wee* CASE NUMBER: 502022CA003643XXXXMB Div: AO ****
`
`Filing # 147798776 E-Filed 04/15/2022 09:36:26 PM
`
`IN THE CIRCUIT COURTOF THE FIFTEENTHJUDICIAL CIRCUIT
`IN AND FOR PALM BEACH COUNTY, FLORIDA
`
`Truist Bank, successor by merger to SunTrust Bank,
`Plaintiff,
`
`VS.
`
`GENERAL JURISDICTION DIVISION
`Case No.
`
`Steven A. Gulfinan; Marie A. Gulfman a/k/a Marie
`Gulfman; Rainberry Bay Master Association, Inc.:
`Rainberry Bay Villas Association, Inc.,
`
`Defendants.
`
`
`
`Truist Bank, successor by merger to SunTrust Bank (hereinafter referred to as “Plaintiff), sues
`Steven A. Gulfman; Marie A. Gulfman a/k/a Marie Gulfman; Rainberry Bay Master Association, Inc.;
`Rainberry Bay Villas Association, Inc, (hereinafter referred to as “Defendants”), andalleges:
`
`
`
`
`
`FORECLOSUREMORTGAGEOF
`
`This is an action to foreclose a mortgage on real property in Palm Beach County, Florida.
`1,
`The Court has jurisdiction over the subject matter.
`2.
`On September22, 2017, Steven A. Gulfinan and Marie A. Gulfman a/k/a Marie Gulfman
`3.
`executed and delivered a promissory note (“Note”) securing payment to the payee named thereon and,
`Steven A. Gulfman and Marie A. Gulfinan a/k/a Marie Gulfman executed a mortgage (“Mortgage”)
`securing paymentof the Note. A copy ofthe Noteis attached hereto as Exhibit “A”,
`,
`4,
`The Mortgage was recorded on September 25, 2017, in Official Records, Book 29361 at
`Page 171 of the Public Records of Palm Beach County, Florida, and encumbered the property described
`in the Mortgage (the “Property”) then owned by and in possession of the mortgagor. A copy of the
`Mortgageis attached hereto as Exhibit “B”,
`5.
`The Mortgage was subsequently assigned to Truist Bank, successor by merger to
`SunTrust Bank by virtue of an assignment recorded on January 31, 2020, in Official Records Book
`31196 at Page 464 of the Public Records of Palm Beach County, Florida. A true and correct copy. of
`the Assignment of Mortgage is attached hereto as Exhibit “D”.
`6.
`The Loan was subsequently modified pursuant to the Loan Modification Agreement
`recorded on June 26, 2020 in Official Records Book 31527 at Page 1153 of the Public Records of Palm
`
`'
`
`1 0f3
`
`‘
`
`File #22-F00605-FCOT
`
`FILED: PALM BEACH COUNTY,FL, JOSEPH ABRUZZO, CLERK, 04/15/2022 09:36:26 PM
`
`

`

`Beach County, Florida. A true and correct copy is attached hereto as Exhibit “C”,
`7.
`Plaintiff, holder in possession of the Original Note,
`is entitled to enforce the Note and
`Mortgage pursuant to Chapter 673, Florida Statutes.
`
`The Property is now owned by Defendants, Steven A. Gulfiman and Marie A. Gulfman
`8.
`a/k/a Marie Gulfman, who hold possession.
`9.
`All conditions precedent to the filing of this action have been performed or have
`occurred,
`
`~
`
`Defendants, Steven A. Gulfman and Marie A. Gulfman a/k/a Marie Gulfiman, have
`10.
`defaulted under the Note, Mortgage and Loan Modification by failing to pay the payment due on October1,
`2021, and all subsequent payments.
`11.
`Plaintiff declares the full amount payable under the Note, Mortgage, and Loan
`Modification to be due.
`\
`12.
`Defendants, Steven A. Gulfman and Marie A. Gulfman a/k/a Marie Gulfiman, owe
`Plaintiff $163,765.17 that is due on principal onthe Note, Mortgage and Loan Modification, interest from
`September 1, 2021, andtitle search expense for ascertaining necessary parties to this action.
`13.
`Plaintiff is. entitled to insurance premiums, taxes, assessments and any other advances
`made on behalfofthe Defendants asset forth in the Note and Mortgage.
`14.
`Plaintiff is obligated to pay Plaintiff's attorneys a reasonable fee for their services.
`15,
`Defendant, Rainberry Bay Villas Association, Inc., is. joined because it may claim some
`interest in or lienupon the Property by virtue of a Claim of Lien recorded on July 14, 2021, in Official
`Records Book 32689 at Page’365 of thePublic Records of Palm Beach County, Florida. Said interest is
`subject, subordinate, and inferiorto the lien ofPlaintiffs Mortgage.
`.
`~
`16.
`Defendant, Rainberry Bay Villas Association, Inc., is joined because it may claim some
`interest in or lien upon the Property by virtue of a Noticeof Lis Pendens recorded on September 2, 2021
`in Official Records Book 32839 at Page 1098 of the Public Records of Palm Beach County, Florida. Said
`interest is subject, subordinate, and inferior to the lien of Plaintiff's Mortgage.
`17.
`Defendant, Rainberry Bay Master Association, Inc., is joined because. it may claim some
`interest in or lien upon the Property by virtue ofa possible lien pursuant to the Declaration of Covenants
`and Restrictions or Declaration of Condominium and any amendments thereto recorded in the Public
`Records of Palm Beach County, Florida. Said interestis subject, subordinate, and inferior to the lien of
`Plaintiff's Mortgage.
`18.
`Theinterests of each of the Defendants is subject, subordinate and inferior to the lien of
`Plaintiff's mortgage.
`
`2 of 3
`
`File # 22-F00605-FC01
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`

