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IN THE CIRCUIT OF THE 15th JUDICIAL CIRCUIT

OF FLORIDA, IN AND FOR PALM BEACH COUNTY


PNC Mortgage, a Division of PNC Bank, N.A.,
Plaintiff,
-vs.Glen R. Pearce and Christina Morrison a/k/a
Christina M. Pearce a/k/a Christina Pearce,
Husband and Wife; et al.

Case#:
Division#:

50 2009 CA 0 3 78 d U

NB

Defendan s.

VALUE OF REAL PROPERTY OR MORTGAGE FORECLOSURE CLAIM

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This fonn below has been designed to assist with the calculation requirement of F.S. 28.241(1)(a)
2.a., regarding mortgage foreclosure graduate filing fees, based on the estimated value of the
claim and includes the required fees for mediation, education and additional defendants. (See
Chart Below)

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1. Principal Due on the Note- $340,547.78


2. Interest Owed on the Note - $8,203.88
3. Total Advances Owed on the Note Including - $0.00
Property Truces - $0.00
Insurance $0.00
Other Advances - $0.00
(The total of these three categories provides the amount for line 3.)
4. Value of True Certificates Relating to Mortgage - $0.00
5. TOTAL ESTIMATED VALUE OF CLAIM- $348,751.66
(Add lines l-4 to get the total for line 5)

Submitter Name: Tara Stabile

Complaint Processing Supervisor


Submitter Title

GRADUATE FILING FEES BASED ON THE VALUE OF THE CLAIM


$401.00 Value less than or ~ual to $50,000 with 5 defendant or less
Value greater than $50,000 but less than $250,000 with 5
$906.00 Defendants or less
$1,906.00 Value $250,000 or ~ter with 5 defendants or less
$2.50 Additional fee for each defendant over 5
S&F#: 09-157190

"\.lot

IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT


OF FLORIDA, IN AND FOR PALM BEACH COUNTY

PNC Mortgage, a Division of PNC Banlc,


N.A.
Plaintiff,
~vs.-

{()

~Jen R. Pearce an~hristina Morrison a/k/a

UNC:

Christina M. Peru:_.c~~ Christina Pearce,


Husband and Wi~~ of America, (7\
National Association; Robyn Mian~
nknown Parties in Possession lQ nknown
in Possession #2; If living, d all
Unknown Parties claiming by, through, under
and against the above name<;l Defendant(s)
who are not known to be dead or alive,
whether said Unknown Parties may claim an
interest as Spouse, Heirs, Devisees, Grantees,
or Other Claimants

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~arties

2009 CA 0 3 78 8 0

Case#:
Division#

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COMPLAINT

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Comes Now, Plaintiff, PNC Mortgage, a Division of PNC Bank, N.A. by and through its

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undersigned counsel, and files this foreclosure action against the above named Defendant(s},
Glen R. Pearce and Christina Morrison a/k/a Christina M. Pearce a/k/a Christina Pearce,
Husband and Wife; Bank of America, National Association; Robyn Monahan; Unknown Parties
in Possession #I; Unknown Parties in Possession #2; If living, and all Unknown Parties claiming
by, through, under and against the above named Defendant(s) who are not known to be dead or
alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees,
or Other Claimants, and states:

GENERAL ALLEGATIONS
I.

This is an action at law and in equity to enforce a promissory note (''the Note")

and to foreclose a mortgage (''the Mortgage") on real property located in Palm Beach County,
Florida.
This Court has jurisdiction based on Florida Statute 26.012.

3.

Venue is proper because the property is located in Palm Beach County, Florida.

4.

On May 22, 2006, there was executed and delivered a Promissory Note and a

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2.

5.

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Mortgage securing payment of said Note to the payee named thereon.


The Mortgage was recorded in Official Records Book 20448, Page 1328, of the

Public Records of Palm Beach County, Florida, then owned by and in possession of mortgagee, a
copy of the Note and Mortgage is attached hereto as composite Exhibit "A", and any subsequent
re-recordings, modifications, and/or assignments thereof, if any.
6.

National City Mortgage, a Division of National City Bank of Indiana is the

Prior to the filing of this action, Plaintiff acquired the right to enforce the Note and

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7.

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original mortgagee on the subject mortgage.

Mortgage from the party entitled to enforce the Note and Mortgage.
8.

The Plaintiff is the owner and holder of the Note and Mortgage or is the party

entitled to enforce the subject Note consistent with Chapter 673 of the Florida Statutes.
9.

The Mortgage of the Plaintiff is a purchase money mortgage being a lien superior

in dignity to any prior or subsequent right, title, claim, lien or interest arising out of mortgagor or
the mortgagor's predecessors in interest.

There has been a default under the covenants, terms and agreements of the Note

10.

and Mortgage in that the monthly installment due July I, 2009, and all subsequent installments,
remain due and owing.
11.

Plaintiff declares the full amount payable under the Note and Mortgage to be due.

12.

A principal balance of $340,547.78 is due and owing to the Plaintiff, with interest

from and after June 1, 2009, and title search expense for ascertaining necessary parties to this

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action.

In order to protect its security, the Plaintiff may have advanced and paid Ad

13.

V alorem taxes, premiums on insurance required by the Mortgage and other necessary costs, or
may be required to make such advances during the pendency of this action. Any such sum so
paid will be due and owing Plaintiff.

All conditions precedent to the acceleration of this Mortgage Note and to

14.

foreclosure of the Mortgage have been fulfilled or have occurred.

The record legal title to the property secured by the Mortgage is now vested in

is

15.

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Defendant(s), Glen R. Pearce and Christina Morrison a/k/a Christina M. Pearce a/k/a Christina

Pearce, Husband and Wife.


16.

The Defendant(s) Glen R. Pearce and Christina Morrison, is/are the makers of the

subject Note and is/are personally liable for the debt owed thereunder, if not discharged in
bankruptcy.
17.

The Defendant(s) Glen R. Pearce and Christina Morrison, His Wife, executed the

Mortgage.

18.

The rights of the mortgagor(s), note makers(s), current titleholders, and any parties

in possession are inferior to the rights of the Plaintiff in regards to the real property secured by
said Note and Mortgage.
19.

For purposes of collection and foreclosure, the Plaintiff has retained the

undersigned attorney and is obligated to pay said attorney a reasonable fee for his services.

20.

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COUNT I
MORTGAGE FORECLOSURE

Plaintiff hereby realleges and incorporates herein all the allegations contained in

the section titled General Allegations, set forth above.


21.

