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16-2024-CA-001685-AXXX-MA Div: CV-A
Filing # 195187964 E-Filed 04/01/2024 01:03:08 PM
FC-A
IN THE CIRCUIT COURT OF THE 4TH JUDICIAL CIRCUIT
TIN AND FOR DUVAL COUNTY, FLORIDA
CASE NO.:
WELLS FARGO BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR OPTION
ONE MORTGAGE LOAN TRUST 2007-2,
ASSET-BACKED CERTIFICATES SERIES
2007-2,
Plaintiff,
VS.
BETTYLOU SUMMERS A/K/A BETTY L.
SUMMERS A/K/A BETTY LOU SUMMERS;
UNKNOWN SPOUSE OF BETTYLOU
SUMMERS A/K/A_ BETTY I SUMMERS
A/K/A BETTY LOU SUMMERS; CITY OF
JACKSONVILLE, FLORIDA,
Defendant(s).
/
VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE
Plaintiff, Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan
Trust 2007-2, Asset-Backed Certificates, Series 2007-2 hereinafter referred to as (“Plaintiff”), sues the
Defendants, Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers, Unknown Spouse
of Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers and City of Jacksonville,
Florida, (hereinafter referred to as “Defendants”), and alleges:
COUNT I- MOR AGE FORECLOSURE
1 This is an action to foreclose a mortgage on real property in Duval County, orida.
2 The Court has jurisdiction over the subject matter.
3 On or about October 26, 2006, Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou
Summers, executed and delivered a promissory note (hereinafter referred to as the “Note”). A copy of
the Note is attached hereto as "Exhibit A".
Page f of 5
File #: 22-400493
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/01/2024 04:41:28 PM
4 On or about October 26, 2006, Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou
Summers executed and delivered a mortgage (hereinafter referred to as “Mortgage”) securing payment
of the Note to Option One Mortgage Corporation. The Mortgage was recorded on November 6, 2006,
in Official Record Book 13624, at Page 1223, of the Public Records of Duval County, Florida, and
encumbered the property described in the Mortgage then owned by and in possession of the mortgagor.
A copy of the Mortgage is attached hereto as "Exhibit B".
5 Said Mortgage was modified by virtue of a Home Affordable Modification Agreement with an
effective date of October 1, 2013, a copy of which is attached hereto and incorporated herein as
"Exhibit C".
6 Said Mortgage was modified by virtue of a Loan Modification Agreement recorded on January
18, 2023, in Official Record Book 20555, at Page 1615, of the Public Records of Duval County,
Florida, a copy of which is attached hereto and incorporated herein as "Exhibit D".
4
7 Said Mortgage was modified by virtue of a Loan Modification Agreement with an effective
date of August 1, 2023, a copy of which is attached hereto and incorporated herein as "Exhibit E".
8 The Mortgage of Plaintiff is a lien superior in dignity to any prior or subsequent right, title,
laim, lien or interest arising out of mortgagor(s) or the mortgagor(s)' predecessor(s) in interest.
9 Plaintiff is the holder of the original Note secured by the Mortgage and is entitled to foreclose
pursuant to Florida Statute 673.3011(1).
10. PHH Mortgage Corporation ("PHH") is the loan servicer for this particular loan. Plaintiff has
delegated PHH Mortgage Corporation, the authority to service the loan on its behalf pursuant to a
Limited Power of Attorney. A copy of the Limited Power of Attorney being attached hereto as
"Exhibit F".
age 2 of 5
File #: 22-400493
I. Defendant(s) have defaulted under the Note, Mortgage and Loan Modification(s) by failing to
pay the payment due as of October 1, 2023, and all subsequent payments. The loan remains in a
continuous state of default.
12. Plaintiff declares the full amount payable under the Note and Mortgage to be due, except to the
extent any part of that amount is or would be subject to a statute of limitations defense.
13. Defendant(s) owe Plaintiff $149,288.42, which includes a deferred principal balance in the
amount of $2,628.34, that is due and owing on principal on the Note and Mortgage, plus interest from
and after September |, 2023, and title search expenses for ascertaining necessary parties to this action,
pursuant to the documents attached, except for those defendants who have been discharged in
bankruptcy.
14, In order to protect its security, Plaintiff may have advanced and paid Ad Valorem Taxes,
premiums on insurance required by the Mortgage and other necessary costs, or may be required to
make such advances during the pendency of this action. Any such sum so paid will be due and owing
to Plaintiff.
15. The property is now owned by Defendant(s) Bettylou Summers a/k/a Betty L. Summers a/k/a
Betty Lou Summers, and the record legal title to said mortgaged property is now vested in Defendant(s)
Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers.
16. All conditions precedent to the acceleration of this Mortgage Note and foreclosure of the
Mortgage have occurred.
Ie Plaintiff is obligated to pay Plaintiff's attorneys a reasonable fee for their services. Plaintiffis
entitled to recover its attorneys’ fees pursuant to the express terms of the Note and Mortgage.
18. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and
subject to the prior claim of Plaintiff.
Page 3 of 5
File #: 22-400493
19. Defendant, Unknown Spouse of Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou
Summers, may have or claim an interest in the property that is the subject of this foreclosure action by
virtue of homestead rights, possession or any right of redemption, or may otherwise claim an interest
in the property, but any such right, title or interest in and to the real property is junior subordinate, and
inferior to the lien of the Plaintiff's Mortgage.
20. Defendant, City of Jacksonville, Florida, may claim some right, title, or interest in the property
herein sought to be foreclosed by virtue of an Order Assessing an Administrative Fine Until
Compliance is Achieved recorded on November 30, 2021, in Official Records Book 20033, at Page
1125, of the Public Records of Duval County, Florida, or some other unknown interest, the exact nature
of which is unknown to the Plaintiff and not a matter of public record However, said interest, if any,
is subject and inferior to the lien of Plaintiff's Mortgage.
2s Any and all unknown parties claiming by, through, under, and against the herein named
individual defendant(s) who are not known to be dead or alive, whether said unknown parties may
claim an interest as spouses, heirs, devisees, grantees, or other claimants are joined as defendants
herein. The claims of said defendants are subordinate, junior, and inferior to the interest of Plaintiff.
WHEREFORE, Plaintiff demands judgment foreclosing the Mortgage, for costs (and, when
applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay Plaintiff's claim,
a deficiency judgment. Request that subject to any applicable statute of limitations, that the Court
ascertain the amount due to Plaintiff for principal and interest on the Mortgage and Note and for late
charges, abstracting, taxes, expenses and costs, including attorney's fees, plus interest thereon; that if
the sums due Plaintiff under the Mortgage and Note are not paid immediately, the Court foreclose the
Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy the Plaintiff's
Mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2011); that the rights,
title and interest of any Defendant, or any party claiming by, through, under or against any Defendant
Page 4 of 5
File #: 22-400493
named herein or hereinafter made a Defendant be forever barred and foreclosed; that the Court appoint
a receiver of the Property and of the rents, issues, income and profits thereof, or in the alternative, order
sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006); and that
the Court retain jurisdiction of this action to make any and all further orders and judgments as-may be
necessary and proper, including the issuance of a writ of possession and the entry of a deficiency
judgment decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been
discharged in bankruptcy.
