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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CITIMORTGAGE, INC., CASE NO.
Plaintiff(s), DIVISION
vs.
DIANE W. ROUSE; UNKNOWN SPOUSE OF
DIANE W. ROUSE; CITIBANK (SOUTH
DAKOTA) N.A.; CITIMORTGAGE, INC.;
UNKNOWN TENANT 1, UNKNOWN TENANT
2, THE NAMES BEING FICTITIOUS TO
ACCOUNT FOR PARTIES IN POSSESSION,
Defendant(s).
VERIFIED COMPLAINT FOR RESIDENTIAL FORECLOSURE
Comes now, the Plaintiff, CITIMORTGAGE, INC. by and through the undersigned counsel, and
hereby sues Defendants, alleging:
COUNT ONE: FORECLOSURE
1. This is an action to foreclose a Mortgage on real property located in Hillsborough
County.
2. The subject Promissory Note (“Note”) dated October 10, 2002, was executed and
delivered to Plaintiff or Plaintiff's predecessor in interest. The subject Mortgage securing payment of the
Note was recorded on or about October 29, 2002, in Official Records Book 12051, at Page 0589, of the
Public Records of Hillsborough County, Florida, and mortgaged the subject real property then owned by
and in possession of the mortgagor(s). A copy of the subject Promissory Note and Mortgage are attached
hereto and incorporated herein.
3. 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.
4, Plaintiff is the holder of the Note and entitled to enforce the terms thereof as Plaintiff is
in possession of the original Note endorsed in blank.5. PAUL RICHARD ROUSE, DECEASED and DIANE W. ROUSE have defaulted under
the covenants, terms and agreements of the Note in that the payment due May 1, 2015, and all subsequent
payments have not been paid.
6. PAUL RICHARD ROUSE, DECEASED and DIANE W. ROUSE have breached the
covenants, terms and agreements of the Mortgage by virtue of failure to make the payments due under the
terms of the Note.
7. PAUL RICHARD ROUSE, DECEASED and DIANE W. ROUSE owe Plaintiff
$82,979.15 that is now due and owing on principal, plus interest from and after April 1, 2015 and title
search expenses for ascertaining necessary parties to this action.
8. In order to protect its security, the 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
Plaintiff.
9. The record legal title to said mortgaged property is now vested in Defendant(s), DIANE
ROUSE and upon information and belief Defendant(s) hold possession.
10. All conditions precedent to the acceleration of this Note and to foreclosure the mortgage
have been fulfilled and have occurred.
11." For purposes of foreclosure, the Plaintiff has retained the undersigned attorneys and is
obligated to pay said attorneys a reasonable fee for services rendered.
12. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior,
inferior and subject to the prior claim of Plaintiff. More particularly, the remaining Defendants claim
some right, title and interest in and to the mortgaged premises in the following manner:
a) The Defendant, UNKNOWN SPOUSE OF DIANE ROUSE, may claim some right, title
or interest in the property herein sought to be foreclosed by virtue of potential Homestead
rights or interests; however, said interests, if any, are subordinate, junior, and inferior to
the lien of Plaintiff's mortgage.b) The Defendant, CITIBANK (SOUTH DAKOTA) N.A., may claim some right, title or
interest in the property herein sought to be foreclosed by virtue of that certain Final
Judgment recorded in Official Records Book 20174, at Page 396 of the Public Records of
Hillsborough County, Florida; however, said interest, if any, is subordinate, junior, and
inferior to the lien of Plaintiff's mortgage.
c) The Defendant, CITIMORTGAGE, INC., may claim some right, title or interest in the
property herein sought to be foreclosed by virtue of that certain Mortgage recorded in
Official Records Book 16398, at Page 953 of the Public Records of Hillsborough County,
Florida and that certain Assignment of Mortgage recorded in Official Records Book
22110, at Page 673 of the Public Records of Hillsborough County, Florida; however, said
interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage.
d) The Defendants, UNKNOWN TENANT 1, UNKNOWN TENANT 2 the names being
fictitious to account for parties in possession, may claim some right, title or interest in the
property herein sought to be foreclosed by virtue of possession or some other unknown
interest, the exact nature of which is unknown to Plaintiff and not a matter of public
record; however, said interest, if any, is subordinate, junior, and inferior to the lien of
Plaintiff's mortgage.
WHEREFORE, Plaintiff prays the Court as follows:
Plaintiff requests that the Court ascertain the amount due Plaintiff for principal and interest on the
Note and Mortgage and for late charges, abstracting, taxes, expenses, and costs, including
attorney’s fees, plus interest thereon; that if the sums due Plaintiff under the Note and Mortgage
are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the
Property securing the indebtedness to satisfy Plaintiff's mortgage lien in accordance with the
provisions of Florida Statutes §45.031 (2006); that the Court retain jurisdiction of this action to
make any and all further orders and judgments as may be necessary and proper, including theissuance of a-writ of possession and the entry of a deficiency decree, unless any Defendant
personally liable is discharged from liability pursuant to the provisions of the Bankruptcy Code,
11 U.S.C. § 101, et.seq.
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing Verified Complaint for Residential
Foreclosure, and the facts alleged therein are true and correct to the best of my knowledge and belief.
Vice President- Document Control
Employed by CitiMortgage, Inc.
PLAINTIFF: CITIMORTGAGE, INC.
