
`
`which has ihe address of
`
`236 BEVERLY ROAD
`
`'
`
`(Street
`
`WEST PALM BEACK
`{Ciy]
`
`FL
`
`[State]
`
`33405
`[Zip Code}
`
`(Property Address");
`
`TOGETHERWITH all the improvements now or hereafter erected on the property, and ali
`easements,
`fights, appundenances, and fixtures
`now or hereafter a part of
`the property. All
`raplacements and addilians shall also be covered by this Security Instrument. Ail of the foregoing is
`referred to in this Securty Instrument as the "Property."
`BORROWERCOVENANTS that Borrower
`is lawfully selsed of the estale hereby conveyed
`end has ihe
`right
`to morgage, grant and convey the Property and that
`the Property is
`unencumbered,
`Trower warrants and wil defend generally the fitie to the Property against all
`claims and demands, subject to any encumbrances of record.
`national use and
`for
`THIS SECURITY
`INSTRUMENT combines
`uniform covenants
`non-uniform covenants with limited variations by jurisdiction
`to constitute a uniform security
`instrument covering rea! property.
`UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
`
`4. Paymentof Principaland Interest, Borrower shall pay when due the principal of, and
`inlarest on, lhe debt evidened by the Nola
`2. Paymentof Property Charges. Borrower shall pay all property charges consisting of
`laxes, ground renls, flood and hazard insurance premiums, and special assessments in a timely
`manner, and shail provide evidence of payment to Lender, unless Lender pays property charges by
`wilhhelding funds from monthiy payments due to the Borrower or by charging such payments to a
`ine of credit as provided for in the Loan Agreement.
`4. Fira, Floodand Other Hazard Insurance. Borrower shall insure all improvements on the
`Property, wheather now i existence or subsequently erected, against any hazards, casuatties, and
`contingencies, including fire. This insurance shall be mainiained in the amounts, to the extent and
`for the periods required by Lender or tha Secratary of Housing and Urban Development
`("Secretary"). Borrower shall also insure all improvements on the Property, whether now in
`exislence or subsequently erected, against loss by floods to the extent required by the Secretary,
`All insurance shall be carried with companies approved by Lender. Tine insurance policies and any
`renewals shall be held by Lender and shail include toss payable clauses in faver of, and in a form
`acceplable to, Lender.
`In the evant of loss, Borrower shall give Lendar immediate notica by mail, Lender may make
`proot af loss if not made prompily by Borrower, Each insurance company concemed is hereby
`authorized and direcled ta maka payment for such loss to Lender instead of to Borrower and Lender
`jointly. Insurance proceeds shall be applied to restoration or repair of the damaged Property, If the
`restoration or repair is economically feasible and Lender's security is nol lessened. If the restoration
`or pepair is nol economically feasible or Lender's security would be
`
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`

`lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under a
`Second Note and Second Security Instrument held by the Secretary on the Property and then lo tha
`reduction of the indebtedness under the Note and this Security
`Instrument. Any excess insurance
`proceeds over an amount
`required fo pay all outstanding indebtedness under the Note and this
`Security Inétrument shail be paid to the antity lagally entitled therals,
`in the event of foreclosure of
`this Security Instrument or other transfer of title Ip the
`Property that extinguishes
`the indebledness, af night,
`title and interest of Borrower
`in and to
`insurance policies in force shall pass to the purchaser.
`4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
`Application; Leasehofde, Borrower
`shalt occupy, establish, and use the Property as Borrower's
`principal residence after the execulion of this Securily Instrument, and Borrower (or at least one
`Borrower,
`if initially more than one person are Borrowers) shall continue to occupy the Property as
`Borrower's principal residence for the term of the Securily Instrument, “Principal
`residence" shall
`have the same meaning as in the Loan Agreement.
`Borrower shall nol commit waste or destray. damage or substantially change the Property
`or allow Ihe Property to deteriorate,
`reasonable wear and lear excepled. Borrower shail also be in
`default
`if Borrower, during the foan application process,
`gave materially false of
`inaccurate
`information ar stalements to Lender (or failed te provide Lender with any material
`informatien)
`in
`cannection with ihe Joan evidenced by the Note, meluding, bul not
`iimited to,
`representations
`conceming Gormower's
`occupancy cf
`the Properly as a principal
`residence.
`/f
`this Security
`Insirument
`is on a leaseheld, Borrower shalt comply with the provisions of the lease.
`If Borrower
`acquires fee tila to ihe Property,
`ihe leasehold and fee title shall not be marged unless Lender
`agress to the merger in writing.
`§. Charges to Borrawer and Protection of Lendor's Rights in the Property. Borrower shall
`pay all governmental or municipal charges, fines and impositions thal are not included in Paragraph
`2. Borrower shall pay these obligations an time directly to the entity which Ie owed the payment,
`ff
`Jaikire io pay would adversely affect Lender's interest
`in the Property, upon Lender's request
`Borrower shai promplly fumish ta Lender racalpts evidencing thase paymenis. Borrower shall
`promptly
`discharge
`any
`fer
`which
`has
`priority
`over
`this
`Security
`Instrument
`in the manner provided in Paragraph 12(¢).
`If Borrower fails to make thesa payments or the property charges requaed by Paragraph 2,
`or fails to perform any other covenants and agreements contained in this Security Instrument, or
`ihere is a legal proceeding that may significantly affect Lender's rights in the Property (such as a
`proceeding in bankruptcy,
`for condemnation of to enforce laws or reguiations),
`then Lender may do
`and pay whatever
`is necessary lo protect
`the value of the Property and Lender's rights in the
`Property. Including payment of taxes, hazard insurance and other ltams mentioned in Paragraph 2.
`To profect Lender's security in the Property, Lender shall advance and charge to Borrower
`all emounts dua to the Secratary for
`the Mortgage Insurance Pramium as defined in the Loan
`Agreamneant as well as all sums dua té the loan servicer far servicing activilies as defined in the Loan
`Agreement. Any amounts disbursed by Lender under this Paragraph shall become an additional debt
`0 Borrower as provided for
`in tha Loan Agreement and shall he sacured by this Securily
`nstrument.
`8. inspection. Lender or ils agent may enter on, inspect or make appraisals of lhe Property
`in a reasonable manner and at reasonable limes provided that Lender shall give the Borrower notice
`prior fo any inspection or appraisal specifying a purpose for the inspection or appraisal which must
`be related to Lencer’s interest in the Property.
`(f the Property is vacant or abandoned or the loan is
`in default, Lender may take reasonable action to protect and preserve such vacani or abandoned
`Property without malice to the Borrower,
`claim for damages, diract or
`or
`7. Condemnation, The proceeds of any award
`consequential,
`in connection with any condemnation or other taking of any part of the Property, or
`lor conveyance in place of condemnation shall be paid to Lender. The proceeds shall be applied
`first
`to the reduction of any indebtedness under a Second Note and Second Security Instrument
`heid by the Secretary on the Property, and then to the reduction of the indebtedness uncer the
`Note and this Security instrument, Any excess proceeds over an amount
`required to pay all
`outstanding
`indebtedness under ihe Note and this Security instrument shall be paid to the entity
`legally entitiad therelo.
`ies] Amencan Boge Produenon Series
`First Areacican Rael Exiale Setutone LOC
`FALPS# FLHECMIBIF-3 Rov. 12-208
`NAPL WABOTPL Goo Id: QFAL
`
`Floikfa HECK Sacuty Inakument
`
`Page 3
`
`Map
`
`Exhibit B
`
`