FLA. R. CIV. P. 1.115(e) VERIFICATION
Under penalty of perjury, ! declare that I have read the foregoing, and the facts alleged therein are
true and correct to the best of my knowledge and belief.
March
Executed on this __ day of , 2024,
By:
(sf. JacquelineS. Michaelsow
Print Name: Jacqueline S. Michaelson
Title: Contract Management Coordinator
Wells Fargo Bank, National Association as
Trustee for Option One Mortgage Loan Trust
2007-2, Asset-Backed Certificates, Series
2007-2 by its attorney-in-fact PHH Mortgage
Corporation
RE: Borrower: Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers
Address: 9781 Bradley Rd, Jacksonville, FL 32246
File #: 22-400493
DESIGNATION OF PRIMARY E-MAIL ADDRESS
In accordance with Fla. R. Jud. Admin. 2.516(b)(1)(a), the undersigned attorney for the
Plaintiff hereby designates FLpleadings@mwe-law.com as their primary e-mail address.
McCabe, Weisberg & Conway, LLC
3222 Commerce Place, Suite A
West Palm Beach, FL 33407
Telephone: (561) 713-1400 / Fax: (561) 713-1401
Primary Email: FLpleadings@mwe-law.com
g Stn
By
Craig Stein, Esq.
Florida Bar No. 0120464
Page 5 of 5
File #: 22-400493
EXHIBIT A
vo oo - Servicing Numbe Date: 10/26/06
ADJUSTABLE RATE NOTE
(LIBOR Index - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY
MONTHLY PAYME! THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT
ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
9781 BRADLEY RD, JACKSONVILLE, FL 32246~-
[Property Address]
1 BORROWER'S PROMISE TO PAY
Im return for # Joan that I have received, 1 promise to pay U.S. $151,200.00 (this amount
is called “principal”), plus imerest, to the order of the Leader. The Lender is
Option One Mortgage Corporation, a fornia C poration
T understand that the Lender may transfer this N The Lender or anyone who takes this Note by transfer and who is entitledto
eceive payments under this Note is called the ‘ote Holder."
2. INYEREST.
[eterest will be cberged on uupaid principal until the full amount of principal has been paid. Interest will be calculated
on the basig of a 12-mpnth year and a 30-day month. I will pay interest at a yearly rate of 7, S508 ‘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
Gescribed in Section 7(B) of this Note.
3 PAYMENTS
(A) Time and Placeof
I will pay principal and interest by making payments every month
Twill make sny monthly payments on the Grst day of each month beginning on December 01 5 2006
I will make these payments every month w Thave paid el) 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, o9,
November 01 2036 , Tatill owe amounts under this Note, I will pay those amounts in full on tat
date, which is called the "Maturity Date.
I will make my monthly payments at Option One Mortgage Corporation
P.O, BOX 92103 LOS ANGELES CA 90009-2103
or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $1,062.39 ‘This amoust may change,
(©) Monthly Payment Changes
Changes in my aoathly payment will reflect changes in the unpaid principal of my Joan and in the interest rate that ] nmaust
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.
(D) Application of
Payments received by die Note Holder wil! be applied in the following order: (i) prepayment charges due under Note;
(ii) amounts payable under paragraph 2 of the Security Instrument (defined below); (iti) Interest due under this Note; (iv) principal
due under this Note; and (v) late charges due under this Note.
4 INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
‘The interest rate 1 will pay may change on the first day of November 01 2008
and on that day every sixth month thereafter. Each date on which my interest rate could cbange is called hange Date
3) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank
offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street
Journal, The most recent Index figure available as of the first business day of the moath immediately preceding the month in which
the Change Date occurs 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 Nole Holder will give me notice of this choice
(C) Calculation of Changes
Hefore each Change Date, the Note Holder will calculate my new interest rate by adding
FIVE AND 60/100 percentage point(s) ( 5.600% »
(o the Current Index. The Note Holder will then round the result of this addition to the next higher one-cighth of one perventage
poiat (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 I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantiall
payments, The result of this calculation will be the new amount of my monthly payment.
tp
PLORIDA ADJUSTABLE RATB NOTE-LIBOR INDEX - Single Pansily
t
Page1 of 3 FLNTOO21. wp (09-28-06)
Loan, Nurser; Servicing Number: Dute: 10/26/06
(@) Limits on Interest Rate Changes
‘The interest cate I am required to pay at the first Change Date will not be gecater than 50% or less than
than one
7.550% . Thereafter, my interest rale will never be increased or decreased on any single Change Date by more
percentage point (1.0%) from the rate of interest | have beea paying for the preceding six moaths, Ia ao event will my interest rate
be greater than 13,550% or less an, 7.550%
(B) Effective Date of Changes
My new interest rate will become effective ou 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.
(F) Notice of Changes
The Note Holder will deliver or mail to me notice of any changes in my in st 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 aumber of a person who will answer any question } may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
Thave the right to make payments of Principal at any time before they arc due, together with accrued interest. A payment
of Principal only is knownas a "Prepayment." When I make a Prepayment, I wil! tell the Note Holder in writing thet } am doing
so. I may not designate a peyment as a prepayment if I have not made all the monthly payments due under this Note.
Tay make a {ull Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayrients to reduce the amount of Principal that ! owe under this Note. However, the Note Holder may apply my Prepayiment
to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment 10 reduce the Principal amount af
the Note, If make a partial Prepayment, there will be no changes in the due date or io the amount of my monthly payment unless
the Note Holder agrees in writing to those changes.
*** PREPAYMENT CHARGE NOTE ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF ***
6. LOAN CHARGES
Ifa 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 io the permitted limit; and (ii) any sums already collected from me which
‘exceeded permitted limits will be refuuded 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 @ refund reduces principal, the reduction will be treated sn 2 partial
prepayment.
@ BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue
If the Note Holder bas not received the full amount of any monthly payment by the end of as calendar days
after the dete it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 6.c008
of my overdue payment of principal and interest. { will pay this late charge promptly but only once on each late payment,
B) Default
If 1 do not pay the full amountof each monthly payment on the date it is due, 1 will be in default, If T wm in default, the
Note Holder may require me to pay immediately the full amount of principal which bas not been paid and all interest that 1 owe
on thet amount, together with any otber charges that [ owe under this Note or the Security Instrument, except as otherwise required
by applicable taw.
(© No Waiver by Note Holder
Even if, at atime when I am default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the rigt nt to do so if | am ia default at a later time.