Date: SUS IPT
Aldridge Pite LLP
Attorney for Plaintiff(s)
1615 South Congress Avenue
Suite 200
Delray Beach, FL 33445
Phone: 561.392.6391 Pax: 561.392.6965
BALTES
Bie Bart tama Biju, Esa
FBN: (09031
PLEASE NOTE 15.U.S.C. §1692(G)(4) OF THE FAIR DEBT COLLECTIONS PRACTICES ACT
PROVIDES:
(d) Legal pleadings. A communication in the form of a formal pleading in a civil action shall
not be treated as an initial communication for purposes of subsection (a) of this section.some? 8 @ NOTE @ ® oan
> 1
OCTOBER 10 > 2002 TAMPA >» FLORIDA
Dae] [cig] Sax]
901 Hageard Road, Plant City, FLORIDA 33567.
[Propery Address}
1, BORROWER'S PROMISE TO PAY
Tt return. for a Joai that I have received, I promise to pay U.S. $135,000.00 (this amount is called “Principal"), plus
imerest,: to the order of the Lender. The Lender is UNITED CAPITAL MORTGAGE CORPORATION. I will make
“all payments under this Note'in the form of cash, check or money order.
I tnderstand 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. 1 will pay interest ar a
yearly rate of 6.125%.
‘The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Paymeitts
I will pay principal and interest by making a payment every month,
I will make my monthly payment on the 1ST day of exch month beginning on DECEMBER 1, 2002. 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. Each monthly payment will be applied. as of its scheduled due dare and will be applied to
interest before Principal. If, on NOVEMBER 1, 2017, I still owe amounts under this Note, I will pay those amounts in
full on that date, which is called the "Maturity Date.”
1 will make my monthly payments at 14001 EAST ILIFF AVENUE #701, DENVER, COLORADO 80014 or ata
different place if required by the Note Holder.
(B) Amount of Monthly Payments
‘My monthly payment will be in the amount of U.S. $1,148.35.
4, BORROWER'S RIGHT TO PREPAY
I have the right to make payments. of Principal at any time before they are due. A payment of Principal only is
Known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing thar I am doing so. I may
not designate a payment as-a Prepayment if [have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
use my, Prepayments to reduce the amount of Principal that I owe under this Noe. However, the Note Holder may apply
my Prepayment to ‘the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment 10 reduce
the Principal amount of the Note. If T make a partial Prepayment, there will be no changes in the due date or in the amount
of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum Joan charges, is finally interpreted so that the interest or
other Joan” charges collected or to be collected in connection with this Joan exceed the permitted limits, then: (a) any such
Joan charge shall be reduced by the amount necessary 1o reduce the charge to the permitted Limit; and (b) any sums already
collected. from me which exceeded permitted limits, will be refunded to me. The Note Holder may choose to make this
refund ty reducing the Principal I owe under this Nore or by making a direct payment to me. If a refund reduces
Principal, the reduction will be treated as a partial Prepayment.
6. BOIROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the fall amount of any monthly payment by the end of FIFTEEN calendar days
after the date fr is due, I will pay a late charge to the Note Holder. The amount of the charge will be §.0 % of my
overdue payment of principal and interest, I will pay this late-charge promptly but only once on each late payment.
(B) Default
If do not pay the fall amount of each monthly payment on the date it is due, I will be in default.
{© 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 a certain date, the Now Holder may require me to pay immediately the full amount of Principal which has not been
paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is
mailed to me.or delivered by other means.
(D) No Waiver By Note Holder
Even if, ata time when I am in default, the Note Holder does not require me io pay immediately in full as described
above, the Note Holder will still have the right to do so if [am in default at a later time.
‘borrover Qav~
FLORIDA FIXED RATE NOTE-Single Family~Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01
page 1 of2 pages)-_
* = 46) Payment off Note Holder'
@%. Expenses .
If the Note Holder has required me to pay immediately in, full as described above, the Note Holder will bave the right
to be paid back by me for ail of its costs and expenses in enforcing this Note to the extent not prohibited by. applicable
Jaw, Those expenses include, for example, reasonable antomeys’ fees.
7. GIVING OF NOTICES
Unless applicable Jaw requires a different method, any notice that must be given to me under this Nove will be given
by delivering it or ‘by nailing 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.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or 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] am given a
sotice of that different address.
8. 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 inthis Note, including the promise to pay the full amount owed. .Any person who is a guarantor, surety or endorser
of this Note'is also obligated to do these things. Any person who takes over these obligations, including the obligations of
@ guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce: its rights under this Note against each person individually or against all of us together. This means
that any one of us may be required to pay all of the amoumrs owed under this Note.
9. WAIVERS
1 and any other person who.bas 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.
10. UNIFORM SECURED NOTE.
‘This Note is a uniform instrument -with limited variations in some jurisdictions. In addition to the protections given
to thé 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 which might result if I do not keep the promises
which I make inthis Note. That Security Instrument describes how and under what conditions I may be required to make
immediaté payment in full of all amounts I owe under this Note. Some of those conditions are described as follows:
Tf all or ‘any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not 4 natural person and-a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediae payment in fall of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not Jess than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums
‘prior 10 the expiration of this period, Lender miay invoke any remedies permined by this Security Instrument
without-further notice or demand on Borrower.
11, 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.
(Seal)
Pani Richard-Rouse Borrower
SSN:
CD Rane (Seal)
~ Diane W. Rouse Borrower
sv: a
(Seal)
“Borner
SSN:
[Sign Original Only]
BUM TLORAS
WITHOUT RECOURSE PAY TO THE ORDER OF
———— PRINGIRAL RESIDENTIAL MORTGAGE, INC
UNITED CAPITAL MORTGAGE CORPORATION
ARKANSAS CORPORATION
‘WNTEOUT RECOURSE:
BY?
FLORIDA FIXED RATE NOTE-Singlé Family
/-Fannie Mae/Ereddie Mac, UNIFORM INSTRUMENT Form 3210 1/01
(oage 2 of 2 pages)Ke . wy / Nalestic TITLE OF RAL FLORIDA, INC. Se
© “Togs Date Hasna. N. SUITE 104 (Qamiaimamsmagasaie
ft TAMPA, FLORIDA 33618 Le
Prepared by: i . ‘ INSTR # 2002370329
OR BK 12051 PG 0589
RECORDED 10/83/2002 09:14 Ay
RICHARD XE CLERK OF COURT
HILLSBOROUSH COUNTY
DOC TAX PDF. S.201,08) 472,50
hfioe Recording Rewer Fo: TMT, TAX PDF.S,199) 270.00
DEPUTY CLERK Y Roche
UNITED CAPITAL MORTGAGE CORPORATION
14001 EAST ILIFF AVENUE #701
DENVER, CO 80014
{Space Above This Line For Recording Data)
en.
