Preview
Filing # 14307250 Electronically Filed 06/02/2014 01:04:27 PM.
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR JACKSON COUNTY, FLORIDA.
CIVIL DIVISION
Deutsch Bank National Trust Company, as
Trustee, in Trust for Registered Holders of Long
Beach Mortgage Loan Trust 2006-10, Asset-
Backed Certificates, Series 2006-10
Plaintiff, Case #: 2014-CA-000228
-VS.-
Anthony Smith and Gwendolyn Smith,
Husband and Wife; et al.
rs Defendant(s).
NOTICE OF FILING ORIGINAL LOAN DOCUMENTS
PLAINTIFF, Deutsch Bank National Trust Company, as Trustee, in Trust for
Registered Holders of Long Beach Mortgage Loan Trust 2006-10, Asset-Backed
Certificates, Series 2006-10, hereby gives Notice of Filing of:
1 Original Note
2. Original Mortgage
CERTIFICATE OF SERVICE
J HEREBY CERTIFY that true copies of the above and foregoing Notice of Filing
Original Loan Documents was mailed on this day of INQ, ,2014, by
U.S. Mail and email service if an email address is so listed belowto the following:
Anthony Smith, 4108 Park Place Road, Marianna, FL 32446
Gwendolyn Smith, 4108 Park Place Road, Marianna, FL 32446
Unknown Parties in Possession #1 n/k/a Marleana Smith, 4108 Park Place Road, Marianna, FL
32446
Electronically Filed Jackson Case # 14000228CAAXMX 06/02/2014 12:04:27 PM
Unknown Parties in Possession #2, 4108 Park Place Road, Marianna, FL 32446
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff's counsel
hereby designates its primary email address for the purposes of
email service as: SFGTampaService@logs.com*
SHAPIRO, FISHMAN & GACHE, LLP
Attorneys for Plaintiff
4630 Woodland Corporate Bivd., Ste 100
Tampa, FL 33614
Telephone: (813) 880-8888
Fax: (813) 880-8800
Email: affiartiy @logs.com
IK
\| M0
By:
tin,
( Yd
Kari
FL Bar 9286
Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.
12-242011 FCO1 SPS
» 1XED/ADJUSTABLE RATE NOTE
(LIBOR Index - Rate Caps)
MIN: 1003316-0000365762-9 Loan Number:
THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED RATE TO AN ADJUSTABLE INTEREST
RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE RATE CAN CHANGE AT ANY ONE
TIME AND THE MAXIMUM RATE | MUST PAY.
“ULY 19, 2006 IRVINE CALIFORNIA
[Date] [Cityt [State]
C
4208 PARK PLACE RD., MARIANNA, FLORIDA 32446
[Property Adiiress]
L BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S, $ 171,000.00 (this amount
is called
principal”), plus interest, to the order of the Lender. The Lenderis SOLSTICE CAPITAL GROUP INC., A
CALIFORNIA CORPORATION
J understand that the Lender may transfer this Note. ‘The Lender or anyone who takes this Note hy transfer and who is entitled
to recetve payments under this Note is called the “Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly
rateof = 750%, The interest rate I will pay may in accordance with Section 4 of this Note.
‘The interest
rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any
default described in Seodon ‘7{B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
Iwill make my monthly payments on the first day of each month on SEPTEMBER 1 2006
I will make these payments every month until I have pald all of the principal and interest and any other charges described
below that I ‘owe under this Note. My monthly payments will be applied to interest before principal. If, on
AUGUST 1, 2036 , [still owe amounts under this Note, I will pay those amounts in full on that
date, which is called the "Maturity Date.
Iwill make paymentsat 17461 DERIAN AVENUE SUITE 200, IRVINE,
CALIFORNIA 92614
or at a different place if required by the Note Holder.
(8) Amount of My Initial Monthly
Each of my initial monthly payments will be in the amount of U.S $ 1,345.26 ‘This amount may
(©) Monthly Payment Changes
Changes in my monthly payment will reflect changes In the unpaid principal of my loan and in the interest rate that I must
pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with
Section 4 of this Note.
4, ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
ac Dates
‘The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of
AUGUST 1, 2011 . and on that day every 6th month thereafter. Each date on whichmy
adjustable interest rate could change is called a “Change Date."
(B) The Index
Beginaing with the first Change Date, my interest rate will be based on an Index. The “Index” is the average of the
London interbank offered rates for six month dollar deposits in the London market based on quotations at five major banks
¢‘LIBOR"), as set forthin the “Money Rates” section of The Wall Street Journal, or if the Money Rates section ceases to be
Published or becomes unavailable for any reason, then as set forth ina comparable publication selected by the Lender. The most
recent Index figure available as of the date 45 days before each Change Date is called the “Current Index.”
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information.
The Note Holder will give me notice of this choice.
(©) Calculation of Cha
Before each Change Date, the Note Holder will calculate my new interest rate by adding FIVE AND 630/1000
Percentage point(s) 5.630 %) to the Current
Index. The Note Holder will then round the result of this addition to the nearest one-elghth of one percentage point (0.125%)
Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate untit the next Change Date.
‘The Note Holder will then determine the amount of the monthly payment that would be sufficient lo repay the unpaid
principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal
payments. The result of this calculation will be the new amount of my monthly payment
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 11.750 % or less than
8.750 %. Thereafter, my adjustable interest rate will never be increased or decreased on
Date by more
than ONE AND 000/1900 percentage polnts ( 1.000 9%)
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - BOR
Page 1 of 3
4140265 (neos) \VMP Mortgage Solutions, Ine.
Us
‘from the rate of interest I have been paying for the preceding 6 months. My Interest rate will never be greater than 14.750%,
‘which is called the "Maximum Rate” or lets than 8.750% which is called the "Miniomm
@) Ritective Date of Changes
My new interest rate will become effective on each Change Dato. I will pay the amount of my new monthly payment
‘beginning on the frst moathly payment date ater the Change Dats until the amount of my monihly payment changes again.
Notice of Changes
‘The Note Holder will deliver or mail ¢o me a notice of any changes in my adjustable interest rate and the amount of my
roonthiy payment before the effective date of any change, The notice will include information required by-!aw (0 be given me
‘nui also the title and telephone number of a person who will answer any question [may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
T aave the right to omke payments of Principat at any time before they are doe. A prepayment of all of the unpaid
principal ia known as “Pull Prepayment." A prepaymentof ast of the unpaid principal is known as a "Purtial
Prepayment.
Except as provided below, ! may make a Pall or Partial Prepayment at any time. If I make a Fall Prepayment, I maybe
changed 2 fee as follows:
If Note Holder receives a on or before the frst anniversary of the date of the Note, the prepeyment fe
stall be equal t¢THREE poromat (3.000 %) of te original lom amount. If Note Holder receives a Fall Prepayment after
the first anniversary but om or before the. rasvesuy oho ano ho Net geet lbeTMOpen
(2.000 %) of the original Joan amount, Sf Note Holder receives a Pull
‘before the third soniversary of the date of the Note, the prepayment fee shall be T/A monet
ve N/A) of be orga
Joan ammount. prepayment of the Note shillbe
Wien Tan's Pu of Poa Propane U wil soy he Note Hole 1 went Cam dig 0
Prepayment of principal shail be applied to interest accrued oa the amount prepaid and then to the principal batance of the Note
‘which shall not reduce the amount of ‘installmentsof principal and (until reamortlzed as set forth in the Note at
the next Payment Change Date) not relieve mie of the obligation to make the installments each and every month tual the Note ia
paid in full. Parti Prepaymnents shalt have ao effect upoo the due dates or the amounts of my monthly payments unless the
Note Holder agrees ia writing to such
6. LOAN:
If alaw, which applies to this loan and which sets maxinsum Joan charges, is finally interpreted so that the interest or other
Joan charges collected or to be collected in connection with this loan exceed the permnited tims, then: (3) any such Loss charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from
me that exceeded permitted limits will be refunded to me, The Note Holder may choose to make this cefimd by reducing the
principal I awe under this Note or by making a direct payment to me, If refund reduces principal, the seduction will be treated.
as a partial prepayment.
1. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late for Overdue:
If the Note Holder has not received the full amount of say monthly payment by the end of 15
esleadar days after the date it is due, I will pay a lato charge to the Note Holder. The smount of the charge will be
5.000 % of my overdue payment of principal and interest, 1 wil pay this late charpe prompdy
Dut only once on each Inte payraeat.
TE1 do not pay the full aouar of each monthly payment on the dats it s duc, I will be in deft,
(©) Notice of Default
IfT am in defanlt, the Note Holder may send me a writen notice telling me that if I do not pay the overdue amount by «
certain date, the Note Holder muy require me to pay inamediately the fell amouat of principal chat has not been paid and all the
interest that I owe on that amount. That date mmot be at least 30 days after the date oa which the notice is delivered or mailed to
me.
(D) No Waiver by Note Holder
‘Bven if, at a time when I am im default, the Note Holder docs not require me to pay immediately in full a2 described
above, the Note Holder will sill have the right to do 30 if 1 am in default at later time.
(E) Payment of Note Holder’s Costs and
I the Note Holder bas required me to pay immediately in full as described shove, the Note Holder will have the right 0
be paid back by me for afl of its costs and expenses in enforcing this Note to the extent uot probibited by applicable law. Those
expenses include, for example, reasonable attorneys’ fees,
8. GIVING OF NOTICES
‘Uniess applicable law requires a different method, any notice that must be given to me under this Note will be givea by
Aelivering itor by musing it by first class mail to me atthe Property Address above or at adiffreot address if I give the Note
Holder a notice of my different address.
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will
be given by muviling ft by first cisss mail to the Note Halder at the address stated in Section 3(A) above or at a different
if Tam given a notice of that different
[NULTISTATE FLXED/ADJUSTABLE
RATE WOTE - UIBOR,
4140286 eos, Petes
(asin
a. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than ane person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who Is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person Individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
10. WAIVERS
J and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
“Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor”
means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
1k. UNIFORM SECURED NOTE
This Note is a uniform instrument with Simlted variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses that might result if I do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full
of all amounts 1 owe under this Note, Some of those conditions are described as follows:
(A) Until my initial fixed rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform
Covenant 17 of the Security Instrument provides as follows:
‘Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrawer
is not
a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in
full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if
exercise is prohibited by federal law as of the date of this Security Instrument,
If Lender exercises
this option, Lender shall give Borrower notice of acceleration. The notice
shall provide
a period of not less ihan 30 days from the date the notice is delivered or mailed within which Borrower must pay
all sums secured by this Security Insirament. If Borrower fails to pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand
on Borrower,
(B) When my iniilal fixed interest rate changes (o an adjustable interest rate under the terms stated in Section 4 above, Uniform
Covenant 17 of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and Uniform Covenant
17 of the Security Instrument shall instead provide as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it Is sold or transferred (or If a beneficial interest in Borrower is sald or transferred and Borrower is not
a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in
full of all sums secured by this Instrument, However, this option shall not be exercised by Lender if
exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this
option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended
transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's
security will not be impaired by the Ioan assumption and that the risk of a breach of any covenant or agreement in
this Security Instrument is acceptable to Lender.
To the extent permitied by applicable law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption, Lender may also require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note
and in this Security Instrument. Borrower will continue to be obligated under the Note and Security Instrument
unless Lender releases Borrower in writing.
Tf Lender exercises
the option to require immediate payment in full, 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 delivered or
mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal)
-Borrawer Borrower
Seal}
-Borrawer Borrower
[Sign Original Only]
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - UBOR
4140266 0005) Page 3.0f 3
Usa the,
Pay t the der of
Bank
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ALLONGE TO PROMISSORY NOTE
Without recourse pay to the ord RGHINGTON MUTUAL Bang
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BY:
Shaun Abbott, Funting Manager
Name: Shaun Abbott
Title: Funding Manage:
Company: Solstice Capital Group Inc., A California Corporatio
Loan: 365762
Note Date: 07/19/2006
Borrower Name(s): Anthony Smith
Borrower Address: 4108 Park Place Rd
Marianna, FL 32446
Loan Amount: $171,000.00
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Prepared by & Hern to: Venmuy can,
TransContinental Title Co.