(D} Payment of Note Holder's Costs and
[f the Note Holder has required me to pay inymediately in full as described above, the Note Holder wlll have the tight to
be paid back by me for all of its costs and expenses In enforcing this Note to the extent ot probibited by applicable law, whether
or not a lawsuit is filed, 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 al the Property Address above or at a different address if I give the Note
Holder a notice of my different address,
‘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 1 am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If mote than one person signs Usis Note, each person is fully and personally obligated to keep all of the promises mage
in this Note, including the promise to pay the fuli ammount owed. Any person who is & guarantor, surely or endorser of this Note
is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or 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 requiredto pay
all of the amounts owed under this Note.
ale
Page 2 of 3 16022. wp (09-28-06)
Loar: Nurbes Date: 10/26/06
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 dishosor* means the right
lo require the Note Holder to give notice to other persons that amounts due have nat been paid.
uu. SECURED NOTE,
In addition to the protections given to the Note Holder under this Nore, 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 which might result if 1 do
not keep the promises that I make in this Note, ‘That Security Instrument describes how and under what conditions { may be required
to make immediate payrneat in full of all emounts { ewe under this Note, Some of those conditions are described as follows:
‘Transfer of the Property or a Beneficial Interest in Borrower. If all or any partof the Property or any interest in it is sold
or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower ig not a natural person) without Lendes'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 Joan were being made to the transferee; and (b) Lender reasonably determines
that Lender's security will not be imupaired by the loan assumption and thal the risk of a breach of any covenant or agreement iv
this Security Instrument is acceptable to Lender.
To the extent permitted by applicable law, Lender may charge # reasonable fee as a condition to Lender's consent to the
joan assumption, Lender may alsa require the transferee (0 sign an assumption agreement that is acceptable to Lender and that
obligates the traouferee to kexp all the promises aud agreements made in the Note and in this Security Instrument, Bortower will
continue to be obligated under the Note and this 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 inyoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
12. DOCUMENTARY TAX
‘The state documentary tax due on this Note has been paid on the Mortgage securing this indebtedness,
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
battle Ei maui (Seah) (Sealy
SER ‘SUMMERS “Borrower “Borrower
(Seal) Sealy
‘Borrower “Borrower
(sen (Seal)
Borrower “Borrower
(Sign Original Only]
Page
3 of 3 FLNT0023.wp (09-28-06)
von Number: Servicing Number:
ra Date: 10/26/06
ALLONGE TO NOTE
(INVESTOR)
This allonge makes reference to the following Note:
Borrowers Uy SUMMERS
Loan
Property Address: 9781 BRADLEY RD, JACKSONVILLE, FL 32246-
Loan Amount: $151,200.00
Note Date: 10/26/06
Therefore, in reference to the captioned note, the following applies:
Pay to the order of:
Without Recourse
Option One Mortgage Corporation
A California Corporation
\
/)
By: _A | Lu j A's p S| ny
Dana “Shoemaker
Assistant Secretary
Page I of | USD3050. wp (03-14-03)
(ou uote serene Norse Date: 10/26/06
PREPAYMENT CHARGE NOTE ADDENDUM
For value received, the undersigned (the "Borrower" agree(s) that the following provisions shall be
incorporated into and shall be deemed to amend and supplement the Note made by the Borrower in favor
of Option One Mortgage Corporation, a California Corporation
(the Lender"), and dated as of even date herewith (the "Note"). To the extent that the provisions of this
Prepayment Charge Note Addendum (the "Addendum") are inconsistent with the provisions of the Note, the
provisions of this Addendum sball prevail over and shall supersede any such inconsistent provision on the
Note
Section 5 of the Note is amended to read in its entirety a3 follows:
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." When I make a Pull
Prepayment or Partial Prepayment, | will tell the Note Holder in writing that I am doing 0.
Tf within 24 Months from the date of execution of the Security Instrument 1
make a Pull Prepayment or Partial Prepayment, I will at the same time pay to the Note
Holder a prepayment charge. In no cvent will such a charge be made if it is expressly
prohibited by state or federal Jaw. The prepayment charge will be cqual to 3.000% (three
percent) of the amount prepoid at the time of prepayment, if the loan is prepaid during the
first year; 2.000% (two percent) of the amount prepaid at the time of
prepayment, if the ioan is prepaid during the second year, 9.000% (zero percent)
of the amount prepaid at the time of prepayment, if the loan is prepaid during the third year.
Pittiloce Seumonowt 626-06
Borrower BETTYLOU SUMMERS Date Borrower Date
Borrower Date Borrower Date
Borrower Date Borrower Date
MULTISTATE PREPAYMENT CHARGE NOTE ADDENDUM - ADJUSTABLE RATE
Page 1 of 1 USPL021.wp (09-28-06)
EXHIBIT B
Doc # 2006386116 OR BK 13624 Page 1223 Number Pages 12 Filed & Recorded
11/06/2006 at 02:01 PM SIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING
$103.50 MORTGAGE DOC ST $529.20 INTANGIBLE TAX $302, 40
~~ ie
WIN RECORDED MAILTO,
‘4500 Suiseuer
AD, 190
JACKSONVILLE, FL 32216
Preperedby:
corporat rou .
cue, 190:
ss rr
Loss Nusbe|
ServicingNi
Aor Tl ee Fr acer Dan
(ORTGAGE
‘THIS MORTOAGE ("Security Incrumen) is preoa October 26, 2006 ‘The mortgagorib
BETFYLOU STORE, AN TWMAKRIED PAE SCH
whore address iv 9781 BBADLSY BD, JACRSOAVEDLM, Mh 92246
("Borer")
Th Secor [neta lx fren
Option one Mortgage Comoration, & Californie Corporation
‘whic organizedwad of CALEFORNEA 0d whee addr
3 Ada, Irvine, 97618 (Lasder’)
Bocrower ower Lander the privclpal mum of OE BUNGRED FIYTY cA THOUBAMD TWO KuNDRED
\ “AMD WO/290THa Dollars (U.S.£154,200 .00 >
“Tala debt a evinced by Borrower's note detcd the nae dae a1 tit Sealy astnemen {*Nole"), which provides
{or atly pm, wt el6 at pd eer, wd prec. ovens. 2036
secre tu Leader: (4) the of he dace by the Mote, with interest,and
Mi rarou” cous tod oafcens ef be Nos) te prt al or sa, wit rem, ros
under paragraph 7 to protec: De mcurty of dou Securty Instrument; md (c) the performance of Borrower's
cowensols sod agrecaicts uater tle Secirky [natant aa! the Nok. For this purpose, Boremer dose herby
Torigage, brant and coavey to Lender the flowing described property localed lt Duval
Ce
3: 55-2¢-25-278
SWE LBOAL DESCRIPTION ATTACKED HERETO AND MADE X PART THOGIROT,
‘wold hae the ackrensof 9782 BRADLEY RD, INCRBONY TOE
(iren on,
Provide gaaae- (Progeny Addrem
ais
(ay Gos
TOOBTHER WITH ie tnprovanent tow or heer eid he prepay, wd ll net
sppurenances, sad fatires mow of haceaher a par of De property. All rplacerectsmit loon sult alas be
‘ieee wien, ei sa ey 1(08 “Property,”
|OWER COVENANTS tht Borrower Ut ewfully seed of the eras hereby exeveyot ast! has Co
gene (ent and convey te Propecty aad Ua! ibe Propeny ls snencwrcberad, except fot eucunabraacce
af record Borrower warrant acs! will defeed) peneraly we Vite to the Property agaisat all cluizw aad demas,
mabject to my earusbncees of recon.
