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Filing # 12487198 Electronically Filed 04/14/2014 04:34:06 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 #:
-VS.-
Anthony Smith and Gwendolyn Smith,
Husband and Wife; et al.
Defendant(s).
NOTICE OF FILING
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: Note Certification.
\
on this \ | day of, {per 2014.
*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 Blvd., Ste 100
Tampa, FL 33614
Telephone; R13 }) 880-8888
Fax: (8 800
Em 1@ logs,com
By:
Kari
(Ny Pp)CA
\j g2
FL Bar
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
Electronically Filed Jackson Case # 14000228CAAXMX 04/14/2014 03:34:06 PM
CERTIFICATION OF NOTE POSSESSION
I, the undersigned, under penalties of perjury, declare as follows:
1 I am a Legal Assistant of Shapiro, Fishman & Gaché, LLP (“SFG”). SFG has
been retained to represent 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 in legal proceedings to enforce a promissory note secured by a property located
at: 4108 Park Place Road, Marianna, FL 32446 (herein the “Property”).
22 On March 7, 2014, at 4:34, I personally reviewed the collateral file located at
4630 Woodland Corporate Blvd., Suite 100, Tampa, FL 33614, that was provided to SFG for
purposes of its representation of 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 in connection with enforcing the note secured by the Property. | confirm that the
collateral file contained the original promissory note evidencing the debt secured by the
Property, and attached hereto is a correct copy of the original promissory note and allonge(s), if
any.
—~ ~
t Ox CvYN on 2
Name: Roxane Diaz
Title: Legal Assistant Q
Date: March 7, 2014
12-242011 FC02 SPS
XXED/ADJUSTABLE RATE NOTE
(LIBOR Index - Rate Caps)
MIN: 1003316-0000365762-9 Loan Number: 365762
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} Kcury} [State}
CS
4108 PARK PLACE RD., MARIANNA, FLORIDA 32446
(Property Address}
1 BORROWER'S PROMISE TO PAY
In return for to pay U.S. § 171,000.00
a loan that I have received, I promise (this amount is called
principal"), plus interest, to the order of the Lender. The Lender is SOLSTICE CAPITAL GROUP INC., A
CALIFORNIA CORPORATION
Tunderstand that the Lender may transfer this Note, The Lender or anyone who takes this Note by trans! fer and who is entitled
to receive 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
rate of 8.750%. The interest rate I will pay may change 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 Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the first day of each month beginning on SEPTEMBER 1 » 2006
I will make these payments every month until I have paid all of the principal and interest and any other charges described
below that 1 may owe under this Note. My monthly payments will be applied to interest before principal. If, on
AUGUST 1, 2036 «I stil owe amounts under this Note, I will pay those amounts in full on that
date, which is called the “Maturity Date.“
Iwill make my monthly payments at 17461 DERIAN AVENUE SUITE 200, IRVINE,
CALIFORNIA 92614
or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly paymentswill be in the amount of U.S.$ 1,345.26 - This amount may
change.
(©) 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
xy. 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
(A) Change 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 which my
adjustable interest rate could change is called a “Change Date.”
(B) The Index
Beginning 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 forth in 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 in a 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.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding FIVE AND 630/1000
percentage point(s) ( +630 %) to the Current
Index, The Note Holder will then round the result of this addition (o the nearest one-eighth of one percentage point (0.125%).
Subject to the limits stated in Section 4(D) below, this rounded went will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to 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
yyments. 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 any single Change
Date
by more than ONE AND 000/1000 percentage points ( 1.000 %)
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR
Page 1 3
4140265 (0605) [Via Mortgage Solutions, Ine
aa tae
from the rate of inuerest 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 less than 8.750 % which is called the "Minimum
Rate".
() Effective Date of Changes
My new interes: rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amountof my monthly payment changes again.
(®) Notice of Changes
‘The Note Holder will deliver or mail to me a notice of any changes in my adjustable interest rate and the amount of my
monthly payment before the effective date of any change. The notice will include information required by law to be given me
and also the ttle and telephone numberof a person who will answer any question
I may have regarding the notice.
5. ;ORROWER’S RIGHT TO PREPAY
[have the right to make payments of Principal at any time before they are due. A prepayment
of all of the unpaid
principal is known as a "Full Prepayment.” A prepayment of only part of the unpaid principal is known as 2 “Partial
Prepayment.”
Exceptas provided below, I may make a Full or Partial Prepayment at any time. if I make a Pull Prepayment, I may be
charged a fee as follows:
If Note Holder receives « Full Prepayment on or before the first anniversary of the date of the Note, the prepayment fee
shall be equal oTHREE percent (3.000 %) of the original loan amount. If Note Holder receives a Fuli Prepayment after
the first anniversary but on or before the second anniversary of the date of the Note, the prepayment fee shall be TWO percent
(2.000 %) of the original loan amount, If Note Holder receives # Full after the second anniv. but on or
before the third anniversary of the date of the Note, the prepayment fee shall be N/A percent ( N/A %) of the original
loan amount. Thereafter, prepayment of the Noce shall be permitted without any prepaymect fee.