That the Defendant, Bank of America, National Association, might have some

claim or demand in the subject property by virtue of a Subordination Agreement, filed in Official
Records Book 20448, Page 1325, and by virtue of a Mortgage in the amount of $600,000.00,
dated on October 12, 2005, filed in Official Records Book 19752, Page 992, of the Public

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Records of Palm Beach County, Florida and all other rights, claims, liens, interest, encumbrances

and equities, either recorded or unrecorded, if any in the subject real property. The abovedescribed interest of said Defendant(s) in the subject property is inferior to the interest of the
Plaintiff in said property.
22.

That the Defendant, Robyn Monahan, might have some claim or demand in the

subject property by virtue of a Final Judgment, filed in Official Records Book 13980, Page 1395,
of the Public Records of Palm Beach County, Florida and all other rights, claims, liens, interest,
encumbrances and equities, either recorded or unrecorded, if any in the subject real property.
The above-described interest of said Defendant(s) in the subject property is inferior to the
interest of the Plaintiff in said property.

23.

That the Defendants, UNKNOWN PARTIES IN POSSESSION #I; UNKNOWN

PARTIES IN POSSESSION #2, might have some claim or demand in the subject real property
by virtue of possession, whether by tenancy from the record title holder or mere possession only.

WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter

a judgment of foreclosure against the Defendants herein, foreclosing any and all interest in the

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subject Mortgage and any interest recorded after the Plaintiff's lis pendens, except for all real

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property taxes or special assessments in favor of Municipalities and Counties, and any interest
subject to Florida Statutes 718.116 and 720.3085, if applicable; and if the proceeds of the sale
are insufficient to pay Plaintiff's claim, a deficiency judgment, unless any defendant personally
liable shall have been discharged from liability under the subject Note pursuant to the provisions
of the Bankruptcy Code 11 U.S.C. Section 101, et seq.; and award attorney fees, costs, interest,

24.

COUNT II

REESTABLISHMENT OF LOST NOTE

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advances, and for such other and further relief as this court deems just and proper.

Plaintiff hereby realleges and incorporates herein all the allegations contained in

the section titled General Allegations, set forth above.


25.

This is an action to reestablish a Promissory Note under Florida Statute

673.3091.
26.

On May 22, 2006, at Palm Beach County, Florida, there was executed and

delivered to National City Mortgage, a Division of National City Bank of Indiana a Promissory
Note and Mortgage in favor of National City Mortgage, a Division of National City Bank of
Indiana, in the principal amount of $399,000.00.

Plaintiff is not in possession of the subject Promissory Note and Plaintiff cannot

27.

reasonably obtain possession of said Note because it is lost, stolen, or destroyed.


Plaintiff has the right to enforce the subject Note when lost or destroyed or

28.

Plaintiff has acquired the right to enforce the subject Note from the party who had the right to
enforce it when it was lost or destroyed.

The loss of possession of the subject Note was not the result of a lawful transfer or

29.

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due to lawful seizure.


30.

Plaintiff will prove the terms and conditions of the subject Note.

31.

Plaintiff will indemnify third parties against future unlawful enforcement of the

subject Note.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter


judgment foreclosing the Mortgage; and enter an order reestablishing said lost document; and if

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the proceeds of the sale are insufficient to pay Plaintiff's claim, a deficiency judgment, unless

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any defendant personally liable shall have been discharged from liability under the subject Note

pursuant to the provisions of the Bankruptcy Code 11 U.S.C. Section 101, et seq., and award
attorney fees, costs, interest, advances, and for such other and further relief as this court deems
just and proper.

_Kelly Victoria Chase, Esq.


FL Bar# 65879
_Amy Weaver, Esq.
FL Bar# PENDING

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SHAPIRO & FISHMAN, LLP


Attorneys for Plaintiff
2424 North Federal Highway, Suite 360
Boca Raton, Florida 33431
Telephone: (561) 998-6700
Fax: (561) 998-6707

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This is an attempt to collect a debt and any information obtained will be used for that
purpose.
09-157190

Integrity

1r 11o~mumnm1m1~anom11

.tie, Inc:

1336 N. Federal Highway


Pompano Beach, FL 33062
.~
cu_1?nn F.~x: 954-784-1204

ReturD; To:
Nat1onaJ0:21

P.

~'6'f 1

_nrdiaa.a

::P<-ow- \ ~ ~

Box 8800

CFN 20060339263
OR BK 20448 PG 1328
RECORDED 0618812006 U :15:15
Pa.ha Beach County. Florida

An 399,889.00

yton, OR 45401-8800

Deed Doc 1t396. 50


btang 798.01

Sharon I. Bock.CLERK & tmlPTROlJ.n


This document~ preoored by:

Pge 1328 - 13-14; C17pgs>

DATHBR. lmlUll:oTr

National City Ban.Jc of Indiana

PLAINTIFF'S COMPOSITE EXHIBITIt

P.O. Box 8800


Dayton, OB 45401-8800

DEFINITIONS

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MORTGAGE

- - - - - - - - - ( S p e c e Above This LiDe For Recording Da.t.a) ----0""'0,...,0'""""4'""'"55"'""4"""3""""9...,..9-

Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security~" means this document, which is dared
together with all Riders to this document.

''Borrower" is

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(B)

May 22, 2006

Borrower is the mortgagor under this Security lnstrumeol.


11
(C) 1.ender" is
National City Mortgage a division of
National City Ban.k of J:ndiana
Lend.er is a National &mld.ng Alllaoeiation
organiz.ed and existing under the laws of United States

R.ORIDA -Single fami'ly Fannie Ma~ Mae UHlRlRM INSTRUMENT

oCi(FI..)

(0005).01

P-1oll8

VMI' MOFITOAGS FORMS (800)$21'1291

Book20448/Page1328

Page 1 of 17

Lender's address is

3232 Nem11ark Drive, Miamisburg, OB

45342

Lender is the mortgagee under this Security Imtrument.


(D) ''Note" means the promissory note signed by Borrower and dated

Property.

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Hay 2 2 , 2 OO6
The Note states that Borrower owes Lender
'1'DBB BUHDUD NDmTr NDm nous.AND &ii 00/100
Dollars
(U.S. $
3 u, ooo. oo) plw interest. Borrower bas promised to pay this debt in regular Periodic
Payments and to pay lhe debt in full not later than
June 1, 2021
(E) "Property" means the property that is described below under the heading RTransfer of Rights in the

"Loan" means the debt evidenced by the Note, plus interest. any prepayment charges and Late charges
due under the Note, and all 8lllDS due under this Security lmtrument, plus interest.
(G) ''Riders" means all Riders to this Security Instrument that a.re executed by Borrower. The following
Riders a.re to be executed by Borrower [check box as applicable]:
(F)

E3

Ad~table Rate Rider


Balloon Rider
VA Rider

D
D
D

Comk>minium Rider
Planned Unit Developmem Rider
Biweekly Payment Rider

D
D
D

Second Home Rider


1-4 Family Rider

Other(s) (specify]

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(H) "Applicable Law'' means all conttolling applicable federal, state and local statutes, regulations,
ordi.nam:es and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinlom.
(I) "Comnumity ~on Dues, Fees, and ~" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association. homeowners
association or similar organization.
(J) "Eledronlc Funds Transfer" means any transfer of funds, other than a tran.saction originated by check.
draft, or similar paper instrument. which is initiated through an electronic temllnal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
acooum. Such tetm includes, but is not limited to, point-of-sale transfers, a1rtnmated teller machiml
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(IQ "Escrow Items" means those items that are described in Section 3.
(L) "Mmllaneom Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third pany (other than insurance proceeds paid under the coverages described in Section S) for: (l)
damage to, or destruction of, the Property; (u) condemnation or other.taking of all or any part of the Property;
(ill) conveyance in lieu of condemnation; or (iv) misrepresentatiom of, or omissions as to, the value and/or
condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (l) principal and lntelest under the
Note, plus (ti) any amounts uruier Section 3 of this Security lmtrument.