vty PLDI @vi809
Pete
OR BK 13624 PAGE 1224
a COVENANTS, Borowor sof Lender comet
Dee:10/26/96
pry who
1. Paynes of Prizetal end Enerest; Prepeyssest and Le Casyes. Borro shall proagalywer
due the principal of and Interest on the debt evidenoed by tbe Nowe and ay prepay meat rod tate cbaryam Cue coer
the Nowe. waiver by Lender, Borrower
"2 Pern for Tees wed Yasurece, Sbject to applicable lawthe ovNove,10 4 wrists wail Owe Note ls paid in fll, « rome
Yo Leacier 0c the dey monthly peymmres av dae under
(Rants) for: (0) year taxes 1 thea 08 the Property: () yearly
oseeurnets which muy atin priority over wis
leaatald paymenia or ground rets on the Property. i xy, (2) yealy hazard or 1 prupeny iararacke press, (4)
‘yeaty Dood lnvarwoce premasns, (227; |(yearly Sorgage rarest Af wy a0 (P) any sua payable
by Becrower to Lenter, fo ‘provisiogs of paragrapt &, 2 ilew of the payment of morgage
leceance prentums Theve fer art called “Escrow lier,” Lender may, 1 my tie, collet ealteayFoldrequire Pus ta
for
fan umount tot fo exceed the matimain acaustReal + Ease lender for a federally relied mortgage Lown ws srnended {ion tine
Borrower's ‘tecorat under the frderal Setecnent Procedures Act of 1774
ta lun, 12 U.S.C. 2601 ef ary, (*RESPA" uslens maocher
), Ln thal apes the Fruase sou 4 lus amount,
fv, Lender tay, at any tare, collins art hold Pande ian ect 0 to exceed the lesser amount. Leer oy
fealaute the areutt of Pands due oa the bats of cureat dats so eosin eso npn ff
Roerow [xara or otherwive to axcordance sith applicable
"The Pusda shall be held In am tnniouion who depenin anyare Feral icwured by « faecal agony, naenacentaly,
or endity (inching |Lenser, (Lender is rach x3 trains) orBorrower Home Loan Hank. Lender shall wy
the Puede to pay the Kacrow theres.| Lender cay tot Charge for tolding and epplying the Pua asilty
nalyricg the encrow acount, of veitying the Eacrow hero, ucless Leader payn Borrower interet on the Punts
‘ad applleable law permits Lender to enake nach a charge, service Honeeves, Lender ray require Borver 0 pay 2
charge foe a eal erate tax wed by Lender ie ‘with th He,
fleas applicable law provides otherwise. Uslea a5 anyagreement is made or applicable ew requires micro be
‘pel, Lemler stall not be interot 9 the Pate ‘aed Leader
may agree is writing, bowers, ‘hat lscerent thal becrits past ow the Foads Larder dull give io Dorrowes. witha
ee a aeccusting of thePonds, owing ed debs wo the Ponds sod the purpore for which rack
‘Sebi wo he Ponda wa sande. "The Ponte ace pledged ws adéaicnal aecurity for all meme secured by thes Security
if the Pale held by Lenser excend the ents persed to be ted by aplicable Me Ww, Lender sball
secoust to Borrower for the exces Funds ia scondance wi the reqciremenstof appt feable acest of
pry the Userow Hema
the Panis held by Leader a 307 fine i fet vulficestenallfo pay la Lender the emcast oxcenery to male when da. Lene may 10rnatify
Borrveer lo wriung. and, i wich cae ‘Rocowe: 9 be
dal cabs « the = 12 no oore thas tecive yy payment, a Lender'sste
la All of al sas securnd by this Security Inegrameet, Lender shall promyy refund 10
Borrower txy Panda belt by Leder. lf, water pengne® 21, Ler sal scguice ot ell the Property, Lender,
prioe to the acqution or ale of the Property, shel apply 427 Pande beld ty Lender 1 the lire of aequsiton oF
{ale os « ervat agains the aura secured by 4 ‘providen aa by Lrnter
cate perf 2a aball be apptied:Us fet, to any perpayrmect charges thar under the Note; secoed, to acount
ere ote pear 2: it, © nucreat dae: four, to peacipal due: aed les, 10 aay late charges due wader
shall pay al taxes, charges, fees and au tvoanble
tthe Property whke cay atain priority overia this Sccuity laxrumect, eed loasebold paymect or ground es,
Wasp. Dorrower shall pay these obligations the toner peovias in paragrap 2. te paid In hat macper,
‘pry thes on te direc to the persos romp flmiuh to Leader
‘ul pices of eriovess to be pad wack ths paragrapD. I(herrewer maker three paymec ciretiy, Borrower shell
(promtly furish to Lender recep evalencing the pa ‘walh hes prlochy over this Secumty Lnararent stow
Rorrower (4) agreealla writingprompaly10 dacharge
tke paymentany of icathe obi tes acars acepiabie (@
Lender e enctete i got BathteDreveet len by, of Sefer agatzut tetovenen fe te in, legalthe proceedings sich
1g the Leader's opinion operate tvtontisuiag ibe enforcement ef we Lea; of (¢) secures from Boléer of the tet
wo Lender te lento whut Secuicy Insurer. f Lenser determunes that ety
part of he Property in wubyct 10 2 lieo Rerrover which may wasn ‘ove: this Security Hestrument, Lender may B1ve
Borrower » notice Wentifying be shal uilafy the lie of take one ot mate of the actoas vet forth
shove withla 10 days of the glrtag of notice.
pe rare Ppwiinio0D
OR BK 13624 PAGE 1225
ve a
5, Eimsnd cx Property loecrasce. Borrower sbail keep the
Dacre /a6/06
pow existing or hevealter crested
‘on the Property insured agaist lou by fir, hazards included withininssrance. the term ‘extcatel coversge” wad any other
bazar, tncladiag Boots or flooding, for wbicd Leader requires TRss tszurasce thal be tanzania
the arcunis and forthe periads that Lender requires. The nnurance carier providing tt Tnarance wall be hse
ta to:
y abject to Lender's ‘wbdch eball not be
coverage describes above, Leader tay, Lender's optics, o&aln coverage to protect Lender's right in the
Property in nocartance sth
‘Al inwurioee 1 cae Gal be wart Lite al tate 3 manta mone
duane, Lender hull bave dhe tight to bold the policies and resewals. If Lender requires, Borrowertallskalgiveprompdy prongs
ve 1 Lender all receipts of paid premium and ceoewal notice.proofIn theof loueventIf efnot tout,cute Borrower
promey ty Borower.
