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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; Unknown Parties in
Possession #1, If living, and all Unknown
Parties claiming by, through, under and against
the above named Defendant(s) who are not
known to be dead or alive, whether said
Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other
Claimants; Unknown Parties in Possession #2,
If living, and all Unknown Parties claiming by,
through, under and against the above named
Defendant(s) who are not known to be dead or
alive, whether said Unknown Parties may claim
an interest as Spouse, Heirs, Devisees,
Grantees, or Other Claimants
Defendant(s).
VERIFIED COMPLAINT TO FORECLOSE MORTGAGE
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, sues the Defendant(s) and states:
1 This is an action to foreclose a mortgage on real property located in Jackson
County, Florida, and by reason thereof the venue for this matter is in Jackson County, Florida.
2. Borrower(s) Anthony Smith executed and delivered a Promissory Note (“Note”)
dated July 19, 2006 and Anthony Smith and Gwendolyn Smith executed a Mortgage (“Mortgage”)
Electronically Filed Jackson Case # 14000228CAAXMX 04/14/2014 03:34:06 PM
dated July 19, 2006 securing payment of the Note to the payee named thereon. The Mortgage was
recorded in Official Records Book 1096, Page 646, of the Public Records of Jackson County,
Florida, and mortgaged the property described in the mortgage then owned by and in possession
of the mortgagor(s). True and correct copies of said Note and Mortgage, are attached hereto as
Exhibit "A" and Exhibit "B" respectively.
3 The parties subsequently modified the aforementioned loan documents. A copy
of the Loan Modification is attached hereto as Exhibit “C”.
4. The Defendant, Anthony Smith, executed the Loan Modification.
5 Plaintiff is in physical possession of the original Note, an exact copy of which is
attached hereto as Exhibit “A”, and by virtue of being in possession of such original Note, is the
holder of that Note.
6. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or
subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's
predecessors in interest.
7. Defendants, Anthony Smith and Gwendolyn Smith, Husband and Wife, are the
current owners of the real property which is the subject of the Mortgage.
8 All conditions precedent to the acceleration of the Note and Mortgage and the
filing of the instant foreclosure complaint have been fulfilled.
9 There has been a default in the payment of the amounts due under the Note and
Mortgage in that the payment due for October 1, 2011 and all subsequent payments have not
been made.
10. Plaintiff declares the full amount payable under the Note and Mortgage to be due
and payable.
11. Defendant who may be held personally liable for a deficiency, if any, is the
notemaker, Anthony Smith, unless any of such Defendant have been discharged in bankruptcy in
which event no deficiency is or will be sought.
12. There is now due and owing the principal sum of $176,750.80 accruing interest
pursuant to the terms of the aforementioned loan documents and together with all sums that may
be due for taxes, insurance, escrow advances, and expenses and costs of suit including but not
limited to filing fees, recording fees, title search and examination fees, fees due for service of
process and such other costs as may be allowed by the Court.
13. Plaintiff is obligated to pay Plaintiff's attorney a reasonable fee for their services
and seeks an award of attorney’s fees.
14, That the Defendant, Unknown Parties in Possession #1, if living, and all
Unknown Parties claiming by, through, under and against the above named Defendant(s) who
are not known to be dead or alive, whether said Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or
mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.
15. That the Defendant, Unknown Parties in Possession #2, if living, and all
Unknown Parties claiming by, through, under and against the above named Defendant(s) who
are not known to be dead or alive, whether said Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or
mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.