4033 Tampa Ra Suite 104
oR 1096
Pc 0646
Oldsmar, FL 34677 f “
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800-225-7897
by ‘
SOLSTICE CAPITAL GROUP I . Inst No: 2006012960 Date:08/02/2006 Time: 18:36
17461 DERIAN AVENUE SUITE \@00 Intang. Taxt+ .
IRVINE, CALIFORNIA 92614 Doe Sti Mort : 598.50
Loan Number: 365762 DALE RABI GUTHRIE, JACKSON County
“TSl44yes By: __p.c. B:1096P: 645
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MORTGAGE
| [Space Above This Line For Recording Date!
MIN: 1003316-0000365762-9
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11
13, 18, 20 and21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated JULY 19, 2006 , together
with all Riders to this document.
(B) "Borrower" is ANTHONY SMITH AND WIFE, GWENDOLYN SMITH
Borrower is the mortgagor under this Security Instrument.
(C) “MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security
Instrument. MERS is or; and existing under the laws of Delaware, and has an address and telephone number
of P.O. Box 2026, Flint, MI. 48501-2026, tel. (888) 679-MERS.
(D) "Lender"“is SOLSTICE CAPITAL GROUP INC
Lender is a CALIFORNIA CORPORATION organized
and existing under the laws of CALIFORNIA
Lender's address is 17461 DERIAN AVENUE SUITE 200, IRVINE, CALIFORNIA
92614
(E) "Note" means the promissory note signed by Borrower and dated JULY 19, 2006
The Note states that Borrower owes Lender ONE HUNDRED SEVENTY-ONE THOUSAND AND
00/100 Dollars (U.S.$ 171,000.00 ) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
AUGUST 1, 2036
®) "Property" means the property that iis described below under the heading "Transfer of Rights in the Property."
ingle Family--Fannie Mae/Freddie Mac UNIFO! RM INSTRUMENT
FLORIDA--Si - MERS. DocMagic CFarmns 800-649.1362
Form 3010 Page 1 of
3010.00
OR 109666. 0647
(G)_ "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower [check box as applicable]:
(X] Adjustable Rate Rider ( Planned Unit Development Rider
(2) Balloon Rider (2) Biweekly Payment Rider
(Q 1-4 Family Rider (C1 Second Home Rider
(1 Condominium Rider (1) Other(s} [specify]
@ “Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
ons.
0) “Community Association Dues, Fees, and Assessments" means all dues, fees, assessmentsand other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
{K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer,
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
a "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to,
destruction of, the Property; (1i) condemnation or other taking of all or any part of the Property; (iii) conveyance in
lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(OQ) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument.
{P} "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument,
"RESPA" 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 RESPA.
(Q) "Successor in Interest 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 Instrument.
FLORIDA-Si ingngle Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS- DocMagic CFarms 800-649-1362
Form 3010 1, Page 2 1
¥13010.mzm
on. 1096Pc 0648
TRANSFER OF RIGHTS IN THE PROPERTY
This Instrument secures to Lender: (!) the repayment of the Loan, and all renewals, extensions and modifications
of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.
For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's
successors and assigns) and to the successors and assigns of MERS, the following described property located in the
COUNTY of JACKSON :
[Type of Recording Jurisdiction} IName of Recording Jurisdiction]
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A",
A.P.N.: 32-5N-10-0000-0140-002D
which currently has the address of 4108 PARK PLACE RD.
[Street]
MARIANNA , Florida 32446 ("Property Address”):
[City] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referredto in this Security Instrument as the "Property."
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrowerin this Security
Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors
and assigns) has the right; to exercise any or all of those interests, including, but not limited to, the right to foreclose
and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling
this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right
to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrament covering real property.