`

`8, Fees. Lender may collect feas and charges authorized by the Secretary.
`g.
`dsfor
`A
`tionof Debi.
`
`(a)Bue tatepaccele’ ender may require immediate payment in full of all sums secured by
`
`his Securlty Instrument if:
`least one
`(i) A Borrower dies and the Properly is nol
`the principal
`residence of af
`surviving Barower, of
`in a trust
`(ii) All ot a Borrower's
`title in the Property (or his or her beneficial
`interest
`owning all or part of the Property) ts sold
`or otherwise transferred and no other
`Borrower retains lille to the Property in fee simple or retaing a leasehold under a lease
`for
`not
`Jess
`than
`499
`ears which
`& renewable
`or
`a
`lease
`having
`a
`remaining period of not
`less than 50 years beyond the date of the 100th birthday at
`the you
`Borrower or retains a life estate (or retaining a beneficial interest in a frust
`wilh such
`an interest in the Property).
`in
`fh Due and Payable with Secretary Approval. Lender may require immediate payment
`if:
`| of ak sums secured by this Secunly Instrument, upon approval of the Secretary,
`t) The Propeny ceases to be ihe principal residence of a Borrower for reasons other
`pan deaih and the Property is nol
`the principal
`residence of at
`least one other
`orower, or
`(li) For a period of longer than twelve (12) consecutive months, a Dorrower
`falls to
`Occupy the Properly because of physical of mental Uiness and the Property is not the
`yincipal residance of at least one other Borrower, or
`.
`iii) An obligation of the Borrower under this Security Instrument
`is not performed.
`fc) Notices to Lander. Borrower shall notify Lender whenever any of the events listed in
`Ms Paragraph (a) (li) or (5) occur.
`(4) Notice to
`Secretary and Borrower. Lender shall nolfy the Secretary and Borrower
`whenever the loan becomes due and payable under Paragraph 9 (a) i) or tb) Lender shall
`not have ine right
`to commence foreclosure unlil Borrower has had thirty (30) days afler
`nO einer,
`(i) Garreel
`the matter whieh resullad in the Security Instrument coming due and
`payable: or
`tah Pay the balance in full: ar
`Hi) Sait the Property for the lesser of the balance of 95% of the appraised value and
`wp tha neat proceeds af the sale toward the balance; or
`(I¥}
`Prowde thé Lender with 9 deed in liew of foreclosure.
`fe} Trusis. Conveyance af a Borrower's inferest
`in the Property to a trust which meets the
`requirements of the Secrelary, or conveyance of a trust's interests in the Property
`to a
`Borrower, shall not be considered a conveyance for purposes of this Paragraph 9.Atrust
`shal nol be considered an occupani or be considered as having a principal residence lor
`trpases of this Paragraph 9.
`
`0 argage Not Insured. Borrower agrees that should this Securily
`
`Instrument and the
`
`be
`
`aligibla
`
`using Act within
`the Nalionai
`under
`insurance
`for
`not
`te
`frotn the date hereof,
`if permilled by applicable law lender may,
`SIXTY DAYS
`raquire immediate payment
`in full of all sums secured by this
`i
`ai
`jis option,
`Instrument. A written
`alatement of any authorized agent of
`the Secretary dated
`subsequent
`io SIXTY DAYS
`fram the date hereof, declining to insure this Security
`Instrument
`and tha Note,
`shall ba deemed conclusive
`proof of such inetighbatty,
`Notwithstanding
`the foregoing,
`this option may not be exercised by Lender when the
`unavailability of insurance is solely due te Lender's failure to remit a mortgage insurance
`Pramium to tha Secretary.
`10. No Deficiency Judgments. Borrower shall have no personal fiability for payment of the
`debl secured by this Securily tnstrument. Lender may enforce the debt only through sale of the
`Property. Lender shall not be permitied to obtain a deficiency judgment against
`Borrower
`if the
`Security Instrument
`is foreclosed.
`If this Security instrument
`is assigned to the Secrelary upon
`demand by the Secretary, Borrower shall not be liatle for any difference between the morigage
`insurance benefits paid fo Lander and the outstanding indebtedness,
`including accrued interest,
`owed by Borrower at the time of the assignment.
`
`Fuat Amenege Leu Produindeta Fiaprcas
`Find American Head Enlale Sctubons 116
`FALPSa FLHECMESIF-4 Flay, 12-20-08
`AAMFK OBOE, Goo bd: OFFL
`
`Poge 4
`
`Fiaida HECM Secueity taginteaent
`
`Nap
`
`Exhibit B
`
`

`

`11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate
`payment In full. This ight applies even after foreclosure proceedings are instituted.
`To reinstale this
`acudly Instrument, Borrower shall correct the condition which resulted in the requirement for
`immediate payment in full. Foreclosure costs and reasonable and customary altorneys' fees and
`expenses
`property associated wilh the foreclosure proceeding shall be added to the principal
`balance.
`Upon reinsialement by Borrower, [his Security Instrument and the obligations that il
`securesshall remain in effect as if Lender had not required immediate payment in full. However,
`Lender 18 not required to permil reinstatementif: (i) Lender has accepted reinstatementafter the
`commencement of foreclosure proceedings within two years immediately
`praceding the
`<ommencement of a current foreclosure proceeding, ro) reinstatement will prectude foreclosure on
`Gifferent grounds in the fulure, or Gif) reinstatement wil adversely affect (he priority of tha Security
`natrument.
`12. Llan Statua.
`in_ accordance with this
`(a) Modification. Borrower agrees to extend this Security Insirument
`aragraph 12(a). Hf Lender determines that the orginal lien status of the Security Instrument
`is jecpardized under state law (including but not limited to situations where the amount
`secured by the Securily Instrument equals or exceeds the maximum principal amount stated
`or ihe maximum period
`under which loan advances rotain the same lien
`priority initiafy
`granted to nan advances has expired) and state law permits the original lien status to be
`maintained for Future loan advances through the execulion and recordation of one or more
`documents, then Lender shall obtain title evidence at Borrower's expense. if the title
`evidence indicates thal the Property is net encumbered by any liens (except this Security
`Instrument, Ihe Second Security Instrument described in Paragraph 1a) and any
`subordinate hens that the Lender determines wil also be subordmate to any future
`lean advances), Lender shall request the Borrower fo execute any documents necessary to
`protect the lien status of future loan advances. Borrower agrees to execute such
`ckhicuments, If state law does not permit the original lien status io be extanded to future loan
`advances, Borrower will be deemed to have failed io have performed an abligation under
`this Security
`Instrument.
`(b)