Words. used in multiple sections of this document’are defined below and other words are defined in Sections 3, 11, 13, 18. 20
and 21. Cerain rules regarding the usage of words used in this document are also provided in Section 16.
DEFINITIONS
(A) "Security Instrument” means this document, which is dated. OCTOBER. 10, 2002, together with all Riders wo this
document:
@) “Borrower” is Paul Richard Rouse and Diane W. Rouse Husband and Wife. Borrower is the mortgagor under this
Seourity Instrument.
(©) "MERS" is Mongage Electronic Registration Systems, Inc. MERS is 2 separate corporation that is aéting solely as a
nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is
organized. and existing under the laws of Delaware, and bas an address and telephone number of P.O. Box 2026, Flint, MI
48501-2026, tel. (888) 679-MERS. .
@) “Lender is UNITED CAPITAL MORTGAGE CORPORATION, Lender is a CORPORATION organized and existing
under the laws of ARKANSAS. Lender's address is 14001 EAST ILIFF AVENUE #701, DENVER, COLORADO 80014,
©) "Note" means the promissory note signed by Borrower and dated OCTOBER 10, 2002, The Note states that Borrower
owes: Lender ONE HUNDRED THIRTY-FIVE THOUSAND AND 00/100ths Dollars (U.S.$135,000.00) plus interest.
Borrower’ has. promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1,
2087. :
(F) "Property" means the property that is described below under the heading "Ttansfér of Rights in the Property."
() "Loin" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note,
and all sts due under this Security Instrument, plus interest,
(H) "Riders" means all Riders to this Security Instrument that: are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]: .
ClAdjustable Rate Rider CO Condominium Rider DSecond Home Rider
OBalloon Rider (OiPlanned Unit Development Rider DOther(s) [specify]
O14 Family Rider OBiweckly Payment Rider
Roce tale Lk ve.
FLORIDA-Single Family-Famnie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (age 2 of 11 pages)é . 6 Pre 12051 Pe 0590
® "Applicable: Law" means. all controlling applicable federal, state and local, starutes, regulations, ordinances and.
administrative niles and otders (that have the effect of law) as well 28 all applicable final, non-appealable judicial opinions.
@® "Community Association Dues, Fees, and Assessments means all dues, fees, assessments and-other charges that are
imposed on Borrower or the Propery by a condominium association, homeowners association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than 2 transaction originated by check, draft, or similar
paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to
order, instruct, or authorize a financial instinution to debit or credit an account, Such texm includes, but is not limited 10,
point-of-sale’ transfers, aitomated teller machine transactions, transfers initiated by telephone, wire wansfers, and automated
clearinghiousé transfers.
(D) "Escrow Items" means those items that are described in Section 3.
(MD "Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third panty
(other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the
Property; (Gi) condemmation or other taking of all or any part of the Property; (ifi) conveyance in lieu of condemmation; or (iv)
misrepresentations of, or omissions as to, the value and/or condition of the Property.
(@) "Mortgage Insurance" means insurance protecting Lender against the nonpayzoent of, or default on, the Loan.
(0) "Periodic Payment” means the segularly scheduled amount die for (i) principal and interest under the Note, plus (i) any
amounts under Section 3 of this Security’ Instrument,
(©) "RESPA" means the Real Estate Sertlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation,
Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or
regulation that govems the same subject matter. As used in this Security Instrument, "RESPA" refers to all. requirements and
restrictions ‘that are imposed in regard to 2 "federally related mortgage loan” even if the Loan does not qualify 2s a “federally
related morgage loan” under RESPA.
(Q “Successor in Interest of Borrower" means. any party that has taken title to the Property, whether or not that party has
assumed Borrower's obligations under the Note and/or this Secority Inswument,
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (j) the repayment of the Loan, and all renewals, extensions and modifications of the
Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Nore. For this
purpose, Borrower does hereby mortgage, grant and convey 10 MERS (solely as nominee for Lender and Lender's successors
and assigns). and to the successors and assigns of MERS, the following described propery located in the
County of _ HILLSBOROUGH :
[Type of Recording Jurisdiction} [Name of Recording Jurisdiction)
THE EAST 150 FEET OF THE NORTH 315.4 FEET OFTHE WEST 1/2 OF THE
NW U/4 OF THE SE 1/4 OF SECTION 26, TOWNSHIP 28, RANGE 21 EAST,
HILLSBOROUGH COUNTY, FLORIDA, LESS ROAD RIGHT OF WAY.
which currently has the address of _901 Haggard Read
(Steed
Plant City , Florida, 33567 (Property Address"):
si (ip Coal comets MOO Te
FLORIDA~Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT. Form 3010 1/01 (page 2 of 11 pages)2 Q Or 12051 26 0592
TOGETHER WITH all the improvements now.or hereafter erécted on the propery, and all easemeals, appurtenances, and
fimures.now or hereafter 2 part of the property. All replacements and additions shall also be covered by this Security Instrument.
All of the foregoing is referred to in this Security Instrumenr as the "Property." Borrower understands and agrees thar MERS.
holds only légal-title 10 the interests gramed by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS' (as nominee for Lender and Lender's successors and assigns) has the right: 10 exercise any or all of those
interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instraméat.
‘BORROWER COVENANTS thst Borrower is lawfully seised of the estate hereby conveyed and has the right to morteage,
grant and.convey the Property and that the Property is usencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute 2 uniform securizy instrument covering real property.
UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows:
1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when
due the principal of, and interest on, the débt évidesced by the Note and any prepayment charges and late charges due under the
Note; Borrower shall also pay funds for Escrow Items pursuant to Section 3, Payments due under the Note and this Seeurity
Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the
Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (@) cash; (b) money
order; (0) certified check, bank check, rreasurer's check or cashier's check, provided any such check is drawn upon an institution
whose deposits are insured by a federal agency, instrumentality, or entity; or (6) Electronic Funds Transfer:
Payments are deemed received by Lender when received ar the location designated in the Note or at such other location as
may be designated by Lender in secordance with the notice provisions in Section 15, Lender may return any payment or partial
payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payzhent or partial
payment insufficient to bring the Loan current, without waiver of aay rights hereunder or prejudice to its rights to refuse such
payment or partial payments in the fume, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as. of fis scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not
do so within a reasonable period of time, Lender shall either apply such funds or retm them to Borrower. If not applied earlier,
such funds will be applied to the outstanding principal balance under the Noi¢ immediately prior to foreclosure, No offset or
claim which Borrower might have now or in the funire against Lender shall relieve Borrower from making payments due under
the Note and this Security Instmuinent or performing the covenants and agreements secured by this Security instrament.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepied and
applied by Lender shall be applied in the following order of priority: (a) interest due under the Note: (b) principal due under the
Note; () amounts due under Section 3, Such payimems shall be applied to each Periodic Payment in the order in wiich it
became due. Any. remaining amounts shall be applied first to late charges, second to any other amounts due under this Security
Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which Includes a sufficient amount to pay:
any late’ charge due, the paymem may be applied 10 the delinquent payment and the late charge. If more than one Periodic
Payment ‘is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodié Payments if,
and 10 the extent that, each paymient can be paid in full. To the extent that any excess exists after the payment is applied 10 the
full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments
shall be applied first to ariy prepayment charges and then 2s described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not
extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the
Note is paid in full, a sum (the "Funds’) to provide for payment of amounts due for: (a) taxes and assessments and other items
which can anain priority over this Secuiity Instrument as a lien or encumbrance on the Property; (b) leasehold payments or
ground rents on the Property, if any; (c) premiums for ny end all insurance required by Lender under Section 5; and (@)
‘Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance
vomeiee ZO OR
FLORIDA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 U01 (page 3 of 11 pages)Oo. 12051 BG 0592
premiums in. accordance with the provisions of Section 10, These items are.calied "Escrow Items." At origination or 2t any
lime during. the tem of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assessments. shall be an Escrow Item. Borrower shall prompily furnish to
Lender’ all notices of amounis to be paid under this Section. Borrower shall pay Lencler the Funds for Escrow Items unless
Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to
pay to Lender Funds for any‘ or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such
waiver, Borrower shall pay directly, when and whete payable, the amounts due for any Escrow hems for which payment of
Funds has: been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such
tinie: period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes
be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used
in Section 9. If Borrower is obligated to pay Escrow ltems directly, pursuant 10 a waiver, and Borrower fails to pay the amount
due for am Escrow Item, Lender may exercise its tighis under Section 9 and pay such amount and Borrower shall then be
obligated under Section 9 t0 repay to Lender.any such amount. Lender may revoke the waiver as 10 any or all Escrow Items at
any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds,
and in such amounts, tbat are then required under this Séction 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient 10 permit Lender to apply the Funds at the time
specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimare
the amount of Funds due on the basis of curreat.data and reasonable estimates of expendinures of furare Escrow items or
otherwise in accordance with Applicable Law.
The Funds shall. be held in an institution ‘whose deposits are insured. by a féderal agency, instrumentality, or entity
Gucluding Lender, if Lender is an instituzion whose deposits are so insured) or in any Federal Home Lon Bank. Lender shall
apply the Funds o pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for
holding aid applying che Funds, annually analyzing the escrow accouint, or verifying the Escrow lrems, unless Lender pays
Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in
writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest
or eamings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender
shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Fonds held in escrow,,as defined under RESPA, Lender shall account 10 Borrower-for the excess
funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance
with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under
RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, bur in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrament, Lender shall promptly refund to Borrower any Funds
held by Lender,
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions amibutable to. the Property
which can auain priority over this Security Instrument, leasehold payments. or ground rents on the Propeny, if any, and
Community. Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow hems, Borrower shall
pay them in the manner provided in Section 3,
Borrower shall prompily discharge any lien which has priority over this Security Instroment unless Borrower: (2) agrees in
writing 10 the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is
performing such agreement; (b) contests the Hien in good faith by, or defends against enforcement of the lien in, legal
proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but
only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender
subordinating the lien to this Security Instrument. If Lender determines that any ‘pant of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the
éate_on which that notice is given, Borrower shell satisfy the lien or take one or more of the actions set forth above in this
Section 4.
Lender may require Borrower to pay 2 one-time charge for a real estate tax verification and/or reporting service used by
Lender in connection with this Loan.
‘Boron tits 4A Ce
FLORIDA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 01 (page 4 of I pages)8 @ BE 12051 Pc 0593
§.."Property Insurance. Borrower shall keep the improvements now existing or hereafter érected on the Properry insured
against loss by fire, hazards included within the term “extended. coverage,” and any other hazards including, but not limited to,
earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including
deductible levels) and for the. periods that Lender requires, What Lender requires pursuant to the preceding sentences can
change during: the term of the Loan. The insurance carrier providing. the insurance shall be chosen by Borrower subject to
Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, im connection with this Loan, either: (2) a one-time charge for flood zone determination, certification and tracking
services; or (b) a one-time charge for flood 2one determination and certification services and subsequent charges each time
remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be
responsible for the payment of any fees imposed by'the Federal Emergency Management Agency in connection with the review
of any flood zone determination resulting from an objection by Borrower.