otk to the fasarasce carrie Lender. Lendes may make Law oxherwise uit,
Unless Lender sn ‘iberwive agree wring. of
shal be appliad firm wo Leades for cor wot {acuered 1 connection with obiarang tay
kad theo, a Lender's optinn, ia wach order ah a Lenser may determine (8
les wile we absolute discretion, regen of cay inpauinaed rach
of wecuriy ot lick theret:(()t0 be nurse secs
compocenta there at Lender sary devrrmexe 12
ty this Securlty Iutrotaent, whether 0¢ tek hen due, aad to
ih vole and sbwoluis dieredoa, andlor (il) to Borrower 19 pey the cowsseerandabuplocs expexace of uccxanary sepairs of
restoruioa of the Property 4a « cwatives etutactory 1 Lanter. Uf that the lnmurarce carrer bas offered to vette
Propeny, of docs uxt answer whibia 30 days & rodke[Le
Preview
16-2024-CA-001685-AXXX-MA Div: CV-A Filing # 195187964 E-Filed 04/01/2024 01:03:08 PM FC-A IN THE CIRCUIT COURT OF THE 4TH JUDICIAL CIRCUIT TIN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-2, ASSET-BACKED CERTIFICATES SERIES 2007-2, Plaintiff, VS. BETTYLOU SUMMERS A/K/A BETTY L. SUMMERS A/K/A BETTY LOU SUMMERS; UNKNOWN SPOUSE OF BETTYLOU SUMMERS A/K/A_ BETTY I SUMMERS A/K/A BETTY LOU SUMMERS; CITY OF JACKSONVILLE, FLORIDA, Defendant(s). / VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE Plaintiff, Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007-2, Asset-Backed Certificates, Series 2007-2 hereinafter referred to as (“Plaintiff”), sues the Defendants, Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers, Unknown Spouse of Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers and City of Jacksonville, Florida, (hereinafter referred to as “Defendants”), and alleges: COUNT I- MOR AGE FORECLOSURE 1 This is an action to foreclose a mortgage on real property in Duval County, orida. 2 The Court has jurisdiction over the subject matter. 3 On or about October 26, 2006, Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers, executed and delivered a promissory note (hereinafter referred to as the “Note”). A copy of the Note is attached hereto as "Exhibit A". Page f of 5 File #: 22-400493 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/01/2024 04:41:28 PM 4 On or about October 26, 2006, Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers executed and delivered a mortgage (hereinafter referred to as “Mortgage”) securing payment of the Note to Option One Mortgage Corporation. The Mortgage was recorded on November 6, 2006, in Official Record Book 13624, at Page 1223, of the Public Records of Duval County, Florida, and encumbered the property described in the Mortgage then owned by and in possession of the mortgagor. A copy of the Mortgage is attached hereto as "Exhibit B". 5 Said Mortgage was modified by virtue of a Home Affordable Modification Agreement with an effective date of October 1, 2013, a copy of which is attached hereto and incorporated herein as "Exhibit C". 6 Said Mortgage was modified by virtue of a Loan Modification Agreement recorded on January 18, 2023, in Official Record Book 20555, at Page 1615, of the Public Records of Duval County, Florida, a copy of which is attached hereto and incorporated herein as "Exhibit D". 4 7 Said Mortgage was modified by virtue of a Loan Modification Agreement with an effective date of August 1, 2023, a copy of which is attached hereto and incorporated herein as "Exhibit E". 8 The Mortgage of Plaintiff is a lien superior in dignity to any prior or subsequent right, title, laim, lien or interest arising out of mortgagor(s) or the mortgagor(s)' predecessor(s) in interest. 9 Plaintiff is the holder of the original Note secured by the Mortgage and is entitled to foreclose pursuant to Florida Statute 673.3011(1). 10. PHH Mortgage Corporation ("PHH") is the loan servicer for this particular loan. Plaintiff has delegated PHH Mortgage Corporation, the authority to service the loan on its behalf pursuant to a Limited Power of Attorney. A copy of the Limited Power of Attorney being attached hereto as "Exhibit F". age 2 of 5 File #: 22-400493 I. Defendant(s) have defaulted under the Note, Mortgage and Loan Modification(s) by failing to pay the payment due as of October 1, 2023, and all subsequent payments. The loan remains in a continuous state of default. 12. Plaintiff declares the full amount payable under the Note and Mortgage to be due, except to the extent any part of that amount is or would be subject to a statute of limitations defense. 13. Defendant(s) owe Plaintiff $149,288.42, which includes a deferred principal balance in the amount of $2,628.34, that is due and owing on principal on the Note and Mortgage, plus interest from and after September |, 2023, and title search expenses for ascertaining necessary parties to this action, pursuant to the documents attached, except for those defendants who have been discharged in bankruptcy. 14, In order to protect its security, Plaintiff may have advanced and paid Ad Valorem Taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be required to make such advances during the pendency of this action. Any such sum so paid will be due and owing to Plaintiff. 15. The property is now owned by Defendant(s) Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers, and the record legal title to said mortgaged property is now vested in Defendant(s) Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers. 16. All conditions precedent to the acceleration of this Mortgage Note and foreclosure of the Mortgage have occurred. Ie Plaintiff is obligated to pay Plaintiff's attorneys a reasonable fee for their services. Plaintiffis entitled to recover its attorneys’ fees pursuant to the express terms of the Note and Mortgage. 18. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and subject to the prior claim of Plaintiff. Page 3 of 5 File #: 22-400493 19. Defendant, Unknown Spouse of Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers, may have or claim an interest in the property that is the subject of this foreclosure action by virtue of homestead rights, possession or any right of redemption, or may otherwise claim an interest in the property, but any such right, title or interest in and to the real property is junior subordinate, and inferior to the lien of the Plaintiff's Mortgage. 20. Defendant, City of Jacksonville, Florida, may claim some right, title, or interest in the property herein sought to be foreclosed by virtue of an Order Assessing an Administrative Fine Until Compliance is Achieved recorded on November 30, 2021, in Official Records Book 20033, at Page 1125, of the Public Records of Duval County, Florida, or some other unknown interest, the exact nature of which is unknown to the Plaintiff and not a matter of public record However, said interest, if any, is subject and inferior to the lien of Plaintiff's Mortgage. 