When I make a Full or Partial Prepayment, T will notify the Note Holder in writing that 1 am doing so. Any Partial
Prepayment of principal shall be applied to interest accrued on the amount prepaid and then to the principal balance of the Note
which shall not reduce the amount of monthly installments of principal and interest (until reamortized es set forth in the Note at
the next Payment Change Date) ‘or relieve me of the obligation to make the installments each and every month until the Note is
paid in full. Partial shall have no effect upon the due dates or the amounts of my monthly payments ualess the
Note Holder agrees in writing to such changes.
6. LOAN CHARGES
If 2 law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (fi) any sums already collected from
‘me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
principal T owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated
as a partial prepayment,
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
Ifthe Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly
bbut only once on each late payrnent.
(B) Default
If .do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Defautt
If Lam in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by &
certain date, the Note Holder may require me to pay immediately the full amount of principal that has cot been paid and all the
interest that | owe on that amount, That date snust be at least 30 days after the date on which the notice is delivered or mailed to
mre.
" (@) No Waiver by Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if ! am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
{f the Note Holder has required me to pay immediately in full as described 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 attomeys’ fees.
8. GIVING OF NOTICES
‘Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by maiting it by first class mail to me at the Property Address above or at a different 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 Hoider under this Note wili
be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address
if Tam given a notice of that different address,
[MULTISTATE FIXED/ADJUSTABLE RATE NOTE - IGOR
4140265 10905) Pome 23
YD
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one 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
pav all of the amounts owed under this Note.
10. WAIVERS
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 (o require the Note Holder to give notice to other persons that amounts due have not been paid.
u. UNIFORM SECURED NOTE
‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the “Security Instrument”), dated the same date as
this Note, protects the Note Holder from possible losses that might result if I do not keep the promises which 1 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 I 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 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 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 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.
(B) When my initial fixed interest rate changes to 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 sold 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 Security Instrument. However, this option shall not be exercised by Lender if
exercise is prohibited by federal lawas 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 loan assumption and that the risk of a breach of any covenant or agreement in
this Security Instrument is acceptable to Lender.
To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's
consent to the Ioan 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.
If 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.
At tdi 2. eae
ENTHONY_ SMITH
eal)
Borrower
(Seal)
Borrower
Seal) Seal}
Borrower Borrower
{Sign Original Only}
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR
4140265 (0605) Page 3.069
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ALLONGE TO PROMISSORY NOTE
Without recourse pay to the ord WASHINGTON MUTUAL
BANK
A TAEZ
Shaun Abbott, Funding Manager
Name: Shaun Abbott
Title: Funding Manage!
Company: Solstice Capital Group Inc., A California Corporation
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
Preview
Filing # 12487198 Electronically Filed 04/14/2014 04:34:06 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 #: -VS.- Anthony Smith and Gwendolyn Smith, Husband and Wife; et al. Defendant(s). NOTICE OF FILING 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: Note Certification. \ on this \ | day of, {per 2014. *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 Blvd., Ste 100 Tampa, FL 33614 Telephone; R13 }) 880-8888 Fax: (8 800 Em 1@ logs,com By: Kari (Ny Pp)CA \j g2 FL Bar 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 Electronically Filed Jackson Case # 14000228CAAXMX 04/14/2014 03:34:06 PM CERTIFICATION OF NOTE POSSESSION I, the undersigned, under penalties of perjury, declare as follows: 1 I am a Legal Assistant of Shapiro, Fishman & Gaché, LLP (“SFG”). SFG has been retained to represent 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 in legal proceedings to enforce a promissory note secured by a property located at: 4108 Park Place Road, Marianna, FL 32446 (herein the “Property”). 22 On March 7, 2014, at 4:34, I personally reviewed the collateral file located at 4630 Woodland Corporate Blvd., Suite 100, Tampa, FL 33614, that was provided to SFG for purposes of its representation of 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 in connection with enforcing the note secured by the Property. | confirm that the collateral file contained the original promissory note evidencing the debt secured by the Property, and attached hereto is a correct copy of the original promissory note and allonge(s), if any. —~ ~ t Ox CvYN on 2 Name: Roxane Diaz Title: Legal Assistant Q Date: March 7, 2014 12-242011 FC02 SPS XXED/ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) MIN: 1003316-0000365762-9 Loan Number: 365762 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} Kcury} [State} CS 4108 PARK PLACE RD., MARIANNA, FLORIDA 32446 (Property Address} 1 BORROWER'S PROMISE TO PAY In return for to pay U.S. § 171,000.00 a loan that I have received, I promise (this amount is called principal"), plus interest, to the order of the Lender. The Lender is SOLSTICE CAPITAL GROUP INC., A CALIFORNIA CORPORATION Tunderstand that the Lender may transfer this Note, The Lender or anyone who takes this Note by trans! fer and who is entitled to receive 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 rate of 8.750%. The interest rate I will pay may change 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 Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on SEPTEMBER 1 » 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. My monthly payments will be applied to interest before principal. If, on AUGUST 1, 2036 «I stil owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date.