P"IJ82ol16

Book20448/Page1329

Page 2of17

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TRANSFER OF RIGHTS IN TIIE PROPERTY

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(0) ''RESPA" means the Real &tate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
Implementing regul.atlon, Regulation X (24 C.F.R.. Part 3500), as they might be amended from time to time,
or any additional or successor Iegislalion or regulation that governs the same subject matter. As used in this
Security Instrument, "RP.SPA" refers to all requirements and restrictions 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 RBSPA.
(P) "Sua:essor In ~ of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Inmument.

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This Security lnsmnnem secures to Lender: (i) the repayment of the Loan. and all renewals, extensions and
modifications of the Note; and (Ii) the performance of Borrower's covenants and ageements under this
Security Instrument and the Note. For this pmpose, Borrower does hereby mortgage, grant and convey to
Lender, the following described property located in the County
(Type ofRJ:wrding Jurisdiction)
of Palm Beach
(Name of Recording Jurisdiction):

Pan:e1 ID Number: 09099

which currently has the address of

ISCreBI

525 S COUNTRY CLUB DRIVE,


.l\TLJWTXS

(Cay), Florida

33462

(Zip Code)

("Property Addressj:

TOGETHER WITH all the improvemems now or hereafter erected on the property, and all easements,
appm1enances, and fixtures now or htreafu:r a part of the property. All repJacemems and additions shall also
be covered by this Security Ins1roment. All of the foregoing is referred to in this Security Instrument as the
"Property."

Book20448/Page1330

Page 3of17

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BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and lw
the right to mortgage, grant and convey the Property and that the Property is uneru:umbered. except for
encumbrances of n:cord. 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 combines unifom covenants for national use and non-unifonn
covenants with limited variations by jurisdiction to conrntute a uni.form security imtrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Prindpal, hneres4 &crow Iteuw, Prepayment Oiarges. and Late ~
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for ~w Items
pursuam to Section 3. Payments due under the Note and this Security Imtrument shall be ma.de in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may .require that any or all subsequent payments
due under the Note and this Security Instrument be ma.de in one or more of the following fonns, as selected
by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check.
provided any such check is drawn upon an instilulion whose deposits are insured by a federal agency,
instruuHmlality, or entity; or (d) Electronic Funds Transfer.
Payments 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 ts.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring
the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan cum:m. If
Borrower does oot do so within a reasonable period of time, Lender shall either apply such funds or return
!hem to Borrower. If oot applied earlier, such funds will be applied to the outstanding principal balance under
the Note Immediately prior to foreclosure. No otrset or claim which Borrower might have now or in the
future against Lender shall relieve Borrower from making payments due under the Note and this Security
Instrument or pc:rfomtlng the covenants and agreements secured by this Security Instrument.
2. Applkation or Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the fullowing order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such paymems shall be applied to
each Periodic Payment in the order in which it became due. Any remaining anwunts 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 delinquem Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanrling, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in

Book20448/Page1331

Page 4of17

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full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such exress may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as <b'cribed in the Note.
Any application of payments, lmurance p~. or Miscellanoous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amouni, of the Periodic Payments.
3. Funm for &crow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the Pundsj to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender uodec Section .S; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "&crow Items." At origination or at any
time during the tenn of the Loan, Lender may require that Community Association Dues, Fees, and
ABsessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items 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 Items at any lime. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evi<iencin& such
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
J.ostrument. as the phrase covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item.
Lender may exercise its rights under Section 9 and pay such amoun1 and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waivec as to any or all Escrow
Items at any time by a D01ice given in accordance with Section IS and, upon such revocation.. Borrower shall
pay to Lender all Punds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pemlit Lender to apply
the funds at the ti.me specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of funds due on the basis of cu.rrenl data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an i.nsfiluJion whose deposits are insured by a federal asency, imtrumen1ality.
or entity (lncludiDg Lender, if Lender is an institution whose deposits are so insured) or in any Pedenl Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower fur holding and applying the Funds, annually analyzing the
escrow account. or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and
Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing or Applicable
Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or
earnings on the funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the
Funds. Lender shall give to Borrower, without charge, an ammal accounting of the Funds as required by
RESPA.

Book20448/Page1332

Page 5of17

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If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with ~A. If there is a shortage of Punds held in escrow, as
defined under RESPA, Lender shall nntify Borrower as required by RESPA. and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance wilh RESPA, but in DD more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than 12 momhly payments.
Upon payment in full of all swm secured by this Security lnstrumellt, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. 0i.arges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument. ~ld paymentS or
ground rems on the Property, if any, and c.onmnmity Association Dues, Pees, and Assessmenl8, if any. To the
extent th.at these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those pfOC1'.Cdings are pending, but only until such proceedings are concluded;
or (c) secures from the holdef" of the lien an agreement satisfactory to Lender suborrlinating the lien to this
Security Instrument. If Lender c:letermines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument, Lender may give Borrower a nntlce identifying the lien. Within 10
days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
S. Property lmuram:e. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insuranre. 'Ibis
insurance shall be mainrained in the amounts (including deducdble levels) and for the periods that Lender
~- What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insuranoc carrier providing tile insuranoc shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall oot be exerrued unreasonably. Lender may require
Borrower to pay, in connection with this Loan. either: (a) a one-time charge for flood mne determinalion.
certification and tracking services; or (b) a one-time charge for flood zone detennination and certification
services and subsequeut charges each time n-mappings or similar changes occur which reasonably might
affect such detemtination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Fed.eraJ Emergency Management Agency in connection with the review of any flood zone
detenninali.on resulting from an objection by Borrower.
If Borrower fails to maimain any of the coverages described above, Lender may obtain insurance
coverage, at I.ender's option and Borrower's expeme. Lender is under no obligation to pun:hase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard

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or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Bonower could have obtained. Any amounts disbursed by Lender under this Section S shall
become additional debt of Borrower secured by this Security lnstnnnen1. These amowtts shall bear interest at
the Note rate from the date of disbursement and shall be payable, wilh such interest, upon notice from Lender
to Borrower requesting payment.
All insmance policies requin:d by Lendez and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. H Lender iequires, Borrower shall promptly give to Lender all .receipts of paid premiums and
renewal notices. If Borrower obtains any fmm of imurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
malce proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any imurance proceeds, whether or not the underlying insurance was requin:d by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened.. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender bas bad an opportunity to inspect such Property to enmre the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disbune proceeds for the repairs and restoration in a single payment or in a series of progress
paymen!S as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insmance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole oblisation of Borrower. If the restoration or repair is
not economlcally feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the sums secured by this Security Instrument. whether or not then due, wilh the excess, if any, paid to
B<>rrower. Such insurance proceeds shall be applied in the Older provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. H Borrower does not respond within 30 days to a notire from Lender that the insurance
carrier bas offered to settle a claim., then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrumem, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Propeny, insof.ar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the
Nole or this Security Instrument, whether or not then due.
6. Occupancy. Bonowcr shall occupy, establish, and~ the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and &hall conlimJe to occupy the Property as
B<>rrower's principal .residence for at least one year after the date of OCQlj>3JICY, unless Lender otherwise

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agrees in wriling, which coment shall not be U11reaSOnably withheld, or unless extenuating circumstances
exist which are beyond Borrower's control.
7. Presenatton, Maintenance and Protection of the Property; Imped.Ions. Borrower shall not
destroy, damage or Impair' the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from detJ:riorating or decreasiDg in value due to Its condition. Unless it is determined pursuam to
Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. If insuranre or condemnation proceeds are paid In
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender bas released proceeds fur such purposes. Lender may disburse proceeds
fur the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and impecti.ons of the Property. If it bas
reasonable cause, Lender may Inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection wilh the Loan. Material representations include, but
are not limited to, representations com:emlng Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest In the Property and Rights Under Uds Seauity IM1rumem. If
(a) Borrower f.ails to perform the covenants and agreements contained In this Security Instrument. (b) there is
a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Imtrument (such as a proceeding in bankruptcy, probate, fur condemnation or furreiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower bas abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrumen1., including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
bas priority over this Security Instrumem; (b) appearing in court; and (c) paying reasonable attorneys' fees to
protect its interest In the Property and/or rights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, emering the Property to
mab: repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code vinlations or dangerous conditions, and have utilities turned on or off. Afthou8h
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed lhat Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrwnent. These amounts shall bear interest at the Note rate from the date of

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disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Imtrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mol"tgqe Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortsage Insurance in effect. If, for any ~
the Mortgage Insurance coverage required by Lender ~ to be available from the mortgage imurer that
previ~ly provided such imurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage lmurance, Borrower shall pay the premiums required to obtiln coverage
substantially equivalent to the Mortgage Insurance previou&y in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previotWy in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due when the imurance
coverage ceased to be in effect. Lender will accept. use and retain these payments as a non-refundable loss
reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that
the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings
on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in
the amount and for the period that Lender requires) provided by an insurer selected by Lender again bealmes
available, is obtained, and Lend.er requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage lmurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Imurance, Borrower
shall pay the praniums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss
reserve, until Lender's requirement for Mortgage lmuraDce ends in accordance with any written agreement
between Borrower and Lender providing for such tennination or until termination is required by Applicable
Law. Nothing in this Section 10 affects Borrower's obligation to pay in!erest at the rate provided in the Note.
Mortgage Insurance reimburses Lend.er (or any enlity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage imurers evaluate their total risk on all such imunmce in force from time to time, and may
enter into agreemerus with other parties that share or modify their risk, or reduce losses. These agreements are
on tmns and condiliom that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements, These agreemems may require the mortgage insurer to make payments using any source of funds
that the lll1Jlt8age insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreemenls, Lender, any~ of the Note, another insurer, any reimurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or l.ndirectly) amounts that derive
from (or might be c.baracterized as) a portion of Borrower's payments for Mortgage Imurance, in excbange
for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk In excbange for a share of the premiums paid to the
insurer, the arrangement is often termed captive reinmrance. Further:
(a) Any such ~ will not affect the amounts that Borrower has agreed to pay ror
Mortgage Insurance, or any other tenns of the Loan. Such agreement.s will not ~ the amowJt
Borrower will owe for Mortgage Insurance, and they will not entitle .Borrower to any refund.
(b) Any such agreemenls will not affect the rights Borrower Im - if any - with respect to the
Mortga&e Insurance under the Homeowners Protection Act or 1998 or any other law. These rights may
include the right to receive certaln disclosures, to request and obtain cena:Uathm of the Mol"tgqe
Insurance. to have the Mortgage l.n.sura.nce terminated automatically, and/or to receive a relWld of any
Mortgage lmurance premiwns that were wieamed at the time of sucll cancellat1on or t......,~Inorti

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11. Amgrunmt of Mlscellaneous ~ Forfeiture. All Miscellaneous Proceeds are hereby


assigned to and shall be paid to Lender.
If lhe Property is damaged. such M.i.scellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds unJil
Lender has had an opportunity to inspect such Property to emure the work has been completed to Lender's
saiisfaction, provided that such impeciion shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work. is completed. Unless an
agreemeot is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be .required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is oot economically fuasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the 8UIIlS secured by this Security Instrument, whether or not then due, with the
e:ia:ess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not th.en due, with the excess, if
any, paid to Borrower.
ln the event of a partial taking, des1ruction, or loss in value of the Property in which the fair market
value of the Property Immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial laking,
destruction, or loss in value, unless Borrower and Lender ot.beJwise agree in writing, the sums secured by this
Security Imtrumen1 shall be reduc.ed by the amount of the Miscellanoous Proceeds multiplied by the
following ftaction: (a) lhe total amount of the sums secured immediately before the partial taking, destruction,
or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,
destruction, or loss in value. Any balam:e shall be paid to Borrower.
In the event of a partial rilki.ng, desiruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Secutjty Instrument whether or not the sums are th.en due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower falls
to respond to Lender within 30 days after the date the notice is given. Lender is audwrized to collect and
apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Imtrument. whether or not th.en due. opposing Party" means the third party that owes Borrower
Miscellam:ous Proceeds or the party against whom Borrower has a right of action in regard ro Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal. is begun that. in
Lender's judgment, could result in forfeiture of the Property or other material impairmeru of Lender's interest
in the Property or rights under this Security Imtrument. Borrower can cure such a definllt and, if acceleration
has occurred. reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that. in Lender's judgment. precludes forfeiture of the Property or other material impainnenl of
Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim
for damages that are attnlJUtable to the impairment of Lender's interest in the Property are hereby assigned
and shall be paid to Lender.
All MiScellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Walver. Extension of the time for
payment or modification of amortization of the sums secured by this
'ty lnsirument granted by Lender