If Borrower ‘fails to maimain any of the coverages described above, Lender may obtain insurance coverage, at Lender's
‘option and Borrower's expense. Lender is under no obligation’ to purchase any particular type or amoumt of coverage.
Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property; or the
contents of the Property, against any risk, hazard of lisbiliry and tight provide greater or lesser. coverage than was previously in
effect, Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shall become additional
debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
‘disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment.
All inisurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such
policies, shall include: a standard. mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee.
Lender shall have the right 10 hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise
tequired. by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss
ifnot made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or
not the underlying insnrance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration
or repair is economically feasible and Lender's seciirity is'not lessened. During such repair and restoration period, Lender shall
have the right to hold such insurance proceeds until Lender has hadi an oppormnity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration in a single'paymient or in a series of progress payments as the work is completed. Unless
an agreement is made in writing or Applicable Law requires imerest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any imerest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or
Tepair is not. economically: feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then.due, with the excess, if any, paid to Borrower, Such insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters.
If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to setile a claim, then
Lender njay:negotiate and.sertle the claim The 30-day period will begin when the notice is given. in either event, or if Lender
acquires che’ Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of
Borrower's rights (other than the right to any refund of uneamed premiums paid by Borrower) under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may us¢ the insurance
proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or ,
not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days
after the execution of this Security Insrument and shall continue to aceupy the Property as Borrower's principal residence for at
least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably
withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
sone L222
FLORIDA-Single Famity—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 U/0i (age 5 of 21 pages)Oo 8 Bex 12051 ve 0804
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage.or
impair the Property, allow the Property to deteriorate or commit waste on the Properry. Whether or not Borrower is residing in
the Property, Borrower shall maimain the Property in order to prevent the Property from deteriorating or decreasing in value due
to ifs, condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower
shall prompdly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds
‘we paid. in. connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring
the Property only if Lender has’ released proceeds for such purposes, Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemmation
‘proceeds are not sufficient to repair or restore the Propemry, Borrower is noi relieved of Borrower's obligation for the completion
of such repair or restoration.
Lender or ‘its agent may make reasonable entries upon and inspections of the Property. If it hes reasonable cause, Lender
tnay inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to suclt
sm interior inspection specifying such reasonable cause.
8. Borrower's Loan, Application. Borrower shall be in default if, during the Loan epplication process, Borrower or any
persons of entities acting at the direction of Borrower or with Borrower's knowledge or consent gave matecially false,
misleading, or inaccoraie information or statements to Lender (or filed 10 provide Lender with material information) in
connection with the Loan. Material representations include, bur are not limited to, representations concerning Borrower's
sccupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (@) Borrower fails to
perform the covenants and agreemenis contained in this Securty Instrument, {b) there is 2 legal proceeding that might
significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as.a proceeding in
bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may anain priority over this Security
Instrument or to enforce laws or regulations), or (¢) Borrower has abandoned the Property, then Lender may do and pay for
whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,
including protecting and/or assessing the value of the Property, and scouring and/or repairing the Property. Lender's actions:can
include, but are not limited to: (a) paying any sums secured by alien which has priority over this Security Instrument; (b)
appearing in cour; and (c) paying reasonable attomeys’ fees to protect its imerest in the Property and/or rights under this
Security Instrument, including its secured position in a Bankruptcy proceeding. Securing the Property includes, bur is not
limited to, enteriig the Properry to-make repairs, change locks, replace or board up doors and windows, drain water from pipes,
eliminate building or other code violations or dangerous conditions, and have utilities tamed on ot off. Although Lender may
take action innder this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shali become additional debt of Borrower secured by this Security
Instrument. These amounts Shall bear’ interest at the Note rate from the date of disbursement and shall be payable, with such
imerest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on’ a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shail pay
the premiums required to maintain the Mortgage Insurance in effect. Hf, for any reaon, the Mortgage Insurance coverage.
required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall: pay the
premiums required 10 obiain coverage substantially equivalent 1o- the Mortgage ‘Insurance previously in effect; at a cost
substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage
insurer s(lected by Leader. If substantially equivalent Mongege Insurance coverage is not evailzble, Borrower shall continue to
pay to Leader the amount of the separately designated payments that were due when the insurance coverage ceased to be in
effect. Lender will. accept, use and retain these payments as a non-refundable loss reserve in liew of Mortgage Insurance. Such
Joss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or eamings on such loss reserve. Lender can no longer requiré loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by zn insorer selected by Lender
again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Monigage
Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Bortower's obligation to pay interest at the rate
provided in the Note,
pero wise ZOO Re
FLORIDA -Single Family—Fannie Mue/Froddie Mac UNIFORM INSTRUMENT Form 3010 L/01 (age 6 of 1! pages)ae 6 rc 12051 ve 0505
Mortgage Insurance reimburses Lender (or’ any entity that purchases the Note) for certain losses it may incur if Borrower’
does not repay the Loan as agreed. Borrower is not a party 10 the Mortgage Insurance.
Mortgage insurers evaluate’ their total risk on all such insurance in force from time to time, and may enter into agreements
with other paries thar share or modify their risk, or reduce losses. These agreements are on terms and conditions that are
satisfactory to the mortgage insurer and the other pany (or parties) to these agreements. These agreements may require the
morgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include
funds obtained from Morigage Inswrance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any veinsuret, any other entity, or any
affiliate of aay of the foregoing, may receive (ditectly or indirectly) amounts that derive from (or might be characterized 2s) a
portion of Borrower's payments for: Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's tisk, or
reducing. losses. IF such agreement provides thar an affiliate of Lender takes a share of the insurer's risk in exchange for a share
of the premiums paid to the insurer, the arrangement is.often termed “ceptive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance; or any
other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and
they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rigtits Borrower has - if any - with respect to the Mortgage Insurance
under the Homeowners Protection Act of 1998 or any other law: These rights may include the right to receive certain
disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated
automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellancous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be
paid to Lender.