`

`this Court enter judgment: (a)
`WHEREFORE, Plaintiff respectfully requests that
`foreclosing the Mortgage; and (b) enumerating all amounts this Court determines due to Plaintiff pursuant
`to said Note, Mortgage, and Loan Modification; and (c)ordering the Clerk of the Court to sell the subject
`property to satisfy the amount due Plaintiff, in whole or part; and (d) adjudging that the right, title and
`interest of any party claiming by, through, under or against any Defendant named herein be deemed
`inferior.and subordinate to the Plaintiff's Mortgage lien and forever be barred and foreclosed; and (e)
`’ retainingjurisdiction of this Court’ in this action to make any and‘all further orders and judgments as
`necessary and proper, including but notlimited to re-foreclosure against any subordinate interest omitted
`from these proceedings, determining the amounts owed to any condominium or homeowners association,
`issuance of writ of possession; and (f) awarding Plaintiff its attorney fees, costs, interest, advances; and
`(g)for such other andfurther reliefas this Court deemsjust and proper.
`,
`,
`
`
`Underpenalty ofperjury, I declare that I have read the foregoing, and the facts alleged therein are
`true and correct to the best of my knowledgeandbelief.
`
`Truist Bank, successor by m
`
`er to SunTrust Bank
`
`
`Title: “ulVie
`PrintedName: ery Killy
`Date: law i 24392-
`
`By:
`
`
`
`In accordance with Fla. R. Jud. Admin. 2.516(b)(1)(A), the undersigned attorney forthe Plaintiff
`hereby designates FLCourtDocs@brockandscott.com as their primary e-mail address.
`
`BROCK & SCOTT, PLLC
`Attorneyfor Plaintiff
`2001 NW 64th St,Suite 130
`Ft. Lauderdale, FL'33309
`Phone: (954) 618-6955, ext. 4769
`Fax: (954) 618-6954
`FLCourtDocs@pbrockandscott.com
`
`By_Havin MacMiltan Fl Bax OOSTOI
`Julie York, Esq.
`Florida Bar No. 55337
`
`GULFMAN- 5448 - Verified Complaint
`
`3 of 3
`
`.
`
`File#22-F00605-FC01
`
`