1B le1
FLORIDA--Sit Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic Forme 800-649-1362
Form 3010 1, Page
3 of 15
FISOL0.2000
or 1096 Ps. 0649
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
i. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. 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 Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other
instrament 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 made in
one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such checkis drawn upon an institution whose deposits are insured
by a federal agency, instrumentality, 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 Lenderin accordance with the notice provisions in Section 15. 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 current. If Borrower does not do so within a reasonable period of
time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be
applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset 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 performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the orderin which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount 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 outstanding, 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 full. To the extent that
any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may
be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then
as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments,
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds") 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 under Section 5; 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 "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
FLORIDA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic ERomme 800-649-1362
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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 al] Escrow Items. Lender may waive Borrower's obligation to pay to Lender
Funds for any orall Escrow Items at any time, 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 evidencing such payment
within such time period as Lender may require. Borrower's obligation to make such payments andto provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, 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 amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount.
Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, 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) sufficlent to permit Lender to apply the Funds
at the time 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 current data and reasonable estimates of expenditures
of future Escrow Items or otherwise in 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 Lender is an institution whose deposits are so insured) or in any Federal 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 for 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 permits 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
annual accounting of the Funds as required by RESPA.
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 RESPA. If there is a shortage 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 shortage in accordance with RESPA, but in no 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 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender.
4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to
the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that 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 enforcementof the lien
while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder
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of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a Hien which can attain priority over this Security Instrument,
Lender may give Borrower a notice 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 Borrowerto pay a one-time charge for a real estate tax verification and/or reporting service
used by Lender in connection with this Loan.
5. Property Insurance. 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 insurance. This insurance shall be
maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender
requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing
the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall
not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-
time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of
any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase 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 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 Borrower could have obtained. Any amounts disbursed
by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender 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
Preview
Filing # 14307250 Electronically Filed 06/02/2014 01:04:27 PM. IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR JACKSON COUNTY, FLORIDA. CIVIL DIVISION Deutsch Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-10, Asset- Backed Certificates, Series 2006-10 Plaintiff, Case #: 2014-CA-000228 -VS.- Anthony Smith and Gwendolyn Smith, Husband and Wife; et al. rs Defendant(s). NOTICE OF FILING ORIGINAL LOAN DOCUMENTS PLAINTIFF, Deutsch Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-10, Asset-Backed Certificates, Series 2006-10, hereby gives Notice of Filing of: 1 Original Note 2. Original Mortgage CERTIFICATE OF SERVICE J HEREBY CERTIFY that true copies of the above and foregoing Notice of Filing Original Loan Documents was mailed on this day of INQ, ,2014, by U.S. Mail and email service if an email address is so listed belowto the following: Anthony Smith, 4108 Park Place Road, Marianna, FL 32446 Gwendolyn Smith, 4108 Park Place Road, Marianna, FL 32446 Unknown Parties in Possession #1 n/k/a Marleana Smith, 4108 Park Place Road, Marianna, FL 32446 Electronically Filed Jackson Case # 14000228CAAXMX 06/02/2014 12:04:27 PM Unknown Parties in Possession #2, 4108 Park Place Road, Marianna, FL 32446 *Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff's counsel hereby designates its primary email address for the purposes of email service as: SFGTampaService@logs.com* SHAPIRO, FISHMAN & GACHE, LLP Attorneys for Plaintiff 4630 Woodland Corporate Bivd., Ste 100 Tampa, FL 33614 Telephone: (813) 880-8888 Fax: (813) 880-8800 Email: affiartiy @logs.com IK \| M0 By: tin, ( Yd Kari FL Bar 9286 Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt collector and any information obtained may be used for that purpose. 