2s Any and all unknown parties claiming by, through, under, and against the herein named individual defendant(s) who are not known to be dead or alive, whether said unknown parties may claim an interest as spouses, heirs, devisees, grantees, or other claimants are joined as defendants herein. The claims of said defendants are subordinate, junior, and inferior to the interest of Plaintiff. WHEREFORE, Plaintiff demands judgment foreclosing the Mortgage, for costs (and, when applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay Plaintiff's claim, a deficiency judgment. Request that subject to any applicable statute of limitations, that the Court ascertain the amount due to Plaintiff for principal and interest on the Mortgage and Note and for late charges, abstracting, taxes, expenses and costs, including attorney's fees, plus interest thereon; that if the sums due Plaintiff under the Mortgage and Note are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy the Plaintiff's Mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2011); that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant Page 4 of 5 File #: 22-400493 named herein or hereinafter made a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents, issues, income and profits thereof, or in the alternative, order sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdiction of this action to make any and all further orders and judgments as-may be necessary and proper, including the issuance of a writ of possession and the entry of a deficiency judgment decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been discharged in bankruptcy. FLA. R. CIV. P. 1.115(e) VERIFICATION Under penalty of perjury, ! declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. March Executed on this __ day of , 2024, By: (sf. JacquelineS. Michaelsow Print Name: Jacqueline S. Michaelson Title: Contract Management Coordinator Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007-2, Asset-Backed Certificates, Series 2007-2 by its attorney-in-fact PHH Mortgage Corporation RE: Borrower: Bettylou Summers a/k/a Betty L. Summers a/k/a Betty Lou Summers Address: 9781 Bradley Rd, Jacksonville, FL 32246 File #: 22-400493 DESIGNATION OF PRIMARY E-MAIL ADDRESS In accordance with Fla. R. Jud. Admin. 2.516(b)(1)(a), the undersigned attorney for the Plaintiff hereby designates FLpleadings@mwe-law.com as their primary e-mail address. McCabe, Weisberg & Conway, LLC 3222 Commerce Place, Suite A West Palm Beach, FL 33407 Telephone: (561) 713-1400 / Fax: (561) 713-1401 Primary Email: FLpleadings@mwe-law.com g Stn By Craig Stein, Esq. Florida Bar No. 0120464 Page 5 of 5 File #: 22-400493 EXHIBIT A vo oo - Servicing Numbe Date: 10/26/06 ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYME! THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. 9781 BRADLEY RD, JACKSONVILLE, FL 32246~- [Property Address] 1 BORROWER'S PROMISE TO PAY Im return for # Joan that I have received, 1 promise to pay U.S. $151,200.00 (this amount is called “principal”), plus imerest, to the order of the Leader. The Lender is Option One Mortgage Corporation, a fornia C poration T understand that the Lender may transfer this N The Lender or anyone who takes this Note by transfer and who is entitledto eceive payments under this Note is called the ‘ote Holder." 2. INYEREST. [eterest will be cberged on uupaid principal until the full amount of principal has been paid. Interest will be calculated on the basig of a 12-mpnth year and a 30-day month. I will pay interest at a yearly rate of 7, S508 ‘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 Gescribed in Section 7(B) of this Note. 3 PAYMENTS (A) Time and Placeof I will pay principal and interest by making payments every month Twill make sny monthly payments on the Grst day of each month beginning on December 01 5 2006 I will make these payments every month w Thave paid el) 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, o9, November 01 2036 , Tatill owe amounts under this Note, I will pay those amounts in full on tat date, which is called the "Maturity Date. I will make my monthly payments at Option One Mortgage Corporation P.O, BOX 92103 LOS ANGELES CA 90009-2103 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $1,062.39 ‘This amoust may change, (©) Monthly Payment Changes Changes in my aoathly payment will reflect changes in the unpaid principal of my Joan and in the interest rate that ] nmaust 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. (D) Application of Payments received by die Note Holder wil! be applied in the following order: (i) prepayment charges due under Note; (ii) amounts payable under paragraph 2 of the Security Instrument (defined below); (iti) Interest due under this Note; (iv) principal due under this Note; and (v) late charges due under this Note. 4 INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates ‘The interest rate 1 will pay may change on the first day of November 01 2008 and on that day every sixth month thereafter. Each date on which my interest rate could cbange is called hange Date 3) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal, The most recent Index figure available as of the first business day of the moath immediately preceding the month in which the Change Date occurs 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 Nole Holder will give me notice of this choice (C) Calculation of Changes Hefore each Change Date, the Note Holder will calculate my new interest rate by adding FIVE AND 60/100 percentage point(s) ( 5.600% » (o the Current Index. The Note Holder will then round the result of this addition to the next higher one-cighth of one perventage poiat (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 I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantiall payments, The result of this calculation will be the new amount of my monthly payment. tp PLORIDA ADJUSTABLE RATB NOTE-LIBOR INDEX - Single Pansily t Page1 of 3 FLNTOO21. wp (09-28-06) Loan, Nurser; Servicing Number: Dute: 10/26/06 (@) Limits on Interest Rate Changes ‘The interest cate I am required to pay at the first Change Date will not be gecater than 50% or less than than one 7.550% . Thereafter, my interest rale will never be increased or decreased on any single Change Date by more percentage point (1.0%) from the rate of interest | have beea paying for the preceding six moaths, Ia ao event will my interest rate be greater than 13,550% or less an, 7.550% (B) Effective Date of Changes My new interest rate will become effective ou 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. (F) Notice of Changes The Note Holder will deliver or mail to me notice of any changes in my in st 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 aumber of a person who will answer any question } may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY Thave the right to make payments of Principal at any time before they arc due, together with accrued interest. A payment of Principal only is knownas a "Prepayment." When I make a Prepayment, I wil! tell the Note Holder in writing thet } am doing so. I may not designate a peyment as a prepayment if I have not made all the monthly payments due under this Note. Tay make a {ull Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayrients to reduce the amount of Principal that ! owe under this Note. However, the Note Holder may apply my Prepayiment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment 10 reduce the Principal amount af the Note, If make a partial Prepayment, there will be no changes in the due date or io the amount of my monthly payment unless the Note Holder agrees in writing to those changes. *** PREPAYMENT CHARGE NOTE ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF *** 6. LOAN CHARGES Ifa 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 io the permitted limit; and (ii) any sums already collected from me which ‘exceeded permitted limits will be refuuded 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 @ refund reduces principal, the reduction