If the Propeny is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the
restoration: or repair is economically. feasible and Lender's security is not lessened. During such repair and restoration period,
Lender shall have the right to hold such Miscellaneous; Proceeds until Lender bas had an opportunity to inspect such Property to
ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous
Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the sums secured: by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
‘Such Miscellaneous Proceeds shall be. appl
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CITIMORTGAGE, INC., CASE NO. Plaintiff(s), DIVISION vs. DIANE W. ROUSE; UNKNOWN SPOUSE OF DIANE W. ROUSE; CITIBANK (SOUTH DAKOTA) N.A.; CITIMORTGAGE, INC.; UNKNOWN TENANT 1, UNKNOWN TENANT 2, THE NAMES BEING FICTITIOUS TO ACCOUNT FOR PARTIES IN POSSESSION, Defendant(s). VERIFIED COMPLAINT FOR RESIDENTIAL FORECLOSURE Comes now, the Plaintiff, CITIMORTGAGE, INC. by and through the undersigned counsel, and hereby sues Defendants, alleging: COUNT ONE: FORECLOSURE 1. This is an action to foreclose a Mortgage on real property located in Hillsborough County. 2. The subject Promissory Note (“Note”) dated October 10, 2002, was executed and delivered to Plaintiff or Plaintiff's predecessor in interest. The subject Mortgage securing payment of the Note was recorded on or about October 29, 2002, in Official Records Book 12051, at Page 0589, of the Public Records of Hillsborough County, Florida, and mortgaged the subject real property then owned by and in possession of the mortgagor(s). A copy of the subject Promissory Note and Mortgage are attached hereto and incorporated herein. 3. 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. 4, Plaintiff is the holder of the Note and entitled to enforce the terms thereof as Plaintiff is in possession of the original Note endorsed in blank.5. PAUL RICHARD ROUSE, DECEASED and DIANE W. ROUSE have defaulted under the covenants, terms and agreements of the Note in that the payment due May 1, 2015, and all subsequent payments have not been paid. 6. PAUL RICHARD ROUSE, DECEASED and DIANE W. ROUSE have breached the covenants, terms and agreements of the Mortgage by virtue of failure to make the payments due under the terms of the Note. 7. PAUL RICHARD ROUSE, DECEASED and DIANE W. ROUSE owe Plaintiff $82,979.15 that is now due and owing on principal, plus interest from and after April 1, 2015 and title search expenses for ascertaining necessary parties to this action. 8. In order to protect its security, the 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 Plaintiff. 9. The record legal title to said mortgaged property is now vested in Defendant(s), DIANE ROUSE and upon information and belief Defendant(s) hold possession. 10. All conditions precedent to the acceleration of this Note and to foreclosure the mortgage have been fulfilled and have occurred. 11." For purposes of foreclosure, the Plaintiff has retained the undersigned attorneys and is obligated to pay said attorneys a reasonable fee for services rendered. 12. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and subject to the prior claim of Plaintiff. More particularly, the remaining Defendants claim some right, title and interest in and to the mortgaged premises in the following manner: a) The Defendant, UNKNOWN SPOUSE OF DIANE ROUSE, may claim some right, title or interest in the property herein sought to be foreclosed by virtue of potential Homestead rights or interests; however, said interests, if any, are subordinate, junior, and inferior to the lien of Plaintiff's mortgage.b) The Defendant, CITIBANK (SOUTH DAKOTA) N.A., may claim some right, title or interest in the property herein sought to be foreclosed by virtue of that certain Final Judgment recorded in Official Records Book 20174, at Page 396 of the Public Records of Hillsborough County, Florida; however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. c) The Defendant, CITIMORTGAGE, INC., may claim some right, title or interest in the property herein sought to be foreclosed by virtue of that certain Mortgage recorded in Official Records Book 16398, at Page 953 of the Public Records of Hillsborough County, Florida and that certain Assignment of Mortgage recorded in Official Records Book 22110, at Page 673 of the Public Records of Hillsborough County, Florida; however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. d) The Defendants, UNKNOWN TENANT 1, UNKNOWN TENANT 2 the names being fictitious to account for parties in possession, may claim some right, title or interest in the property herein sought to be foreclosed by virtue of possession or some other unknown interest, the exact nature of which is unknown to Plaintiff and not a matter of public record; however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. WHEREFORE, Plaintiff prays the Court as follows: Plaintiff requests that the Court ascertain the amount due Plaintiff for principal and interest on the Note and Mortgage and for late charges, abstracting, taxes, expenses, and costs, including attorney’s fees, plus interest thereon; that if the sums due Plaintiff under the Note and Mortgage are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy Plaintiff's mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2006); that the Court retain jurisdiction of this action to make any and all further orders and judgments as may be necessary and proper, including theissuance of a-writ of possession and the entry of a deficiency decree, unless any Defendant personally liable is discharged from liability pursuant to the provisions of the Bankruptcy Code, 11 U.S.C. § 101, et.seq. VERIFICATION Under penalty of perjury, I declare that I have read the foregoing Verified Complaint for Residential Foreclosure, and the facts alleged therein are true and correct to the best of my knowledge and belief. Vice President- Document Control Employed by CitiMortgage, Inc. PLAINTIFF: CITIMORTGAGE, INC. Date: SUS IPT Aldridge Pite LLP Attorney for Plaintiff(s) 1615 South Congress Avenue Suite 200 Delray Beach, FL 33445 Phone: 561.392.6391 Pax: 561.392.6965 BALTES Bie Bart tama Biju, Esa FBN: (09031 PLEASE NOTE 15.U.S.C. §1692(G)(4) OF THE FAIR DEBT COLLECTIONS PRACTICES ACT PROVIDES: (d) Legal pleadings. A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a) of this section.some? 8 @ NOTE @ ® oan > 1 OCTOBER 10 > 2002 TAMPA >» FLORIDA Dae] [cig] Sax] 901 Hageard Road, Plant City, FLORIDA 33567. [Propery Address} 1, BORROWER'S PROMISE TO PAY Tt return. for a Joai that I have received, I promise to pay U.S. $135,000.00 (this amount is called “Principal"), plus imerest,: to the order of the Lender. The Lender is UNITED CAPITAL MORTGAGE CORPORATION. I will make “all payments under this Note'in the form of cash, check or money order. I tnderstand 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. 