`

`
`
`
`
`.
`
`NOTE
`
`.
`
`\ _ =
`
`EXHIBIT A
`«2
`‘
`LOAN?i
`CASE+:
`FS
`.
`MIN:
`NOTICE; THIS'LOAN IS NOT ASSUMABLE WITHOUT
`THE APPROVAL OF THE DEPARTMENT OF VETERANS
`AFFAIRS OR ITS AUTHORIZED AGENT.
`September22, 2017
`Clearwater,
`Fiérida
`[Date]
`[City]
`[State]
`2350 NW 43th St, Delray Beach, FL 33445
`[Property Address]
`
`_
`
`1. BORROWER'S PROMISE TO PAY
`(this amcuntis called *
`-
`Tn return for a foan that ! havé received,| promise’0‘pay U.S, $166,504.00
`Principal, plus interest, to the ordérofthe Lender. The LenderIs PHH Home Loans, LLC dba Sunbelt Lending
`ervices,
`
`1 will make all payménts-underthis Note In the formof cash, check or money ordér.
`Luriderstand thatthe Lendermaytransferthis Note. The Lerideroranyonewhotakesthis Note’bytransferandwho
`is entitled to recelve payments underthis Note is called the "Note Holder.”
`2,
`INTEREST
`Interestwillbechargedon unpaid prinaipl untilthefull amountofPrincipalhasbeenpaid. | willpayinterestata’
`
`yearly rate of 3.760%.
`
`TheInterest rate required by this Section2 Is the rate | will pay both béforeand after any default described ijin Section
`G(B)ofthis Note.
`3. PAYMENTS
`
`'
`(A) Time and Place of Paynients
`1 will pay principaland Interést by making a payment évery month.
`
`I will make my monthly payment onthe 1st,- ;": day ofeach month beginning on November 41,2017.
`Twill make these payments every month until |:have-paldall ofthe principal and Interest and any other charges described
`below that [ may owe underthis Note. Each monthly paymentwilhbe applied as ofIts scheduled due date and wili be
`applied to Interést before Principal. If,on October 1, 2047,
`1 still owe amounts under this Noie,[ will
`- pay those amountsin full on that date, whichIs calledthe “Maturity Date,”
`.
`I will make miy monthly payments at 2605 Enterprise Road East, Sulte 310
`_ Clearwater, FL 33759
`
`orat adifferentplace if required! by the Note Holder,
`
`(B).Amountof MonthlyPayments
`My monthly paymentwill be in the amount of U.S, $771.14.
`
`'
`
`4, BORROWER'S RIGHT TO PREPAY
`
`[havethe righttomakepayments of Principal atanytime before‘heyaredue.ApaymentofPrincipal only isknown:
`- a3a*Prepayment.”When I makeaPrepaymeit, |willtellthe Note Holderinwriting that] am-doing so. Imaynotdesfanate
`a payment as a Prepaymentif [ have not.madeall the monthly paymentsdue undertheNote.
`| may make @ full Prepaymentor partial Prepaymentswithout paying a Prepayment charge. The Note. Holder will
`usé my Prepayments fo reduce the amountof Principalthat lowe underthis Note. However, the NoteHolder mayapply
`my Prepaymentto the accrued and unpald intgrest on ‘the ‘Prepayment amount, before applying my Prepaymentto
`reduce the Principal amount of the Note.If! maké-a partial Prepayment, thereWill be no changesIn the dus date orIn
`the amount of my monthly payment unless the-Note Hoider agrees in writing to those changes.
`
`FLORIDA FIXED RATE NOTE~Single Family—Fannle Mae/Freddie Mac UNIFORM INSTRUMENT
`Form 3210 1101 MODIFIED
`.
`Ellle Mae, Inc.
`.
`Page 1 of 3
`
`.
`VaZ00FNNCCLS)
`oareos7iTaaDens PST
`
`