will be treated sn 2 partial prepayment. @ BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue If the Note Holder bas not received the full amount of any monthly payment by the end of as calendar days after the dete it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 6.c008 of my overdue payment of principal and interest. { will pay this late charge promptly but only once on each late payment, B) Default If 1 do not pay the full amountof each monthly payment on the date it is due, 1 will be in default, If T wm in default, the Note Holder may require me to pay immediately the full amount of principal which bas not been paid and all interest that 1 owe on thet amount, together with any otber charges that [ owe under this Note or the Security Instrument, except as otherwise required by applicable taw. (© No Waiver by Note Holder Even if, at atime when I am default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the rigt nt to do so if | am ia default at a later time. (D} Payment of Note Holder's Costs and [f the Note Holder has required me to pay inymediately in full as described above, the Note Holder wlll have the tight to be paid back by me for all of its costs and expenses In enforcing this Note to the extent ot probibited by applicable law, whether or not a lawsuit is filed, 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 al the Property Address above or at a different address if I give the Note Holder a notice of my different address, ‘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 1 am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If mote than one person signs Usis Note, each person is fully and personally obligated to keep all of the promises mage in this Note, including the promise to pay the fuli ammount owed. Any person who is & guarantor, surely or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or 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 requiredto pay all of the amounts owed under this Note. ale Page 2 of 3 16022. wp (09-28-06) Loar: Nurbes Date: 10/26/06 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 dishosor* means the right lo require the Note Holder to give notice to other persons that amounts due have nat been paid. uu. SECURED NOTE, In addition to the protections given to the Note Holder under this Nore, 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 which might result if 1 do not keep the promises that I make in this Note, ‘That Security Instrument describes how and under what conditions { may be required to make immediate payrneat in full of all emounts { ewe under this Note, Some of those conditions are described as follows: ‘Transfer of the Property or a Beneficial Interest in Borrower. If all or any partof the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower ig not a natural person) without Lendes'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 Joan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be imupaired by the loan assumption and thal the risk of a breach of any covenant or agreement iv this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge # reasonable fee as a condition to Lender's consent to the joan assumption, Lender may alsa require the transferee (0 sign an assumption agreement that is acceptable to Lender and that obligates the traouferee to kexp all the promises aud agreements made in the Note and in this Security Instrument, Bortower will continue to be obligated under the Note and this 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 inyoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12. DOCUMENTARY TAX ‘The state documentary tax due on this Note has been paid on the Mortgage securing this indebtedness, WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. battle Ei maui (Seah) (Sealy SER ‘SUMMERS “Borrower “Borrower (Seal) Sealy ‘Borrower “Borrower (sen (Seal) Borrower “Borrower (Sign Original Only] Page 3 of 3 FLNT0023.wp (09-28-06) von Number: Servicing Number: ra Date: 10/26/06 ALLONGE TO NOTE (INVESTOR) This allonge makes reference to the following Note: Borrowers Uy SUMMERS Loan Property Address: 9781 BRADLEY RD, JACKSONVILLE, FL 32246- Loan Amount: $151,200.00 Note Date: 10/26/06 Therefore, in reference to the captioned note, the following applies: Pay to the order of: Without Recourse Option One Mortgage Corporation A California Corporation \ /) By: _A | Lu j A's p S| ny Dana “Shoemaker Assistant Secretary Page I of | USD3050. wp (03-14-03) (ou uote serene Norse Date: 10/26/06 PREPAYMENT CHARGE NOTE ADDENDUM For value received, the undersigned (the "Borrower" agree(s) that the following provisions shall be incorporated into and shall be deemed to amend and supplement the Note made by the Borrower in favor of Option One Mortgage Corporation, a California Corporation (the Lender"), and dated as of even date herewith (the "Note"). To the extent that the provisions of this Prepayment Charge Note Addendum (the "Addendum") are inconsistent with the provisions of the Note, the provisions of this Addendum sball prevail over and shall supersede any such inconsistent provision on the Note Section 5 of the Note is amended to read in its entirety a3 follows: 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." When I make a Pull Prepayment or Partial Prepayment, | will tell the Note Holder in writing that I am doing 0. Tf within 24 Months from the date of execution of the Security Instrument 1 make a Pull Prepayment or Partial Prepayment, I will at the same time pay to the Note Holder a prepayment charge. In no cvent will such a charge be made if it is expressly prohibited by state or federal Jaw. The prepayment charge will be cqual to 3.000% (three percent) of the amount prepoid at the time of prepayment, if the loan is prepaid during the first year; 2.000% (two percent) of the amount prepaid at the time of prepayment, if the ioan is prepaid during the second year, 9.000% (zero percent) of the amount prepaid at the time of prepayment, if the loan is prepaid during the third year. Pittiloce Seumonowt 626-06 Borrower BETTYLOU SUMMERS Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date MULTISTATE PREPAYMENT CHARGE NOTE ADDENDUM - ADJUSTABLE RATE Page 1 of 1 USPL021.wp (09-28-06) EXHIBIT B Doc # 2006386116 OR BK 13624 Page 1223 Number Pages 12 Filed & Recorded 11/06/2006 at 02:01 PM SIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $103.50 MORTGAGE DOC ST $529.20 INTANGIBLE TAX $302, 40 ~~ ie WIN RECORDED MAILTO, ‘4500 Suiseuer AD, 190 JACKSONVILLE, FL 32216 Preperedby: corporat rou . cue, 190: ss rr Loss Nusbe| ServicingNi Aor Tl ee Fr acer Dan (ORTGAGE ‘THIS MORTOAGE ("Security Incrumen) is preoa October 26, 2006 ‘The mortgagorib BETFYLOU STORE, AN TWMAKRIED PAE SCH whore address iv 9781 BBADLSY BD, JACRSOAVEDLM, Mh 92246 ("Borer") Th Secor [neta lx fren Option one Mortgage Comoration, & Californie Corporation ‘whic organizedwad of CALEFORNEA 0d whee addr 3 Ada, Irvine, 97618 (Lasder’) Bocrower ower Lander the privclpal mum of OE BUNGRED FIYTY cA THOUBAMD TWO KuNDRED \ “AMD WO/290THa Dollars (U.S.£154,200 .00 > “Tala debt a evinced by Borrower's note detcd the nae dae a1 tit Sealy astnemen {*Nole"), which provides {or atly pm, wt el6 at pd eer, wd prec. ovens. 