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to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be required to commence pmcttdings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Jnstrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower. Any forbearance by Lender in exereising any right or remedy
including, without limitation, Lender's acceptmce of payments from thin1 persons, entities or Successors in
Interest of Borrower or in amounlS less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy.
1.1. Joint and Several Uabllity; Co-Qgners; Successors and ~gm Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and severnl. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signerj: (a) is co-signing this Security
J.nstrument only to mortgage, grant and convey the co-signer's interest in the Property under the tenns of this
Security Instnonent; (b) is not personally obligated to pay the sums secured by this Security lmtrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accmnmodations with regard to the terms of this Security lmlrumellt or the Note without the co-signer's

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Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreemerus of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Cha.rges. Lender may charge Borrower fees for services perfonned in connection with
Borrower's default, for the pmpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be comtrued as a prohibition on the charging of such fee. Lender may not charge .fees
that are expressly prohlbited by this Security lmtrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connoction with the Loan exceed the
pemtltted limits, then: (a) any such loan charge shall be reduced by the amount necessary lo reduce the charge
to the permitted 1.1.mit; and (b) any sums a1rtady collected from Borrower wbich exceeded permitted limits
will be refunded to BorroWet". Lender may choose to make this refund by reducing the principal owed under
the Note or by making a direct payment to Borrower. If a refund reduces prlncipal, the reduction will be
treated as a partial prepayment without any prepayment charge (wbeiher or not a prepaymeDt charge is
provided fur under the Note). Borrower's acceptance of any such refund ma.de by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such oven:harge.
IS. Notices. All notices given by Borrower or Lender in connection with this Security Imtmment must
be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if seru by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lend.er of Borrower's dlange of address. If Lender specifies a procedW'e for reporting Borrower's change of
address, then BoITOWU shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security lnstrumem at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender
has designated another address by ootice lo Borrower. Any notice in connection with this Security lnsUument

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shall not be deemed to have been given to Lender until actually received by Lendet. If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding .requirement under this Security lnstrumenL
16. Govemlng Law; Severablllty; Rules of Construdlon. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitatiom of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contraet or it might be silent. but
such silem:e shall not be constmed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security lnstrumen1 or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security lmtrument or the Note which can be given effect wiJhout the
conflicting provision.
Ju used in this Security lmtrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall ottan and
include the plural and vice versa; and (c) the word may" gives sole discretion without any obligation to take
any action.
17. Borrower's Copy. Borrower shall be given ooe copy of the Note and of this Security Instrumen1.
18. Transfer of the Property or a Beneficial Interest in Borrower. Ju used in this Section 18,
"Interest in the Property means any legal or beneficial interest in the Property, including, but not limited ID,
those beneficial in1erests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natura1 person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
coment, Lender may require immediate payment in full of all Sl.IIDll secured by this Security Imtn.unem.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exereises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section l.S
within whk:h Borrower must pay all sums secured by this Security InsttumeD1. If Borrower fails to pay these
sums prior to the expimion of this period, I.ender may invoke any ttme.dies penni1ted by this Security
Imt.rument without further notice or demand on Borrower.
19. Borrower's Ridt1 to Relnsta1e After Aa:deratfon. If Borrower m.eets certain conditions,
Borrower shall have the righ1 to have en.foicelllen1 of this Security Instrwnem discontinued at any time prior
to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this
Security lnstrumen1; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reimtate; or (c) entty of a judgment enforcing this Security lnstrumenL Those conditions are that
Borrower. (a) pays Lender all ~ which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreemems; (c) pays all
expenses incurred in enforci.llg this Security Instrument, including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees lllcum:d for the pmpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) tab:s such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrumem,

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and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expemes in one or more of the following
forms, as selected by Lew1er. (a)~ (b) money order; (c) certified check, bank check. treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are imured by a federal
agency, instromentality or ennty; or (d) Flectronic Funds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured hereby shall remain fully effective as if no accclerati.on had
occurred. However, this right to reinstate shall not apply in the case of aa:eleration under Section 18.
20. Sale of Note; Change of Loan Servicer, Notice or Grievance. The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or mo.re times without prior notice to Borrower.
A sale might result in a change in the entity (known as the 1..oan Servicer; that collects Periodic Payments
due under the Note and this Security J.mtrument and perlonns other mortgage loan servicing obligations
under the Note, this Security lnstrumem, and Applicable Law. There also might be one or more changes of
the Loan Servicer llllrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written ooti.ce of the change which will state the name and address of the new Loan Servicer, the
address to which payments should be made and any other information RF.SPA requires in connection with a
notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other
than the purchaser of the Note, the mortgage loan servicing obligatiom to Borrower will remain with the
Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser
unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may contDJellCC, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument. until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breacll and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period wbicb. must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Seciion 18 shall be deemed to
satisfy the notice and oppommity to take oorreclive action provisions of this Section 2.0.
21. Hazardom Substances. As used in this Section 21: (a) "Hazardous Substruu::es are thme
subslalll:eS defined as toxic or haz.ardous substances, pollutanls, or wastes by Environmemal Law and the
following substam:es: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials conmining asbestos or fonnaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental. protection; (c) "Environmental Cleanup" includes any respome action,
rc:medi.al action, or removal action, as defint:d in &viromnental Law; and (d) an "&viromnental Condition"
means a condition that can cause, conlribute to, or otherwise trigger an Environmental. Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
SubslaJ!ceS, or threaten to release any Hazardous Substam:es, on or in the Property. Borrowec shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental.

Book20448/Page1340

Page 13of17

Law, (b) which creates an Environment.al Condition., or (c) which, due to the presence, use, or release of a

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Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply t.o the presence, use, or storage on the Property of small quantities of Huardoos
Substances that are generally recognized t.o be appropriate to normal residential mes and to maintenance of
the Property (including, but not limited to, ha1.ardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation., cl.aim. demand, lawsuit or
other action by any governmental or regulatmy agency or private party involving the Property and any
Hazardous Substance or Enviromnental Law of which Borrower has actual knowledge, (b) any
Environmental Condition., including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affecis the value of the Property. If Borrower learns, or is notified by
any govermnent.al or regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is neces.ruy, Borrower shall promptly take all necessary remedla1
actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender fur an
Environmental Cleanup.