`

` ,
`
`LOAN #:
`
`eee
`« & ‘LOAN CHARGES
`if a lav, Which applies to this foan and which sets maximum loan charges,Is finally interpreted so that the interest
`cr other loan charges collected orto be collected in connection with this loan exceed the permitted Imits, 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 fromm me which exceeded permittedlimits will be refunded to me. The Note Holder may choose
`to makethis refund by reducing the Principal !-owe underthis Note or by making-a direct payment to moe.Ifa refund
`reduces Principal, the reduction will be treated as 4 partial Prepayment,
`.
`6, BORROWER'S FAILURE TOPAYAS REGUIRED-
`:
`(A) Late Charge for Overdue Payments
`calendar
`Ifthe Note Holder has not received thefull amountof any monthly paymentby the end of 15
`days after the date It is due,| will pay a late charge to the Note Holder. The amountof the charge willbe 4,000%
`of my overdue payment, | will pay this late charge promptly but only once on each late payment,
`
`:
`(B) Default
`If do.not pay the full amount ofeach monthly paymentonthe dateIt Is due,[ will be in default.
`
`.
`(C) Notice of Default
`If | am in default, the Note Holder may send mea written notice telling methat if] do not pay the overdue amount
`by a certain date, the Note Holder may require me to pay Immediately the-full amountof Principal which has not been
`pald andall the Interest that [ owe on that amount. That date must be at least 30 days after the date on which the notice
`is mailed to meor delivered by other rneans,
`
`:
`(D) No Waiver By Note Holder .
`EvenIf, ata time when Lam in default, the Note Holder does not require me to pay Immediately In full as deseribed
`above, the Note Holderwill still have the rightto do so If] am In default at a later time.
`
`:
`es
`(E) Payment of Note Holder's Coste and Expenses
`ifthe Note Holder Has required me to pay ImmediatelyIn full as described above, the Note Holderwilthavethe right
`to be pald back by rhe for all'of its costs and expenses.in‘enforeing this Note to the extent not prohibited by applicable
`law. Those expensesInclude, for example, reagdnable attorneys’ fees.
`
`7. GIVING OF NOTICES
`
`Unless applicable law requifes a different method, any notice that must be given to me underthis Note will begiven
`by dalivering It or by mallingit by first class mall to me at the Property Address above orat a different address if I give
`thé Note Holdera notice of my different address,
`.
`Any noticethat must be given to the Note Holder underthis Note will be givenbydeliveringit or by mailing It byfirst
`class mail to the Noté Holder at the addréss stated In Section 3(A) aboveorat a different addressif | am glven a notice
`* of that different address.
`.
`
`8 OBLIGATIONS OF PERSONS UNDERTHIS NOTE
`
`t
`If more than one person signs this Nate, each personIs fully and personally obligated to keepall of the promises
`madeIn this Note,Including the promise to pay the full:amount awed, Any person whoIs a guarantor, surely 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 endorserofthis Nate,Is also obligated to keepall of tha promises made In this Note. The Note
`Holder may enforce lis rights under this Note against each personIndividually or against all of us together. This means
`that any one of us may be required fo pay all of the amounts owed underthis Note,
`
`tae
`' é.
`.
`9, WAIVERS
`a tat otas
`'
`,
`don
`‘
`] and any otherperson wfio-has obligations:uadetthisNote waive the rights of Presentment and Nofica ofDishonor,
`“Presentment” means theright to require the Nofe Holder to demand payment of amounts due. "Notice of Dishonor”
`meansthe right to raquire the Note Holder to give notice to other persons that amounts due have not been paid,
`40. UNIFGRM SECURED NOTE
`lo
`This Note Is a uniform Instrument with limited variations In some jurisdictions. In addition to the protections given
`to-the Note Holder underthis Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument’), dated the
`gamedate as this Note, protects the Note Holder from possible losses which might result if] do not kéep the promises
`which | make in this Note. That Security Instrument describes how and under what conditions | may be required to make
`Immediate payment [nfull of all amounts | cwe underthis Note, Someof those conditions are described as follows:
`~
`.
`3
`If all or any part oftlie Property or any Interestin the Property Is sold or transferred (orif Borrower is not a
`natural person anda beneficialInterest in BorrowerIs sold or transferred) without Lender's prorwritten consent,
`FLORIDA FIXED RATE NOTE--Single Family-Fannle MaelFrdddie Mac UNIFORM INSTRUMENT
`Form 3240404 MODIFIED
`ot
`5 43 ;
`‘
`TAN c2it
`
`
`
`
`
`Inc.Elle Mae, Page2of 3" : oy vaz0!
`
`*
`iha moo.
`V32Z00FLN (CLS)
`09/21/2017 12:45 PM PST
`
`
`
`