12-242011 FCO1 SPS » 1XED/ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) MIN: 1003316-0000365762-9 Loan Number: THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE | MUST PAY. “ULY 19, 2006 IRVINE CALIFORNIA [Date] [Cityt [State] C 4208 PARK PLACE RD., MARIANNA, FLORIDA 32446 [Property Adiiress] L BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S, $ 171,000.00 (this amount is called principal”), plus interest, to the order of the Lender. The Lenderis SOLSTICE CAPITAL GROUP INC., A CALIFORNIA CORPORATION J understand that the Lender may transfer this Note. ‘The Lender or anyone who takes this Note hy transfer and who is entitled to recetve payments under this Note is called the “Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rateof = 750%, The interest rate I will pay may in accordance with Section 4 of this Note. ‘The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Seodon ‘7{B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. Iwill make my monthly payments on the first day of each month on SEPTEMBER 1 2006 I will make these payments every month until I have pald all of the principal and interest and any other charges described below that I ‘owe under this Note. My monthly payments will be applied to interest before principal. If, on AUGUST 1, 2036 , [still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date. Iwill make paymentsat 17461 DERIAN AVENUE SUITE 200, IRVINE, CALIFORNIA 92614 or at a different place if required by the Note Holder. (8) Amount of My Initial Monthly Each of my initial monthly payments will be in the amount of U.S $ 1,345.26 ‘This amount may (©) Monthly Payment Changes Changes in my monthly payment will reflect changes In the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4, ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES ac Dates ‘The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of AUGUST 1, 2011 . and on that day every 6th month thereafter. Each date on whichmy adjustable interest rate could change is called a “Change Date." (B) The Index Beginaing with the first Change Date, my interest rate will be based on an Index. The “Index” is the average of the London interbank offered rates for six month dollar deposits in the London market based on quotations at five major banks ¢‘LIBOR"), as set forthin the “Money Rates” section of The Wall Street Journal, or if the Money Rates section ceases to be Published or becomes unavailable for any reason, then as set forth ina comparable publication selected by the Lender. The most recent Index figure available as of the date 45 days before each Change Date is called the “Current Index.” If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (©) Calculation of Cha Before each Change Date, the Note Holder will calculate my new interest rate by adding FIVE AND 630/1000 Percentage point(s) 5.630 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-elghth of one percentage point (0.125%) Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate untit the next Change Date. ‘The Note Holder will then determine the amount of the monthly payment that would be sufficient lo repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.750 % or less than 8.750 %. Thereafter, my adjustable interest rate will never be increased or decreased on Date by more than ONE AND 000/1900 percentage polnts ( 1.000 9%) MULTISTATE FIXED/ADJUSTABLE RATE NOTE - BOR Page 1 of 3 4140265 (neos) \VMP Mortgage Solutions, Ine. Us ‘from the rate of interest I have been paying for the preceding 6 months. My Interest rate will never be greater than 14.750%, ‘which is called the "Maximum Rate” or lets than 8.750% which is called the "Miniomm @) Ritective Date of Changes My new interest rate will become effective on each Change Dato. I will pay the amount of my new monthly payment ‘beginning on the frst moathly payment date ater the Change Dats until the amount of my monihly payment changes again. Notice of Changes ‘The Note Holder will deliver or mail ¢o me a notice of any changes in my adjustable interest rate and the amount of my roonthiy payment before the effective date of any change, The notice will include information required by-!aw (0 be given me ‘nui also the title and telephone number of a person who will answer any question [may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY T aave the right to omke payments of Principat at any time before they are doe. A prepayment of all of the unpaid principal ia known as “Pull Prepayment." A prepaymentof ast of the unpaid principal is known as a "Purtial Prepayment. Except as provided below, ! may make a Pall or Partial Prepayment at any time. If I make a Fall Prepayment, I maybe changed 2 fee as follows: If Note Holder receives a on or before the frst anniversary of the date of the Note, the prepeyment fe stall be equal t¢THREE poromat (3.000 %) of te original lom amount. If Note Holder receives a Fall Prepayment after the first anniversary but om or before the. rasvesuy oho ano ho Net geet lbeTMOpen (2.000 %) of the original Joan amount, Sf Note Holder receives a Pull ‘before the third soniversary of the date of the Note, the prepayment fee shall be T/A monet ve N/A) of be orga Joan ammount. prepayment of the Note shillbe Wien Tan's Pu of Poa Propane U wil soy he Note Hole 1 went Cam dig 0 Prepayment of principal shail be applied to interest accrued oa the amount prepaid and then to the principal batance of the Note ‘which shall not reduce the amount of ‘installmentsof principal and (until reamortlzed as set forth in the Note at the next Payment Change Date) not relieve mie of the obligation to make the installments each and every month tual the Note ia paid in full. Parti Prepaymnents shalt have ao effect upoo the due dates or the amounts of my monthly payments unless the Note Holder agrees ia writing to such 6. LOAN: If alaw, which applies to this loan and which sets maxinsum Joan charges, is finally interpreted so that the interest or other Joan charges collected or to be collected in connection with this loan exceed the permnited tims, then: (3) any such Loss charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me that exceeded permitted limits will be refunded to me, The Note Holder may choose to make this cefimd by reducing the principal I awe under this Note or by making a direct payment to me, If refund reduces principal, the seduction will be treated. as a partial prepayment. 1. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late for Overdue: If the Note Holder has not received the full amount of say monthly payment by the end of 15 esleadar days after the date it is due, I will pay a lato charge to the Note Holder. The smount of the charge will be 5.000 % of my overdue payment of principal and interest, 1 wil pay this late charpe prompdy Dut only once on each Inte payraeat. TE1 do not pay the full aouar of each monthly payment on the dats it s duc, I will be in deft, (©) Notice of Default IfT am in defanlt, the Note Holder may send me a writen notice telling me that if I do not pay the overdue amount by « certain date, the Note Holder muy require me to pay inamediately the fell amouat of principal chat has not been paid and all the interest that I owe on that amount. That date mmot be at least 30 days after the date oa which the notice is delivered or mailed to me. (D) No Waiver by Note Holder ‘Bven if, at a time when I am im default, the Note Holder docs not require me to pay immediately in full a2 described above, the Note Holder will sill have the right to do 30 if 1 am in default at later time. (E) Payment of Note Holder’s Costs and I the Note Holder bas required me to pay immediately in full as described shove, the Note Holder will have the right 0 be paid back by me for afl of its costs and expenses in enforcing this Note to the extent uot probibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees, 8. GIVING OF NOTICES ‘Uniess applicable law requires a different method, any notice that must be given to me under this Note will be givea by Aelivering itor by musing it by first class mail to me atthe Property Address above or at adiffreot address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by muviling ft by first cisss mail to the Note Halder at the address stated in Section 3(A) above or at a different if Tam given a notice of that different [NULTISTATE FLXED/ADJUSTABLE RATE WOTE - UIBOR, 4140286 eos, Petes (asin a. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than ane person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who Is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person Individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS J and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 1k. UNIFORM SECURED NOTE This Note is a uniform instrument with Simlted variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note, Some of those conditions are described as follows: (A) Until my initial fixed rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 17 of the Security Instrument provides as follows: ‘Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrawer is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less ihan 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Insirament. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, (B) When my iniilal fixed interest rate changes (o an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 17 of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and Uniform Covenant 17 of the Security Instrument shall instead provide as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it Is sold or transferred (or If a beneficial interest in Borrower is sald or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Instrument, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the Ioan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitied by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption, Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and Security Instrument unless Lender releases Borrower in writing. Tf Lender exercises the option to require immediate payment in full, 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) -Borrawer Borrower Seal} -Borrawer Borrower [Sign Original Only] MULTISTATE FIXED/ADJUSTABLE RATE NOTE - UBOR 4140266 0005) Page 3.0f 3 Usa the, Pay t the der of Bank Vice mere oe ces ALLONGE TO PROMISSORY NOTE Without recourse pay to the ord RGHINGTON MUTUAL Bang Qe BY: Shaun Abbott, Funting Manager Name: Shaun Abbott Title: Funding Manage: Company: Solstice Capital Group Inc., A California Corporatio Loan: 365762 Note Date: 07/19/2006 Borrower Name(s): Anthony Smith Borrower Address: 4108 Park Place Rd Marianna, FL 32446 Loan Amount: $171,000.00 QO 2c NEM et ost F ie Prepared by & Hern to: Venmuy can, TransContinental Title Co. 4033 Tampa Ra Suite 104 oR 1096 Pc 0646 Oldsmar, FL 34677 f “ \ 800-225-7897 by ‘ SOLSTICE CAPITAL GROUP I . Inst No: 2006012960 Date:08/02/2006 Time: 18:36 17461 DERIAN AVENUE SUITE \@00 Intang. Taxt+ . IRVINE, CALIFORNIA 92614 Doe Sti Mort : 598.50 Loan Number: 365762 DALE RABI GUTHRIE, JACKSON County “TSl44yes By: __p.c. B:1096P: 645 D-34a037-14 Ogu qy 0 na i ¥ &4 Gs AQU-32.<5il= Ip = 0000-014 -CoXD MORTGAGE | [Space Above This Line For Recording Date! MIN: 1003316-0000365762-9 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11 13, 18, 20 and21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JULY 19, 2006 , together with all Riders to this document. (B) "Borrower" is ANTHONY SMITH AND WIFE, GWENDOLYN SMITH Borrower is the mortgagor under this Security Instrument. (C) “MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is or; and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI. 48501-2026, tel. (888) 679-MERS. (D) "Lender"“is SOLSTICE CAPITAL GROUP INC Lender is a CALIFORNIA CORPORATION organized and existing under the laws of CALIFORNIA Lender's address is 17461 DERIAN AVENUE SUITE 200, IRVINE, CALIFORNIA 92614 (E) "Note" means the promissory note signed by Borrower and dated JULY 19, 2006 The Note states that Borrower owes Lender ONE HUNDRED SEVENTY-ONE THOUSAND AND 00/100 Dollars (U.S.