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NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acxelerailon; Remedies. Lender shall give notice to Bommer prior to acceleration following
Borrower's breach of any covenant or agreement In this Security Imtrument (but not prior to
aa::derailon under Section 18 unless Applkable Law provides otherwise). The notice shall specify: (a)
the default; (b) the action required to c:me the default; (c) a date, not less than 30 days from the date
the notice Is given to Borrower, by which the default m be cured; and (d) that failure to cure the
default on or before the date f>1Jedfted In the notice may result In acceleration of the sums secured by
this Security lmtrument, foredowre by judidal proceeding and sale of the Property. The notice shall
furtht!r Inform Borrower of the right to reinstate after acceleration and the right to asser1 In the
foredosure proceeding the non-existence of a default or any other defense of Borrower to acceleration
and fored06l!J'e, II the default Is not cured on or before the date specified In the notice, Lender al its
option may require immediate payment In full of all sums secured by this Security Instrument without
furtht!r demand and may foreclose this Security lm1rument by JudJdal proceeding. Lender shall be
entitled to collect all expenses Incurred In pursuing the remedies provided In this Sedion 22, lndudlng.
but not llm1ted to, reasonable attorneys' fees and exists of title mdmc:ie.
23. Releaw. Upon payment of all sums secured by this Security ~ Lender shall releare this
Security Imtrument. Borrower s.hall pay any recordation costs. Lender may charge Borrower a fee for
releasing this Security Imtrument, but only if the fee is paid to a third party fur services rendered and the
charging of the fee is permitted under Appllcable Law.
24. Attorneys' Fees. AJJ used in this Security Imtrumem and the Note, attorneys' fees s.hall include
those awarded by an appellate court and any attorneys' fees incurred in a bankruptcy proceeding.
25 .Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action.,
~. claim., or counlen:lairn. whether in contract or tort, at I.aw or in equity, arising out of or in any

way related to this Security lmtmment or the Note.

, . _ 14ol 18

Book20448/Page1341

Page 14of17

BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenarus contained in this
Security lmtrument and in any Rider executed by Borrower and recorded with iL
Signed, sealed and delivered in the presence of:

-~--=...,,,.--------(Seal)
~
~er

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9'o1111,

~-

(Address)

(Addms)

~-~-~~~--~~~(Seal)

(Addms)

(Address)

~-~~~--~~-~<Seal)
Bom:iwer

~~--~~~-~--~(Seal)
Borrower

(Addn:ss)

(Addms)

~-~~-~--~~~(Seal)
-Borrower

--~----~--~~(Seal)
-llonower

(Addms)

(Addlas)

-Borrower

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~~~~--~---~<Seal)
-Bomiwer

Paoa15ol16

Book20448/Page1342

Page 15of17

~)f() ~

STATEOFFLORIDA.
The foregoing lmtrumem was acknowledged before me this ~

~~

ch.

<hob by
~~L~

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G \e:f'\

mCounty~:

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Noouy Public

Book20448/Page1343

as identification.

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who is personally known to me or who has produced

Page 16of17

L..1ibit"A"

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lot 12, Block 18, of PlAT NO. 11, CITY OF ATLANTIS, FLORIDA. according to the plat thereof on file in the Office of the Cleric of the
Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 30, Page 66.

Book20448/Page1344

Page 17of17

0004654399

NOTE

PLAINTIFF'S COMPOSITE EXHIBIT A

May 22, 2006

FLORD::rA

fDa!eJ

[SI.ate)

[CityJ

525 S COUNTRY CLUB DRXVB, ATLANTIS, Florida 33462

t. BORROWER'S PROMJSE TO PAY

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In return for a loan lhat I have received, I promJse to pay U.S.$


l 99, ooo. 00
(this amount is called "Prlncipalj,
plus interest, to the order oflhe Lender. The Lender is
National City Mortgage a division of National City Bank of Indiana

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I will rna1ce all paymelllS under this Note in the form of cash, check or money order.
I understand that the Lender may transrer this Nott. 1111:: Lender ot anyone who takes this Note by trarnfer and who Is entitled
to reteive paymerus under lh.is Nore is called the "Note Holder.
2. INTEREST
Interest will be charged on unpaid principal until the full amowu of Principa.I has been paid. I will pay imerest at a yearly rate
of
5.875
%.
The interest rate required by this Section 2 is the rate I will pay both before and after any def.wl1 described in Section 6(8) of
this Note.

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3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the lat
day of each month beginning on July lat 2006
. I will
rna1ce these paymenlS every month until I have paid all of lite principal and int.crest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of !Is scheduled due daie and will be applied IO imerest before
Principal. If, on June l 20:11
, I still owe amounts under this Note, I will pay those amounts ln full on
that date, which is called the "Marurlly Date."
.
I will make my monthly paym.c:rus at
National City Mortgage Co.
Po Box 176'17, Baltimore, MD 2129'116'17
oratadifferentplacelfrequiredbytheNoteHolder.

ot Monthly Paymems
My monthly payment will be in the amount of U.S.$

(B) Amaunt

3,340,U .

4. BORROWER'S RIGHT TO PREPAY


I have the right to make paymerus of Prlrn;lpal at any lime 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 paymem
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 withom paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amowtt of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to
the arutd and unpaid interest on the Prepaymeru amouru, before applying my Prepayment to reduce die Principal amount of the
Note. If I make a parliaJ Prepayment, there will be no changes in the due dare or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.

S. LOAN CHARGES
If a law, which applies to this loan and which sets max.immn loan charges, is finally interpreted so that lhe interest or olher
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to lhe pennitted limit; and (b) any sums already collected from me
which exceeded pennitted limits will be refunded to me. The Note Holder may choose to roaJre this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, lhe reduction will be treated as
a partial Prepayment

(C) Notice of Default

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date It is due, I will be in default.

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(B) Default
If I do not pay the full amount or each monthly payment on the

6. BORROWER'S FAILURE TO PAY AS REQUIRED


(A) Late Charge ror Overdue Payments
If lhe Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days
aft.er the date it is due, I will pay a late charge to the Note Holder. The amouru of the charge will be
S. 00
% of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.

If 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

certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the
interest that I owe on that amount. That date must be at least 30 days aft.er the date on which
by other~.

the notice Is mailed to me or delivered

(D) No Waiver By Note Holder

Even If, at a time when I am in default, the Note Holder <Ines not require me to pay immediately In full as described above,
the Note Holder will still have the right to do so If I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses

If I.he Note Holder has required me to pay immediately in full as ~cribed above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.

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7. GIVING OF NOTICES
Unless applicable law requires a di.ffereni method. any notice that must be given to me Wider this Note will be given by
delivering it or by mailing it by first class mail to me at lhe Property Address above or at a different address if I give the Note

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Holder a notice of my dlfferem address.