`

`« +
`
`LOAN/
`> =Lender may require Immediate payment in;full of'all sums secured by this Security Instrument. However, this
`option shall not’be exercised by Lenderif such exercise Is prohiblted by Applitable Law.
`.
`If Lender exeicises thls option, Lender shall give Borrowernotice 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
`Borrowermustpayallsums secured bythisSecurity Instrument,IeBorewer atonaythese sums priortothe
`. expiration ofthisperiod, Lender mayInvoke anv remedies nermittad
`bvthig SecurityInstrumentwithout further
`notice or demand on Borrower, #5» «4
`
`11. ALLONGE TO THIS NOTE
`tyros
`If an allonge providing for payment adjustments orfor‘Bayothe?sbpplementahinforrivation is executed by me
`togetherwith this Note,the covenants ofthe allongeare incorporatedinto aridarfiéiidsind supplements the covenants
`of this Note as if the allonge weré a part of this Note, [Check applicable box]
`‘
`
`i
`{
`
`:
`
`| mo
`
`CiGraduatedPaymentAttonge
`
`1Other[Specify]
`
`12. V.A. REGULATIONS
`
`Regulations (38 C.F.R. Part 36) issued under the DepartmentofVeteraris Affairs (‘VA’) Guaranteed LoanAuthority
`(38 U.S.C. Chaptér 37) andin effect on the date of loan closing shall govern therights,duties andlabilitiés ofthe parties
`to this foan and any provisions of this Note which ave jnconsistent with such regulations are hereby amended and
`supplemented to conform thereto.
`wet
`og!
`.
`
`13, DOCUMENTARY TAX
`
`ihe étaté decumeritary tax due onthis Note has been pald onthe mortgage securing this Indebtedness.
`
`WITNESS THE HAND(S)AND SEAL(S) OF THE UNDERSIGNED
`»
`
`‘
`STEVENAG
`
`.
`.
`MARIE A GULFMA
`
`,
`;
`
`‘
`7
`
`Lender:PHH HomeLoan, LLC dba Sunbelt Lending Services
`ns
`Loan OrlgInator Gregg William Benedatto
`NMLS [D:
`
`(Seal) ,
`
`(Seal)
`
`WITHOUT RECOURSE, PAY TO THE ORDER OF
`
`SUNTRUST MORTGAGE,INC,
`ZePateFame
`TINA BUTLER-CASON,Officer
`,
`t
`4
`,
`.
`.
`.
`t
`FLORIDA FIXED RATE NOTE-Single Family-Fannle MaolFieddle Mac UNIFORM INSTRUMENT
`Form 3240 4/01 MODIFIED
`Ella Mae, Inc.
`Page 3 of 3
`
`.
`
`[Sign Origirial Only]
`:
`V3200FLN 0211
`V3200FLN (CLS)
`09/21/2017 12:49 PM PST
`
`

`

`
`
`PAY TO THE ORDER OF
`
`Gage SUNTRUST MORTGAGE,INC.
`
`

`

`CEN 201703537715
`OR BK 2954614 FG O171
`RECORDED 09/35/2017 15236234
`ANT 1662594.)
`Oaad Doc eos 10
`Intons 333.01
`Beach Countyr Florid
`Hae R. BockrCLERK & COMPTROLLER
`Pas O171 ~ 1853 (i5pss)
`
`EXHIBIT B
`
`Whenrecorded,return to:
`PHH Home Loans, LLC dba Sunbelt Lending Services
`ATTN: Final Document Department
`2605 Enterprise Road East; Suite 310
`Clearwater, FL 33769
`
`This document was prepared by:
`Peggie Lavender McQueen, Loan Closer
`Sunbelt Lending Services
`2605 Enterprise Road East, Suite 310
`Clearwater, FL. 33759
`727-723-6134
`
`Title Order No.:
`Escrow No,7!
`LOAN4
`
`[Space AboveThis Line for Recording Data] ——————_—_—_____—______—______
`CASE#:
`"
`[i|
`MERS PHONE#: 1-888-679-6377
`
`MORTGAGE
`
`4
`
`DEFINITIONS
`Words used in multiple sections of this documentare defined below and other words are defined in Sections 3, 11, 13,
`18, 20 and 21. Certain rules regarding the usage of words usedin thls documentare also provided in Section 16.
`(A) “Security Instrument” means this document, which iis dated September22, 2017,
`together with all Riders
`to this document.
`{B) “Borrower” is STEVEN A GULFMAN AND MARIE A GULFMAN, HUSBAND AND WIFE,
`
`_ Borroweris the mortgagor underthis Security Instrument.‘
`{C} “MERS” Is Mortgage Electronic Registration Systems, Inc. MERSis a separate corporation thatIs acting solelyasa
`nominee for Lender and Lender's successors and assigns. MERSis the mortgagee underthis Security Instrument.
`MERSis organized and existing under the laws of Delaware, and has an address and telephone numberof P.O. Box
`2026, Flint, Ml 48501-2026,tel. (888) 679-MERS,
`@(D) “Lender”is PHH Home Loans, LLC dba Sunbelt Lending Services.
`
`Lenderis a Limited Liability Corporation,
`Delaware.
`Suite 310, Clearwater, FL 33759
`
`. ofganized and existing underthe laws of
`Lender's address [s 2605 Enterprise Road East;
`
`The Note
`{E) “Note” meansthe promissory note signed by Borrower and dated September 22, 2017.
`states that Borrower owes Lender ONE HUNDREDSIXTY SIXTHOUSAND FIVE HUNDRED FOUR AND NO/100° *
`ATAAHRARARGAKRAOREAESHARAKEHEKARHRABRAAAKRAARARAEH EKA RKRARHORE Dollars (U.S. $166,504.00
`plus interest. Borrower has promised to paythis debt in regular Periodic Payments and to pay the debtin full not later
`than October 1, 2047,
`{F) “Property” meansthe property that is described below under the heading "Transferof Rights in the Property.”
`(G) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges andlate charges due under
`the Note, and all sums due underthis Security Instrument, plus interest,
`FLORIDA ~ Single Family— Fannie Mao/Freddle Mac UNIFORM INSTRUMENT Form 3010 1/01
`Elfe Mae,Inc.
`Page iofi0 .
`:
`te
`
`FLEDEED 0515
`-
` FLEDEED (CLS)
`09/21/2017 12:49 PM PST
`
`