WHEREFORE, the Plaintiff respectfully requests that the court enter a Final Judgment:
(a) enumerating all amounts the court determines due to Plaintiff pursuant to said Note and
Mortgage, (b) ordering the Clerk of the Court to sell the subject property to satisfy the amount
due Plaintiff, in whole or in part; (c) adjudging that the right, title and interest of any party
claiming by, through, under or against any Defendant named herein be deemed inferior and
subordinate to the Plaintiff's Mortgage lien and be forever barred and foreclosed; (d) retaining
jurisdiction of the court in this action to make any and all further orders and judgments as may be
necessary and proper, including issuance of a writ of possession and the entry of a deficiency,
when and if such deficiency is sought if the parties liable under the Note have not been
discharged in bankruptcy (however no deficiency will be sought if the parties liable under the
Note were subject to an order allowing Plaintiff or its predecessors-in-interest only in rem relief
(This space intentionally left blank)
from the bankruptcy automatic stay); and, (e) for such other and further relief as the court may
deem just and proper.
LA. R. CIV. P. 1.110(b) VERIFICATIO
Under penalty of perjury, I declare that I have read the foregoing Complaint to Foreclose Mortgage, and
the facts alleged therein are true and correct to the best of my
~
By:
Print Name: et Saven Gutierrez
Title: Document Control Officer
Date: -f
Select Portfolio Servicing, Inc. as Servicer for 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
*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: (81 3) 880-8888
Fax: (813 00
Email: M@logs.com
By: KA
sd
FLBi 8p2
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
Exhibit
A
»1XED/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} [ciyy) [State
oS
4108 PARK PLACE RD., MARIANNA, FLORIDA 32446
[Property Address}
1 BORROWER'S PROMISE TO PAY
In return fora 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 Lender is SOLSTICE CAPITAL GROUP INC., A
CALIFORNIA CORPORATION
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer 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
| 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 I may owe under this Note. My monthly payments will be applied to interest before principal. If, on
AUGUST 1, 2036 I still owe amounts under this Note, I will pay those amounts in full on that
date, which is called the “Maturity Date."
I will make my monthly payments at 17461 DERIAN AVENUE SUITE 200, IRVINE,
CALIFORNIA 92614
of at a different place if required by the Note Holder.
(B) Amount of My Injtial Monthly ents
Each of my initial monthly payments
will 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
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
(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) ( 5.630 %) to the Current
Index. The Note Holder will then round the result of this addition to the nearest one-eighth 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 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 1 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 any single Change
Date by more than ONE AND 000/1000 percentage points ( 1.000 %)
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR
Page 10f 3
4140265 (0505, VIP Mectgoge Solutions. nc.
fla. tom
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 less than 8.750 % which is called the "Minimum Rate”.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change
Date until the amount of 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 title and telephone number of a person who will answer any question I may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
T 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 a “Partial
Prepayment.”
Except as provided below, I may make a Pull or Partial Prepayment at any time. {f I make a Full Prepayment,
I may be
charged 2 fee as follows:
If Note Holder receives a Full yment on or before the first anniversary of the date of the Note, the prepayment fee
shall be equal tOTHREE percent (3.000 %) of the original loan amount. If Note Holder receives a Full 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 Joan amount. If Note Holder receives a Full Prepayment after the second anniversary 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
Joan amount. Thereafter, prepayment
of the Note shall be permitted without
any prepayment fee.
When I make a Full or Partial Prepayment, I will notify the Note Holder in writing that I 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 as set forth in the Note at
the next Payment Change Date) nor relieve me of the obligation to make the instaliments each and every month until the Noteis
paid in full, Partial Prepayments shall have no effect upon the due dates or the amounts of my monthly payments unless the
Note Holder agrees in writing to such changes.
6. LOAN CHARGES
so that the interest or other
If'a law, which applies to this loan and which sets maximum Joan charges, is finally interpreted
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 (ji) 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 I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treaved
as a partial prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the 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
bat only once on each late payment.
{B) Default
If do not pay the full amount of each monthly payment on the date itis due, I will be in default.
(C) Notice of Default
if I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by 2
certain date, the Note Holder may require me to pay irsmediately the full amount of principal that has not been paid and all the
interest that I owe on that amount, That date must be at least 30 days after the datc on which the notice is delivered or mailed to
me.
" (D) 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 1 am in default at a later time.