Any notice that must be given lo the Note Holder under this Note will be given by delivering It or by mailing it by first class
mail to lhe 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 THIS NOTE
If more than one person signs this Noie, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amoum owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these dtllliS. Any person who takes over these obligatlons, including the obligations of a guararuor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights Wider
this Note against each person individually or agaimt all or us together. This means that any one of us may be required to pay all or
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.
"Presentrneru" means the right to require die Note Holder to demand payment of amoums due. "Notice of Dishonor" m.eans I.he
right to require the Note Holder to give notice to other persons that amounts due have not been paid.

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10. UNIFORM SECURED NOTE


This Note Is a unifonn instrument with limited variations in some jurisdictions. In addition co the protections given to lhe
Note Holder under this Note, a Mortgage, Deed of Trust, or Securiry Deed (the "Securiry Instrument"), dated the same date as lhis
Nore, protects the Note Holder from possible losses which migbl result If 1 do not keep the promises which I make in lhis Note.
That Security lmrrument describes how and under what conditions ( may be required 10 make immediate payment in full of all
amounts r owe under this Note. Some of those conditions are described as follows:
If all or any pan of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural perron and a beneficial interest ln Borrower is sold or transferred) without Lender's prior wriuen coment,
l.endec may require immediate payment in full of all sums secured by this Security Instrument. However, lhis
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Leruler shall give Borrower notice of acceleration. The ooticc shall provide
a period of not less than 30 days from the date the notice Is given in accordance with Section IS wilhin which
Borrower must pay all sums secured by this Security ln.nrumem. fr Borrower fails to pay these swns prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
IJOl.lce or demand on Borrower.

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11. DOCUMENTARY TAX

The state documentary tax due on this NOie has been paid on the mortgage securing this Indebtedness.

~~~~~~~~~~~~~~<Seal)

.BomJwet

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~~~~~~~~~~~~~~--~cal)
-llomnrer

~~~~~~~~~~~~~~-(Seal)

Bom>wet

~~~~~~~~~~~~~~-<Seal)

~~~~~~~~~~~~~~-<Seal)

.llomlwef

-Bonowet

/Sign Original Only/

fom'I mo 1/01

0004654399

NOTE
A'l'LIUITIS

Kay 22. 2006

S 2 S S COt7llT'll1' CLUB Z>IUW, ATLllll'fXS, Pl oriel.a ll 4 6 2

I c, this to be a

I. BORROWER'S PROMISE TO PAY


lo relUlll ror a loan tliat I have received. I promise to pay U.S.$
plus inrerest, to the ordu of the lendet. Tile I.ender b

l'LOIU>V\

V ..P.TIFIED CO~t

(CCyJ

ll>alJ

)99, ooo. 00

e py of the
n maJ

(this lll10llJ1l 15 called "Pnncipal").

National City Mort:gage a divi9iO!l of Rati01Ull City Bank of Indiana

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I will mate all paymf211S ~ lhls Note in the limn of cam, cl!fck or l!l!llll:Y order.
I Ullderstand lb.ti the l..mkr may inmrer lhl.I Note. The l..mler or anyone who lakes lhil Note by transfu and who Is eruilled
to receivi: paymaus under this NO!ll Is calltd dle "NOil: Holder.
l. INTER.l!'Sr
lnletest will be charged on unpaid principal until the full 8100lllll of PriDdpal has been paid. I will pay intemt at a yearly rue

or

s.&75

1111.

The llilmst !ale teqll1ml by lhls SUon 2 is dle rue I will pay bath before ml llftes' any dtfaull ~ In Section 6(11) of

this Note.
J. PAYMENTS

(A) Time and Place ol Payments


I will pay principal and Interest by makilJ8 a paymem every mandl.
I will make my momhly paymem on !he lat:
clay ofeadl ll10lllh beginnin,g on July 1111t 200&
. I will
make ll:!ae pa)'1111:111S every IDOlllb until I have paid all of !he principal and lll!m:$I and any oilier charges c!csaibed below thal I
may owe under lhls Note. Bach momhly pa)'l!Wll will be applied as of iU sdlt:dul.ed due dare and will be applied to interest belim:
J>rilldpal. If, on June 1 2021
, I 5lilJ owe amounts undl:r lhls Mote, I will pay duise iUllOWllJ in fuU on
tbat dam, ""1lcll is c:alled the "Maturity Date.
I will make my momhly pa)'lllenll at
Naticmal. City Nort:gage Co.
P 0 Box 17677, Baltimoz:e, Ill> 21297 1677
or 81 a clif!'mm place if requlml by dle Nou: Holdi:r.

(B) Amoun1 of Monthly l'apneots


My lllOlllhly paymem will be In lhe amoum of U.S.$

J,Uo.11.

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4. BORROWER'S RJGm' TO PREPAY


I have the ri&hJ ID mm pa)'llleulS of Principal at any time before they a.re clue. A paJlllClll or l'rtlldpal only u tnown as a
"Plqlaymttll.. When I mm a Prepaymatt. I will WI the ~ Holder in wrl!1113 Iha! l am doing so. I may lllll dr:slgDale a pa}'lllelll
as a Prepaymm U I bavo:: ll!ll ID3de all the ll10lllhly paymam; due tmdoi- the Note.
I may make a fUll l'tepajl'.Dlllll or paniJI l'tepaymenll wilboul paying a l'tepaymmt charge. The Nale Holib' will use my
l'tepaYiJlfllllll to reduce die 8IDO\llll of l'rllldpal tb&l I owe
Ibis Note.~. the Note Holdtt lll&Y apply my l'lqlaymem to
the accrued and wqiaid lmttest on Ille Prqiaymwi llllllWll. before applj!Ds my f'rqJa)'Illl:l! to Rdul:e die l'rllldpal amawu of the
NOCll. If I mali:e a partial PrqJaymem, there will be oo c:hmges in thc clue dlll: or In !he lll1lOWJI of my momhly pa)'IIWll unJm the
Note Holda' 381\'Jei In wril1ng ID llwse dw!ges.

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S. LOAN CHARGES
tr a bw, which~ co this loan and which ms maximum loan clwges, l.s finally ~ ro that lhe inll:rcn OT other
loa.o clwges C<lllcc:ud or ID be colteCtcd in CO!lllfClioo with this loan exreed the permlux:d Umils, then: {a) any rucl! loan dwge
shall be reduced by die amowu oeussaiy co reduce die charge ro Ille permlux:d llmit: and (b) any S1ll1IS already c:olltcted from me
wltich exceeded pennlued llmlts will be refunded ID me. The Note Holder may choose co maJr.e this refund by reducing lhe
Principal I owe WldEr chis Note or by making a direa paymem ro me. If a refund n:duces Prim:lpal, the redui:tlon will be ueated as
apmlal~

6. BORROWER'S FAILURll: TO PAY AS REQUIR.IID


(A) Late Charge ror <hwdw! Paymems
tr !be Note Holder has not rm!ivfd lbe full amoum of any monthly pa~ by the end or 15
calendar days
after lhe dale 111.s due, I will pay a late charge ro Ille Note Holder. The amowu of the dwge will be
5 .oo
% of
my overdue pa)'lllenl of principal a.ad intt::real. I will pay llW late dwge promptly but only once on each late paymem.