“ Iwill make my monthly payments at 17461 DERIAN AVENUE SUITE 200, IRVINE, CALIFORNIA 92614 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly paymentswill be in the amount of U.S.$ 1,345.26 - This amount may change. (©) 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 xy. 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 (A) Change 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 which my adjustable interest rate could change is called a “Change Date.” (B) The Index Beginning 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 forth in 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 in a 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. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding FIVE AND 630/1000 percentage point(s) ( +630 %) to the Current Index, The Note Holder will then round the result of this addition (o the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded went will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to 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 yyments. 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 any single Change Date by more than ONE AND 000/1000 percentage points ( 1.000 %) MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR Page 1 3 4140265 (0605) [Via Mortgage Solutions, Ine aa tae from the rate of inuerest 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 less than 8.750 % which is called the "Minimum Rate". () Effective Date of Changes My new interes: rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amountof my monthly payment changes again. (®) Notice of Changes ‘The Note Holder will deliver or mail to me a notice of any changes in my adjustable interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the ttle and telephone numberof a person who will answer any question I may have regarding the notice. 5. ;ORROWER’S RIGHT TO PREPAY [have the right to make payments of Principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "Full Prepayment.” A prepayment of only part of the unpaid principal is known as 2 “Partial Prepayment.” Exceptas provided below, I may make a Full or Partial Prepayment at any time. if I make a Pull Prepayment, I may be charged a fee as follows: If Note Holder receives « Full Prepayment on or before the first anniversary of the date of the Note, the prepayment fee shall be equal oTHREE percent (3.000 %) of the original loan amount. If Note Holder receives a Fuli Prepayment after the first anniversary but on or before the second anniversary of the date of the Note, the prepayment fee shall be TWO percent (2.000 %) of the original loan amount, If Note Holder receives # Full after the second anniv. but on or before the third anniversary of the date of the Note, the prepayment fee shall be N/A percent ( N/A %) of the original loan amount. Thereafter, prepayment of the Noce shall be permitted without any prepaymect fee. When I make a Full or Partial Prepayment, T will notify the Note Holder in writing that 1 am doing so. Any Partial Prepayment of principal shall be applied to interest accrued on the amount prepaid and then to the principal balance of the Note which shall not reduce the amount of monthly installments of principal and interest (until reamortized es set forth in the Note at the next Payment Change Date) ‘or relieve me of the obligation to make the installments each and every month until the Note is paid in full. Partial shall have no effect upon the due dates or the amounts of my monthly payments ualess the Note Holder agrees in writing to such changes. 6. LOAN CHARGES If 2 law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (fi) any sums already collected from ‘me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal T owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment, 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments Ifthe Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly bbut only once on each late payrnent. (B) Default If .do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Defautt If Lam in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by & certain date, the Note Holder may require me to pay immediately the full amount of principal that has cot been paid and all the interest that | owe on that amount, That date snust be at least 30 days after the date on which the notice is delivered or mailed to mre. " (@) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if ! am in default at a later time. (E) Payment of Note Holder's Costs and Expenses {f the Note Holder has required me to pay immediately in full as described 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 attomeys’ fees. 8. GIVING OF NOTICES ‘Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by maiting it by first class mail to me at the Property Address above or at a different 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 Hoider under this Note wili be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if Tam given a notice of that different address, [MULTISTATE FIXED/ADJUSTABLE RATE NOTE - IGOR 4140265 10905) Pome 23 YD 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one 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 pav all of the amounts owed under this Note. 10. WAIVERS 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 (o require the Note Holder to give notice to other persons that amounts due have not been paid. u. UNIFORM SECURED NOTE ‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the “Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises which 1 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 I 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 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 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 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. (B) When my initial fixed interest rate changes to 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 sold 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 Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal lawas 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 loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the Ioan 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. If 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. At tdi 2. eae ENTHONY_ SMITH eal) Borrower (Seal) Borrower Seal) Seal} Borrower Borrower {Sign Original Only} MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR 4140265 (0605) Page 3.069 Usa toe PRY the onde Wi thou Rex 2 Mi Bank map ~ ALLONGE TO PROMISSORY NOTE Without recourse pay to the ord WASHINGTON MUTUAL BANK A TAEZ Shaun Abbott, Funding Manager Name: Shaun Abbott Title: Funding Manage! Company: Solstice Capital Group Inc., A California Corporation 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