(E) Payment of Note Holder’s Costs and Expenses
If 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 attorneys’ 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 mailing 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 Holder under this Note will
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 Lam given a notice of that different address.
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR
4140268 1x08; Pee 2043
se
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 @ 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
T 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.
iL, 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 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 ali 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 ofthis
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 shail 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 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 loan assumption and that the risk of a breach of any covenant or agreement in
this Security Instrument is acceptable to Lendr.
To the extent permitted 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.
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.
, oo>
o (Seal)
(Seal)
HES tn Borrower Borrower
(Seal) (Seal)
Borrower Borrower
[Sign Original Only]
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR
4140265 0608) Page 3003
stan tet
Pay to the
Order of
aE
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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; Unknown Parties in Possession #1, If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants; Unknown Parties in Possession #2, If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants Defendant(s). VERIFIED COMPLAINT TO FORECLOSE MORTGAGE 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, sues the Defendant(s) and states: 1 This is an action to foreclose a mortgage on real property located in Jackson County, Florida, and by reason thereof the venue for this matter is in Jackson County, Florida. 2. Borrower(s) Anthony Smith executed and delivered a Promissory Note (“Note”) dated July 19, 2006 and Anthony Smith and Gwendolyn Smith executed a Mortgage (“Mortgage”) Electronically Filed Jackson Case # 14000228CAAXMX 04/14/2014 03:34:06 PM dated July 19, 2006 securing payment of the Note to the payee named thereon. The Mortgage was recorded in Official Records Book 1096, Page 646, of the Public Records of Jackson County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor(s). True and correct copies of said Note and Mortgage, are attached hereto as Exhibit "A" and Exhibit "B" respectively. 3 The parties subsequently modified the aforementioned loan documents. A copy of the Loan Modification is attached hereto as Exhibit “C”. 4. The Defendant, Anthony Smith, executed the Loan Modification. 5 Plaintiff is in physical possession of the original Note, an exact copy of which is attached hereto as Exhibit “A”, and by virtue of being in possession of such original Note, is the holder of that Note. 6. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's predecessors in interest. 7. Defendants, Anthony Smith and Gwendolyn Smith, Husband and Wife, are the current owners of the real property which is the subject of the Mortgage. 8 All conditions precedent to the acceleration of the Note and Mortgage and the filing of the instant foreclosure complaint have been fulfilled. 9 There has been a default in the payment of the amounts due under the Note and Mortgage in that the payment due for October 1, 2011 and all subsequent payments have not been made. 10. Plaintiff declares the full amount payable under the Note and Mortgage to be due and payable. 11. Defendant who may be held personally liable for a deficiency, if any, is the notemaker, Anthony Smith, unless any of such Defendant have been discharged in bankruptcy in which event no deficiency is or will be sought. 12. There is now due and owing the principal sum of $176,750.80 accruing interest pursuant to the terms of the aforementioned loan documents and together with all sums that may be due for taxes, insurance, escrow advances, and expenses and costs of suit including but not limited to filing fees, recording fees, title search and examination fees, fees due for service of process and such other costs as may be allowed by the Court. 13. Plaintiff is obligated to pay Plaintiff's attorney a reasonable fee for their services and seeks an award of attorney’s fees. 14, That the Defendant, Unknown Parties in Possession #1, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage. 15. That the Defendant, Unknown Parties in Possession #2, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage. WHEREFORE, the Plaintiff respectfully requests that the court enter a Final Judgment: (a) enumerating all amounts the court determines due to Plaintiff pursuant to said Note and Mortgage, (b) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or in part; (c) adjudging that the right, title and interest of any party claiming by, through, under or against any Defendant named herein be deemed inferior and subordinate to the Plaintiff's Mortgage lien and be forever barred and foreclosed; (d) retaining jurisdiction of the court in this action to make any and all further orders and judgments as may be necessary and proper, including issuance of a writ of possession and the entry of a deficiency, when and if such deficiency is sought if the parties liable under the Note have not been discharged in bankruptcy (however no deficiency will be sought if the parties liable under the Note were subject to an order allowing Plaintiff or its predecessors-in-interest only in rem relief (This space intentionally left blank) from the bankruptcy automatic stay); and, (e) for such other and further relief as the court may deem just and proper. LA. R. CIV. P. 