`

`CFN#20170337713
`Page 2 of 15
`
`LOAN}
`(H) “Riders” meansall Riders to this Security Instrumentthat are executed by Borrower. The following Riders are te
`be executed by Borrower[check box as applicable]:
`CJAdjustable Rate Rider
`C1 Condominium Rider
`LJ Second Home Rider
`C)Balloon Rider
`{] Planned Unit Development Rider
`LD other(s)[specify]
`(14-4 Family Rider
`[D1 Biweekly PaymentRider
`KIVA. Rider
`
`‘
`
`(1!) “Applicable Law” meansall controlling applicable federal, state and local statutes, regulations, ordinances and
`administrative rules and orders (that havetheeffect of law) as well as all applicablefinal, non-appealable judicialopinions,
`(J) “CommunityAssociation Dues, Fees,andAssessments” means alldues,fees, assessments andotherchargesthat
`are imposed on Borroweror the Properly by a condominium association, homeowners association or similar organization.
`(K) “Electronic Funds Transfer” means anytransfer of funds, other than a transaction originated by check, draft, or
`similar paper instrument, whichis initiated through an electronic terminal, telephonic Instrument, computer, or magnetic
`tape so as to order, instruct, or authorize a financialInstitution-to debit or credit an account. Such term includes, but is not
`limited to, point-of-sate transfers, automated teller machine transactions, transfersinitlated by tatephone, wire transfers,
`and automatedclearinghouse transfers.
`.
`(L) “Escrow Items” meansthose items that are described in Section 3,
`(M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages,of proceedspaid by any third
`party (other than insurance proceeds paid underthe coverages described in Section 5)for: (I) damage to, or destruction
`of, the Property; (ii) condemnation or other taking ofall or any part of tha Property;(iii) conveyance In lieu of condemna-
`tion; or(iv) misrepresentations of, or omissions as to, the value and/orcondition of tha Property.
`(N) “Mortgage Insurance” means insuranceprotecting Lender against the nonpaymentof, or default on, the Loan.
`(0) “Periodic Payment” meansthe regularly scheduled amountduefor(i) principal and Interest under the Note, plus
`(ii) any amounts under Section 3 of this Security Instrument:
`(P) “RESPA" meansthe Real Estate Settlement ProceduresAct (12 U.S.C, §2601 et seq.) and Its implementing.segue
`lation, Regulation X (12 C.F.R, Part 1024), as they might be amendedfrom time to time, or any additional or successor
`legislation or regulation that goverris the same subject matter. As usedIn this Security Instrument, "RESPA’refersto all
`requirements andrestrictions that are imposed In regard to-a “federally related mortgage loan” even if the Loan does
`not qualify as a “federally related mortgage loan” under RESPA.
`{Q) “Successorfn Interest of Borrower” meansany party that has takentille to the Property, whetheror notthat party
`has assumed Borrower's obligations underthe Note and/orthis Security Instrument,
`
`TRANSFER OF RIGHTS IN THE PROPERTY
`This Securily Instrument secures to Lendar:(i) the repaymentof the Loan,andall renewals, extensions and modifications
`of the Note; and (jl) the performance of Borrower's covenants and agreements under this Security Instrument and the
`Note. Forthis purpose, Borrower does hereby mortgage, grant and convey to MERS(solely as nomineefor Lender and
`Lender’s successors and assigns) and tothe succassors and.assigns ofMERS,thefollowing described property located
`inthe County
`of Palm Beach
`(Type of Recording Jurisdiction)
`[Name of Recording Jurisdiction);
`SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADEA PART HEREOFAS “EXHIBIT A".
`APN #: 0987014018
`we
`
`which currently has the address of 2350 NW 13th St, Delray Beach,
`
`Florida 33445
`1Zip Cade)
`
`‘
`
`(‘PropertyAddress’):
`
`[Streetf [City]
`
`TOGETHER WITH all theimprovements noworhereafter erected on the property, and all easements, appurtenances,
`andfixtures now or hereaftera part ofthe proparty. All replacements and additions shall also be covered by this Security
`instrument. All of the foregoing is referred to in {his Security Instrument as the “Property.” Borrower understands and,
`agrees that MERSholds only legaltitle to the intérests granted by Borrowerin this Security Instrument,but, if necessary
`to comply with law or custom, MERS (as nomineé for Lender and Lender’$ successors and assigns)has theFight: to
`.
`o
`8
`ee
`gn
`a,
`. beet
`FLORIDA — Singta Famlly— Fannte Mao/Fraddla Mac UNIFORM INSTRUMENT Form 3010101 **