$ 171,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 1, 2036 ®) "Property" means the property that iis described below under the heading "Transfer of Rights in the Property." ingle Family--Fannie Mae/Freddie Mac UNIFO! RM INSTRUMENT FLORIDA--Si - MERS. DocMagic CFarmns 800-649.1362 Form 3010 Page 1 of 3010.00 OR 109666. 0647 (G)_ "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: (X] Adjustable Rate Rider ( Planned Unit Development Rider (2) Balloon Rider (2) Biweekly Payment Rider (Q 1-4 Family Rider (C1 Second Home Rider (1 Condominium Rider (1) Other(s} [specify] @ “Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial ons. 0) “Community Association Dues, Fees, and Assessments" means all dues, fees, assessmentsand other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. {K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. a "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, destruction of, the Property; (1i) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. (OQ) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. {P} "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" 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 RESPA. (Q) "Successor in Interest 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 Instrument. FLORIDA-Si ingngle Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS- DocMagic CFarms 800-649-1362 Form 3010 1, Page 2 1 ¥13010.mzm on. 1096Pc 0648 TRANSFER OF RIGHTS IN THE PROPERTY This Instrument secures to Lender: (!) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY of JACKSON : [Type of Recording Jurisdiction} IName of Recording Jurisdiction] SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A", A.P.N.: 32-5N-10-0000-0140-002D which currently has the address of 4108 PARK PLACE RD. [Street] MARIANNA , Florida 32446 ("Property Address”): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referredto in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrowerin this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right; to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrament covering real property. 1B le1 FLORIDA--Sit Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic Forme 800-649-1362 Form 3010 1, Page 3 of 15 FISOL0.2000 or 1096 Ps. 0649 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: i. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. 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 Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrament 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 made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such checkis drawn upon an institution whose deposits are insured by a federal agency, instrumentality, 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 Lenderin accordance with the notice provisions in Section 15. 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 current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset 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 performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the orderin which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount 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 outstanding, 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 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") 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 under Section 5; 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 "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 FLORIDA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic ERomme 800-649-1362 Form 3010 1/0° Page 4 15 www.docmagic.com 13010.mem on 1096 Ps 0650 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 al] Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any orall Escrow Items at any time, 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 evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments andto provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, 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 amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, 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) sufficlent to permit Lender to apply the Funds at the time 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 current data and reasonable estimates of expenditures of future Escrow Items or otherwise in 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 Lender is an institution whose deposits are so insured) or in any Federal 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 for 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 permits 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 annual accounting of the Funds as required by RESPA. 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 RESPA. If there is a shortage 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 shortage in accordance with RESPA, but in no 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 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that 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 enforcementof the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder FLORIDA-Sit v0 le1 Family-Fannie Form 3010 1: Mae/Freddie Mac UNIFORM INSTRUMENT - MERS- Page 5 of 15 Docifagic Farin, soo-e0 1362 13010. OR 1096Po 0654 of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a Hien which can attain priority over this Security Instrument, Lender may give Borrower a notice 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 Borrowerto pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. 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 insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase 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 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 Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender 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