2036 secre tu Leader: (4) the of he dace by the Mote, with interest,and Mi rarou” cous tod oafcens ef be Nos) te prt al or sa, wit rem, ros under paragraph 7 to protec: De mcurty of dou Securty Instrument; md (c) the performance of Borrower's cowensols sod agrecaicts uater tle Secirky [natant aa! the Nok. For this purpose, Boremer dose herby Torigage, brant and coavey to Lender the flowing described property localed lt Duval Ce 3: 55-2¢-25-278 SWE LBOAL DESCRIPTION ATTACKED HERETO AND MADE X PART THOGIROT, ‘wold hae the ackrensof 9782 BRADLEY RD, INCRBONY TOE (iren on, Provide gaaae- (Progeny Addrem ais (ay Gos TOOBTHER WITH ie tnprovanent tow or heer eid he prepay, wd ll net sppurenances, sad fatires mow of haceaher a par of De property. All rplacerectsmit loon sult alas be ‘ieee wien, ei sa ey 1(08 “Property,” |OWER COVENANTS tht Borrower Ut ewfully seed of the eras hereby exeveyot ast! has Co gene (ent and convey te Propecty aad Ua! ibe Propeny ls snencwrcberad, except fot eucunabraacce af record Borrower warrant acs! will defeed) peneraly we Vite to the Property agaisat all cluizw aad demas, mabject to my earusbncees of recon. vty PLDI @vi809 Pete OR BK 13624 PAGE 1224 a COVENANTS, Borowor sof Lender comet Dee:10/26/96 pry who 1. Paynes of Prizetal end Enerest; Prepeyssest and Le Casyes. Borro shall proagalywer due the principal of and Interest on the debt evidenoed by tbe Nowe and ay prepay meat rod tate cbaryam Cue coer the Nowe. waiver by Lender, Borrower "2 Pern for Tees wed Yasurece, Sbject to applicable lawthe ovNove,10 4 wrists wail Owe Note ls paid in fll, « rome Yo Leacier 0c the dey monthly peymmres av dae under (Rants) for: (0) year taxes 1 thea 08 the Property: () yearly oseeurnets which muy atin priority over wis leaatald paymenia or ground rets on the Property. i xy, (2) yealy hazard or 1 prupeny iararacke press, (4) ‘yeaty Dood lnvarwoce premasns, (227; |(yearly Sorgage rarest Af wy a0 (P) any sua payable by Becrower to Lenter, fo ‘provisiogs of paragrapt &, 2 ilew of the payment of morgage leceance prentums Theve fer art called “Escrow lier,” Lender may, 1 my tie, collet ealteayFoldrequire Pus ta for fan umount tot fo exceed the matimain acaustReal + Ease lender for a federally relied mortgage Lown ws srnended {ion tine Borrower's ‘tecorat under the frderal Setecnent Procedures Act of 1774 ta lun, 12 U.S.C. 2601 ef ary, (*RESPA" uslens maocher ), Ln thal apes the Fruase sou 4 lus amount, fv, Lender tay, at any tare, collins art hold Pande ian ect 0 to exceed the lesser amount. Leer oy fealaute the areutt of Pands due oa the bats of cureat dats so eosin eso npn ff Roerow [xara or otherwive to axcordance sith applicable "The Pusda shall be held In am tnniouion who depenin anyare Feral icwured by « faecal agony, naenacentaly, or endity (inching |Lenser, (Lender is rach x3 trains) orBorrower Home Loan Hank. Lender shall wy the Puede to pay the Kacrow theres.| Lender cay tot Charge for tolding and epplying the Pua asilty nalyricg the encrow acount, of veitying the Eacrow hero, ucless Leader payn Borrower interet on the Punts ‘ad applleable law permits Lender to enake nach a charge, service Honeeves, Lender ray require Borver 0 pay 2 charge foe a eal erate tax wed by Lender ie ‘with th He, fleas applicable law provides otherwise. Uslea a5 anyagreement is made or applicable ew requires micro be ‘pel, Lemler stall not be interot 9 the Pate ‘aed Leader may agree is writing, bowers, ‘hat lscerent thal becrits past ow the Foads Larder dull give io Dorrowes. witha ee a aeccusting of thePonds, owing ed debs wo the Ponds sod the purpore for which rack ‘Sebi wo he Ponda wa sande. "The Ponte ace pledged ws adéaicnal aecurity for all meme secured by thes Security if the Pale held by Lenser excend the ents persed to be ted by aplicable Me Ww, Lender sball secoust to Borrower for the exces Funds ia scondance wi the reqciremenstof appt feable acest of pry the Userow Hema the Panis held by Leader a 307 fine i fet vulficestenallfo pay la Lender the emcast oxcenery to male when da. Lene may 10rnatify Borrveer lo wriung. and, i wich cae ‘Rocowe: 9 be dal cabs « the = 12 no oore thas tecive yy payment, a Lender'sste la All of al sas securnd by this Security Inegrameet, Lender shall promyy refund 10 Borrower txy Panda belt by Leder. lf, water pengne® 21, Ler sal scguice ot ell the Property, Lender, prioe to the acqution or ale of the Property, shel apply 427 Pande beld ty Lender 1 the lire of aequsiton oF {ale os « ervat agains the aura secured by 4 ‘providen aa by Lrnter cate perf 2a aball be apptied:Us fet, to any perpayrmect charges thar under the Note; secoed, to acount ere ote pear 2: it, © nucreat dae: four, to peacipal due: aed les, 10 aay late charges due wader shall pay al taxes, charges, fees and au tvoanble tthe Property whke cay atain priority overia this Sccuity laxrumect, eed loasebold paymect or ground es, Wasp. Dorrower shall pay these obligations the toner peovias in paragrap 2. te paid In hat macper, ‘pry thes on te direc to the persos romp flmiuh to Leader ‘ul pices of eriovess to be pad wack ths paragrapD. I(herrewer maker three paymec ciretiy, Borrower shell (promtly furish to Lender recep evalencing the pa ‘walh hes prlochy over this Secumty Lnararent stow Rorrower (4) agreealla writingprompaly10 dacharge tke paymentany of icathe obi tes acars acepiabie (@ Lender e enctete i got BathteDreveet len by, of Sefer agatzut tetovenen fe te in, legalthe proceedings sich 1g the Leader's opinion operate tvtontisuiag ibe enforcement ef we Lea; of (¢) secures from Boléer of the tet wo Lender te lento whut Secuicy Insurer. f Lenser determunes that ety part of he Property in wubyct 10 2 lieo Rerrover which may wasn ‘ove: this Security Hestrument, Lender may B1ve Borrower » notice Wentifying be shal uilafy the lie of take one ot mate of the actoas vet forth shove withla 10 days of the glrtag of notice. pe rare Ppwiinio0D OR BK 13624 PAGE 1225 ve a 5, Eimsnd cx Property loecrasce. Borrower sbail keep the Dacre /a6/06 pow existing or hevealter crested ‘on the Property insured agaist lou by fir, hazards included withininssrance. the term ‘extcatel coversge” wad any other bazar, tncladiag Boots or flooding, for wbicd Leader requires TRss tszurasce thal be tanzania the arcunis and forthe periads that Lender requires. The nnurance carier providing tt Tnarance wall be hse ta to: y abject to Lender's ‘wbdch eball not be coverage describes above, Leader tay, Lender's optics, o&aln coverage to protect Lender's right in the Property in nocartance sth ‘Al inwurioee 1 cae Gal be wart Lite al tate 3 manta mone duane, Lender hull bave dhe tight to bold the policies and resewals. If Lender requires, Borrowertallskalgiveprompdy prongs ve 1 Lender all receipts of paid premium and ceoewal notice.proofIn theof loueventIf efnot tout,cute Borrower promey ty Borower. otk to the fasarasce carrie Lender. Lendes may make Law oxherwise uit, Unless Lender sn ‘iberwive agree wring. of shal be appliad firm wo Leades for cor wot {acuered 1 connection with obiarang tay kad theo, a Lender's optinn, ia wach order ah a Lenser may determine (8 les wile we absolute discretion, regen of cay inpauinaed rach of wecuriy ot lick theret:(()t0 be nurse secs compocenta there at Lender sary devrrmexe 12 ty this Securlty Iutrotaent, whether 0¢ tek hen due, aad to ih vole and sbwoluis dieredoa, andlor (il) to Borrower 19 pey the cowsseerandabuplocs expexace of uccxanary sepairs of restoruioa of the Property 4a « cwatives etutactory 1 Lanter. Uf that the lnmurarce carrer bas offered to vette Propeny, of docs uxt answer whibia 30 days & rodke[Le