`Ellie Mae, Inc.
`Page 2 of 10
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`FLEDEED osts
`FLEDEED(CLS)
`09/24/2017 12:49 PM PST
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`CFN#20170337713
`Page 3 of 15
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`LOAN #
`exercise any orall of those interests, including, but notlimited to, the right to foreclose andsel) the Property; and to take
`any action required of Lenderincluding, but notlimited to, releasing and canceling this Security Instrument.
`c
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`BORROWER COVENANTSthat Borroweris lawtully seised of the estate hereby conveyed and has theright to mort-
`gage,grant and convey the Property and that the Property is unencumbered, excent for encumbrances ofrecord. Borrower
`warrants and will defend generallythetitle to the Property againstall clalms and demands, subject to any encumbrances
`of record.
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`THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenantswith limited
`variationsbyjurisdiction to constitute a uniform security instrument covering real property.
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`UNIFORM COVENANTS. Borrower and Lender covenant and agreeas follows:
`1. Payment of Principal, Interest, Escrow items, Prepayment Charges, and Late Charges. Borrowershall pay
`when duethe principalof, and interest on, the debt evidencedby the Note and any prepayment charges and late charges
`due underthe Note. Borrowershall also pay funds for Escrow Items pursuantto Section 3, Payments dua underthe Note
`and this Security Instrument shallbe madein U.S. currency, However, if any check or otherinstrumentreceived by Lender
`as paymentunder the Note or this Security Instrumentis retumed to Lender unpaid, Lender may require that any orall.
`subsequent payments due underthe Note and this Security Instrument be madein one or more ofthe following farms,
`as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashler's check,
`provided any such checkIs drawn upon aninstItutian whose deposits are Insured by a federal agency,instrumentality, or
`entity; or (d) Electronic Funds Transfer.
`Payments are deemed recelved by Lender whenreceived at the location designated In the Note or at such other
`location as may be designated by Lender-in accordance with the notice provisions in Section 15, Lender may return any
`paymentorpartial paymentifthe paymentorpartial payments are insufficiantto bring the Loan current. Lender mayaccept
`any paymentor partial paymentinsufficlent to bring the Loan current, without waiverof any rights hereunderor prejudice
`to its rights to refuse such paymentor partlal paymentsin the future, but LenderIs not obligated to apply such payments
`at the time such payments are accepted.If each Periodic Paymentis applied asofits scheduled due date, then Lender
`need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes paymentto bring
`the Loan current. lf Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or
`retum them to Borrower. If not applied earlier, such fundswill be applied to the outstanding principal balance underthe
`Note Immediately prior to foreclosure. No offset or claim which Borrower might have noworin the future against Lender
`shallrelieve Borrowerfrom making payments due underthe Note.andthis Security Instrumentor performing the covenants
`and agreements secured by this Security. Instrument.
`2. Application of Payments or Proceeds. Except as otherwise describedin this Section 2,all payments'accapted
`and applied byLendershallbe applied in the following orderofpriority: (a) interest due underthe Note; (b) principal due
`underthe Note; (c) amounts due under Section 3. Such payments shall ba applied to each Periodic Paymentin the.order
`in which it became due. Any remaining amounts shall be appliedfirst to lata charges, second to any other amounts due
`underthis Security Instrument, and then to reduce the principal balance of the Note.
`If Lender receives a payment from Borrowerfor a delinquent Periodic Payment which includes a sufficient amount
`to pay anylate charge due, the payment may be applied to the delinquent payment and thelate charge.if more.than
`one Periodic Payment is outstanding; Lender may apply any payment received from Borrowerto tha repaymentofthe
`Periodic Paymentsif, and to the extentthat, each payment can be pald In full. To the extent that any excess. exists after