(C) Notice

of~

lllOIUhly paymt:111 on dLe dale it is due, I will be in defau!L

or Default

tr I 8111 In default, the NOie Holdet may send me a written nofu:>e Idling me Iha! if I do llOI pay

(B) Default
If I do 110C pay the full lllllllWll

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the ovcntue amouni by a


cenaln dale, tbe Noo: Holder lll3Y require me to pay ~ the fu1I amoum of Principal lllbJdl has not been paid and all the
illtell:$! Iha! I owe on dm amoum. 1bm d3te must be al leasl 30 days att.er die dare Oii wblch tile oolil:e ls malled t.o me or delivered
by otlrtt means.
(D) No Waiver By Note Holder
Even II, al a time ~ I am In defllllll. lhe Note Holdu does llDt require me to
tile Noie Ila& Will llil.I have c:be rigllt ID do so 111 llDI ill d!:faull at a later lime.

pay

~Y

in f\Jll as demibed above,

(E) P&ymalt of Note Hllldu's emu ond ~


u Ille Note Holder Im ~ me co pay immediately in full as cl=ribo:d above, die Nore Holda" will have Ille right ID

paid back by me for a.II of JU c:osu and c:.peo$CS In Cll!orciD& this Noa: ID lhe
~ ior:lude, for example, reasonablfl ll!tOl1leyS' fees.

ex1e111 not

be

prohihiled by applialbte law. Those

1. GIVING OF NOTICES
u~ applli:ablc law ~ a d.iffemll llll:lhod. 8117 llOlice lhll1 must be given II> me wlda lhl.s Nate will be given by
dellverin3 II or by maillDB It by llnt c:l&ss mail ID me at the Propmy Address above OT al a diffi:mn addres:i If I gl\'C lhe NOie
Holder a llOtice or my diffi:mlt addnss.
Any oolit:e that lllllSt be given ID die Nore Holder umles" dlis Note will be given by dellva!ng ii or by malliDa It by 6.rst class
mail 11> d!i: Noo: Uohlcr 21 lhl: address l!2ttd ID Section l(A) above or ai a di.ffmllJI address 111 am given a oolite of thaJ different

ad.dress.

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8. OBUGATIONS OF PERSONS UNDER THIS NOTH


.
U more llwl Oil!: pemm ligm tills Note, e:acb penon ls f\Jlly a.nd pemmally obligaled to l:ep all of die promises ~ in chis
Noie, lnclwll/li the promise ID pay die JiJlJ amoom Ol!ll!d. Any pemm who Is a gmramor, rumy or mlorser or this Note Is also
obligated to do lhese d!lngs. Any pen10!l who lak2s over die:se obligations, Including die obliga1lonj of a guaranwr, 1urety or
c:ndaner or lhlJ NO!!:, ls also~ IO l:ep all of Ille promises made in !his Note. The NO!!: Hol<b may eufon:e ill rigbl3 under
dds Nm ll,llllmt each JICl'SllD lndlvldually or againsl an of m IDgl\illler. T!lis l!lfallS Iha! any one of us may be required ID pay all of
Che 111MU11!S owed Ulldl:r 11111 Note.
ll. WAIVERS
I and any Olba' pe1S011 wllo has obllgations llllder this Nale waive the rigbl3 of ~ and No!il:e or Dishonor.
~ =m die rlgtn to require Ille Noa: Hlllcb' to dmwld paymem of llJil1NJllS due. "tloda: of Disbam>r" meaas Ille
rigllt ID require the Nore Holder IO ~ lllldte IO om.:r pmons dial lllll01lDIS due have 1111( been paid.

10. llNIFORM SECURED NOTE


This Note Is a unifonn insuwnenl wilh limited variadons ln some jurisdictions. In addition to the prouaions given to the
Note Holdu unda this'Note, a Monpge, Deed of Trust. or Security Deed (die "Security lnstrumtn1"). dated the same dale as lhis
Note, ~ the NOie Holder from possible losses whidl miglll ~ if I do ll01 keq> du: promiles \Vhicb I make in lhis Nou:.
That ~ty lnsuuJnenl dacribes haw and Wider wbal conditiom I may be n:quired to make ilnmcdWe paymeni in full or all
l!l1lOUlllS I owe wmr this Noa:. Same of dUlse (Oll(!jJjons m dtscrlbed as follows:
U all ar any part of the Propeny or
lnr.emt ln die Ptopaty Is sold or rramfemd (or if 11-0rrower i.s 001 a
nalUral pawn and a bencficial interest ln llom>...u is sold or tnlllSCtm:d) without Under's prior wri~ mme!l.I,
lender may n:quire imJm:dia!e paymem in run ol all swns secum! by chis Security lnstnlmerll. However. Ibis
option shall rot be cxen:Ued by Leodet If such c:mti.se is prohibited by Appfu;able Law.
U l..elltler emdSes this option, Lender &ball give llorrowcJ Mike of aa:elmlioa. The oollce shall provide
a period of rot lea chan 30 cl.I.ya from the elm the mtil:e Is given in am11dance with Section 13 widlin which
Bonowu lllllS1 pay all IUillS Sl:Qlred by chis SeaJri.ty lnstrumenL U 8om>wer fails to pay 1htse sums prior to the
expir.uion o! thlJ period, Undu may 1mmb: any iemedles ~ by chis Sewrity lnslnllllall withou1 flint=
notice 01 deinaDd on Borrower.

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11. DOCUMENTARY TAX


The swe clocumemaiy 1ax clue on rhJs Note Im been paid on the inongage securin8 lhls ~.

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Page:

RECEIPT

Violation/Docket

Description

Amount

Case: 2009CA037880 - PNC MORTGAGE V GLEN R PEARCE


Party: PNC MORTGAGE A DIVISION OF PNC BANK NA
FEE/LIS PENDENS ($5.60)
CAFF - F3 => $250K
CAFF - F3 => $250K
CAFF - F3 => $250K

Case Total:

Case:
Party:
CAFF - F3 => $250K

5.60
1,906.00
2.50
60.00

1,974.10

6.00

Case Total:

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CHECK RECEIVED GENERAL ACCT

co

Payor: SHAPIRO & FISHMAN LLP


Addr: 4505 WOODLAND CORPORATE BLVD
SUITE 100
TAMPA, FL 33614

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Receipt Number:
DRMB169039
Date: 07-NOV-2009
Cashier:
$SINATRA

PALM BEACH CTY CIR CT JISPROD

6.00

-1. 980 .10

Total Fees:

1,980.10

Total Payment:

1,980.10