1 will pay interest ar a yearly rate of 6.125%. ‘The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Paymeitts I will pay principal and interest by making a payment every month, I will make my monthly payment on the 1ST day of exch month beginning on DECEMBER 1, 2002. 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. Each monthly payment will be applied. as of its scheduled due dare and will be applied to interest before Principal. If, on NOVEMBER 1, 2017, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.” 1 will make my monthly payments at 14001 EAST ILIFF AVENUE #701, DENVER, COLORADO 80014 or ata different place if required by the Note Holder. (B) Amount of Monthly Payments ‘My monthly payment will be in the amount of U.S. $1,148.35. 4, BORROWER'S RIGHT TO PREPAY I have the right to make payments. of Principal at any time before they are due. A payment of Principal only is Known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing thar I am doing so. I may not designate a payment as-a Prepayment if [have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my, Prepayments to reduce the amount of Principal that I owe under this Noe. However, the Note Holder may apply my Prepayment to ‘the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment 10 reduce the Principal amount of the Note. If T make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum Joan charges, is finally interpreted so that the interest or other Joan” charges collected or to be collected in connection with this Joan exceed the permitted limits, then: (a) any such Joan charge shall be reduced by the amount necessary 1o reduce the charge to the permitted Limit; and (b) any sums already collected. from me which exceeded permitted limits, will be refunded to me. The Note Holder may choose to make this refund ty reducing the Principal I owe under this Nore or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BOIROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the fall amount of any monthly payment by the end of FIFTEEN calendar days after the date fr is due, I will pay a late charge to the Note Holder. The amount of the charge will be §.0 % of my overdue payment of principal and interest, I will pay this late-charge promptly but only once on each late payment. (B) Default If do not pay the fall amount of each monthly payment on the date it is due, I will be in default. {© 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 a certain date, the Now Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me.or delivered by other means. (D) No Waiver By Note Holder Even if, ata time when I am in default, the Note Holder does not require me io pay immediately in full as described above, the Note Holder will still have the right to do so if [am in default at a later time. ‘borrover Qav~ FLORIDA FIXED RATE NOTE-Single Family~Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01 page 1 of2 pages)-_ * = 46) Payment off Note Holder' @%. Expenses . If the Note Holder has required me to pay immediately in, full as described above, the Note Holder will bave the right to be paid back by me for ail of its costs and expenses in enforcing this Note to the extent not prohibited by. applicable Jaw, Those expenses include, for example, reasonable antomeys’ fees. 7. GIVING OF NOTICES Unless applicable Jaw requires a different method, any notice that must be given to me under this Nove will be given by delivering it or ‘by nailing 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. Any notice that must be given to the Note Holder under this Note will be given by delivering it or 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] am given a sotice of that different address. 8. 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 inthis Note, including the promise to pay the full amount owed. .Any person who is a guarantor, surety or endorser of this Note'is also obligated to do these things. Any person who takes over these obligations, including the obligations of @ guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce: its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amoumrs owed under this Note. 9. WAIVERS 1 and any other person who.bas 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. 10. UNIFORM SECURED NOTE. ‘This Note is a uniform instrument -with limited variations in some jurisdictions. In addition to the protections given to thé 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 which might result if I do not keep the promises which I make inthis Note. That Security Instrument describes how and under what conditions I may be required to make immediaté payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Tf all or ‘any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not 4 natural person and-a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediae payment in fall of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Jess than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums ‘prior 10 the expiration of this period, Lender miay invoke any remedies permined by this Security Instrument without-further notice or demand on Borrower. 11, 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. (Seal) Pani Richard-Rouse Borrower SSN: CD Rane (Seal) ~ Diane W. Rouse Borrower sv: a (Seal) “Borner SSN: [Sign Original Only] BUM TLORAS WITHOUT RECOURSE PAY TO THE ORDER OF ———— PRINGIRAL RESIDENTIAL MORTGAGE, INC UNITED CAPITAL MORTGAGE CORPORATION ARKANSAS CORPORATION ‘WNTEOUT RECOURSE: BY? FLORIDA FIXED RATE NOTE-Singlé Family /-Fannie Mae/Ereddie Mac, UNIFORM INSTRUMENT Form 3210 1/01 (oage 2 of 2 pages)Ke . wy / Nalestic TITLE OF RAL FLORIDA, INC. Se © “Togs Date Hasna. N. SUITE 104 (Qamiaimamsmagasaie ft TAMPA, FLORIDA 33618 Le Prepared by: i . ‘ INSTR # 2002370329 OR BK 12051 PG 0589 RECORDED 10/83/2002 09:14 Ay RICHARD XE CLERK OF COURT HILLSBOROUSH COUNTY DOC TAX PDF. S.201,08) 472,50 hfioe Recording Rewer Fo: TMT, TAX PDF.S,199) 270.00 DEPUTY CLERK Y Roche UNITED CAPITAL MORTGAGE CORPORATION 14001 EAST ILIFF AVENUE #701 DENVER, CO 80014 {Space Above This Line For Recording Data) en. Words. used in multiple sections of this document’are defined below and other words are defined in Sections 3, 11, 13, 18. 20 and 21. Cerain rules regarding the usage of words used in this document are also provided in Section 16. DEFINITIONS (A) "Security Instrument” means this document, which is dated. OCTOBER. 10, 2002, together with all Riders wo this document: @) “Borrower” is Paul Richard Rouse and Diane W. Rouse Husband and Wife. Borrower is the mortgagor under this Seourity Instrument. (©) "MERS" is Mongage Electronic Registration Systems, Inc. MERS is 2 separate corporation that is aéting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized. and existing under the laws of Delaware, and bas an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. . @) “Lender is UNITED CAPITAL MORTGAGE CORPORATION, Lender is a CORPORATION organized and existing under the laws of ARKANSAS. Lender's address is 14001 EAST ILIFF AVENUE #701, DENVER, COLORADO 80014, ©) "Note" means the promissory note signed by Borrower and dated OCTOBER 10, 2002, The Note states that Borrower owes: Lender ONE HUNDRED THIRTY-FIVE THOUSAND AND 00/100ths Dollars (U.S.