1.110(b) VERIFICATIO Under penalty of perjury, I declare that I have read the foregoing Complaint to Foreclose Mortgage, and the facts alleged therein are true and correct to the best of my ~ By: Print Name: et Saven Gutierrez Title: Document Control Officer Date: -f Select Portfolio Servicing, Inc. as Servicer for 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 *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: (81 3) 880-8888 Fax: (813 00 Email: M@logs.com By: KA sd FLBi 8p2 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 Exhibit A »1XED/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} [ciyy) [State oS 4108 PARK PLACE RD., MARIANNA, FLORIDA 32446 [Property Address} 1 BORROWER'S PROMISE TO PAY In return fora 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 Lender is SOLSTICE CAPITAL GROUP INC., A CALIFORNIA CORPORATION I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer 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 | 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 I may owe under this Note. My monthly payments will be applied to interest before principal. If, on AUGUST 1, 2036 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date." I will make my monthly payments at 17461 DERIAN AVENUE SUITE 200, IRVINE, CALIFORNIA 92614 of at a different place if required by the Note Holder. (B) Amount of My Injtial Monthly ents Each of my initial monthly payments will 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 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 (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) ( 5.630 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth 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 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 1 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 any single Change Date by more than ONE AND 000/1000 percentage points ( 1.000 %) MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR Page 10f 3 4140265 (0505, VIP Mectgoge Solutions. nc. fla. tom 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 less than 8.750 % which is called the "Minimum Rate”. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of 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 title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY T 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 a “Partial Prepayment.” Except as provided below, I may make a Pull or Partial Prepayment at any time. {f I make a Full Prepayment, I may be charged 2 fee as follows: If Note Holder receives a Full yment on or before the first anniversary of the date of the Note, the prepayment fee shall be equal tOTHREE percent (3.000 %) of the original loan amount. If Note Holder receives a Full 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 Joan amount. If Note Holder receives a Full Prepayment after the second anniversary 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 Joan amount. Thereafter, prepayment of the Note shall be permitted without any prepayment fee. When I make a Full or Partial Prepayment, I will notify the Note Holder in writing that I 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 as set forth in the Note at the next Payment Change Date) nor relieve me of the obligation to make the instaliments each and every month until the Noteis paid in full, Partial Prepayments shall have no effect upon the due dates or the amounts of my monthly payments unless the Note Holder agrees in writing to such changes. 6. LOAN CHARGES so that the interest or other If'a law, which applies to this loan and which sets maximum Joan charges, is finally interpreted 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 (ji) 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 I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treaved as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the 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 bat only once on each late payment. {B) Default If do not pay the full amount of each monthly payment on the date itis due, I will be in default. (C) Notice of Default if I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by 2 certain date, the Note Holder may require me to pay irsmediately the full amount of principal that has not been paid and all the interest that I owe on that amount, That date must be at least 30 days after the datc on which the notice is delivered or mailed to me. " (D) 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 1 am in default at a later time. (E) Payment of Note Holder’s Costs and Expenses If 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 attorneys’ 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 mailing 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 Holder under this Note will 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 Lam given a notice of that different address. MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR 4140268 1x08; Pee 2043 se 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 @ 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 T 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. iL, 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 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 ali 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 ofthis 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 shail 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 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 loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lendr. To the extent permitted 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. 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. , oo> o (Seal) (Seal) HES tn Borrower Borrower (Seal) (Seal) Borrower Borrower [Sign Original Only] MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR 4140265 0608) Page 3003 stan tet Pay to the Order of aE