`the payment fs applied to the full payment of one or more Periodic Payments, such excess may be applied to any late
`charges due. Voluntary prepayments shall beappliedfirst to any prepayment charges and then as described inthe Note.
`Any application of payments,insurance proceeds, or Miscellaneous Proceedsto principal due under the Note shall
`not extend or postpone the due date, or change the amount, of the Periodic Payments.
`3.
`Fundsfor Escrow Items. Borrowershall pay to Lender on the day Periodic Payments are due under the Note,
`untit the NofeIs paid In full, a sum (the "Funds’) to provide for payment of amounts due for: (a) taxes and assessments and
`otheritems which can attain priority overthis Security Instrumentasa lien or encumbrance on the Property; (b)'leasehold
`payments or ground rents on the Property,if any; (c) premlums for any and all insurance required by Lender under Sec-
`tion 5; and (d) Mortgage Insurance premiums, ifany, or any sums payable by Borrowerto Lenderinlleu of tha paymentof
`Mortgage Insurance premiums inaccordance withthe provisions of Section 10. These temsare called "Escrow Items." At
`origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
`Assessments,if any, be escrowed by Borrower, and such dues,fees and assessmentsshall ba an Escrow Item. Borrower
`shal} prompily furnish to Lenderall notices of amounts to be paid underthis Section, Borrower shall pay Lender the Funds
`for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for anyorall Escrow Items, Lénder may
`walve Borrower's obligation to pay to Lender Funds for any orall Escrow Items at any time. Any such waiver may only
`_ bein writing. In the event of such waiver, Barrower shall pay directly, when and where payable, the-amounts duefor any
`Escrow Items for which payment of Funds has been waived by Lenderand,if Lender requires, shall furnish'ta Lender
`receipts evidencing such paymentwithin such time period as Lender may require. Borrower's obligation to make such
`payments and to provide recelpts shail for alt purposes be deemed to be a covenant and agreement containedin this
`Security Instrument, as the phrase “covenant and agreement” is used In Section 9. If Borroweris obligated to pay Escrow
`Items directly, pursuant to a waiver, and Borrowerfails to pay the amount due for an Escrow Item, Lender may exercise
`its rights under Section 9 and pay such aniount and Borrowershall then be obligated under Section 9 to repay to Lender
`any such amount. Lender may revokethe waiverasto anyorall Escrow Itemsat anytime by a noticegiven In accordance
`with Section 15 and, upon such revocation, Barrowershall pay to Lenderall Funds, and in such amounts, that are then
`required under this Section 3.
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`FLORIDA — Single Family— Fannle Mlao/Froddle Mac UNIFORM INSTRUMENTForm 3010 1/04
`Ellie Mae, Inc.
`Page 3 of 10
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`FLEDEEO 0515
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`09/21/2017 72:49 PM PST
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`CFN#20170337713
`Page 4 of 15
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`LOAN#
`Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at
`the time specified underRESPA,and (b)notto exceed the maximum amountalendercan require under RESPA.Lender
`shall estimate the amount of Funds due on thebasis of current data and reasonable estimates of expendituresof future
`Escrow Items or otherwiseIn accordance with Applicable Law.
`The Funds shall be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity ‘
`{including Lender, if Lenderis an insfitution whose deposits are so insured)or in any Federal Home Loan Bank. Lender
`shall apply the Funds to pay the Escrow Itemsnolater than the time specifiedunder RESPA. Lender shall not charge
`Borrowerfor holding and applying the Funds, annually analyzing the escrow account, orverifying the Escrow Items,
`unless Lender pays Borrowerinterest onthe Funds and Applicable Law permits Lender to make such a charge, Unless
`an agreementis madein writing orApplicable Law requiresinterest ta be paid on the Funds, Lender shall not be required
`to pay Borrowerany interest or earnings on the Funds. Borrower and Lender can agreein writing, however, that inter-
`est shall be paid on the Funds, Lendershail give to Borrower, without charge, an annual accounting of the Funds as
`required by RESPA..
`Ifthere is a surplus of Funds held in escrow,