$135,000.00) plus interest. Borrower’ has. promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1, 2087. : (F) "Property" means the property that is described below under the heading "Ttansfér of Rights in the Property." () "Loin" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sts due under this Security Instrument, plus interest, (H) "Riders" means all Riders to this Security Instrument that: are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: . ClAdjustable Rate Rider CO Condominium Rider DSecond Home Rider OBalloon Rider (OiPlanned Unit Development Rider DOther(s) [specify] O14 Family Rider OBiweckly Payment Rider Roce tale Lk ve. FLORIDA-Single Family-Famnie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (age 2 of 11 pages)é . 6 Pre 12051 Pe 0590 ® "Applicable: Law" means. all controlling applicable federal, state and local, starutes, regulations, ordinances and. administrative niles and otders (that have the effect of law) as well 28 all applicable final, non-appealable judicial opinions. @® "Community Association Dues, Fees, and Assessments means all dues, fees, assessments and-other charges that are imposed on Borrower or the Propery by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than 2 transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial instinution to debit or credit an account, Such texm includes, but is not limited 10, point-of-sale’ transfers, aitomated teller machine transactions, transfers initiated by telephone, wire wansfers, and automated clearinghiousé transfers. (D) "Escrow Items" means those items that are described in Section 3. (MD "Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third panty (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (Gi) condemmation or other taking of all or any part of the Property; (ifi) conveyance in lieu of condemmation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (@) "Mortgage Insurance" means insurance protecting Lender against the nonpayzoent of, or default on, the Loan. (0) "Periodic Payment” means the segularly scheduled amount die for (i) principal and interest under the Note, plus (i) any amounts under Section 3 of this Security’ Instrument, (©) "RESPA" means the Real Estate Sertlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that govems the same subject matter. As used in this Security Instrument, "RESPA" refers to all. requirements and restrictions ‘that are imposed in regard to 2 "federally related mortgage loan” even if the Loan does not qualify 2s a “federally related morgage loan” under RESPA. (Q “Successor in Interest of Borrower" means. any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Secority Inswument, TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (j) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Nore. For this purpose, Borrower does hereby mortgage, grant and convey 10 MERS (solely as nominee for Lender and Lender's successors and assigns). and to the successors and assigns of MERS, the following described propery located in the County of _ HILLSBOROUGH : [Type of Recording Jurisdiction} [Name of Recording Jurisdiction) THE EAST 150 FEET OF THE NORTH 315.4 FEET OFTHE WEST 1/2 OF THE NW U/4 OF THE SE 1/4 OF SECTION 26, TOWNSHIP 28, RANGE 21 EAST, HILLSBOROUGH COUNTY, FLORIDA, LESS ROAD RIGHT OF WAY. which currently has the address of _901 Haggard Read (Steed Plant City , Florida, 33567 (Property Address"): si (ip Coal comets MOO Te FLORIDA~Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT. Form 3010 1/01 (page 2 of 11 pages)2 Q Or 12051 26 0592 TOGETHER WITH all the improvements now.or hereafter erécted on the propery, and all easemeals, appurtenances, and fimures.now or hereafter 2 part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrumenr as the "Property." Borrower understands and agrees thar MERS. holds only légal-title 10 the interests gramed by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS' (as nominee for Lender and Lender's successors and assigns) has the right: 10 exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instraméat. ‘BORROWER COVENANTS thst Borrower is lawfully seised of the estate hereby conveyed and has the right to morteage, grant and.convey the Property and that the Property is usencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute 2 uniform securizy instrument covering real property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the débt évidesced by the Note and any prepayment charges and late charges due under the Note; Borrower shall also pay funds for Escrow Items pursuant to Section 3, Payments due under the Note and this Seeurity Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (@) cash; (b) money order; (0) certified check, bank check, rreasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (6) Electronic Funds Transfer: Payments are deemed received by Lender when received ar the location designated in the Note or at such other location as may be designated by Lender in secordance with the notice provisions in Section 15, Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payzhent or partial payment insufficient to bring the Loan current, without waiver of aay rights hereunder or prejudice to its rights to refuse such payment or partial payments in the fume, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as. of fis scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or retm them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Noi¢ immediately prior to foreclosure, No offset or claim which Borrower might have now or in the funire against Lender shall relieve Borrower from making payments due under the Note and this Security Instmuinent or performing the covenants and agreements secured by this Security instrament. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepied and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note: (b) principal due under the Note; () amounts due under Section 3, Such payimems shall be applied to each Periodic Payment in the order in wiich it became due. Any. remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which Includes a sufficient amount to pay: any late’ charge due, the paymem may be applied 10 the delinquent payment and the late charge. If more than one Periodic Payment ‘is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodié Payments if, and 10 the extent that, each paymient can be paid in full. To the extent that any excess exists after the payment is applied 10 the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to ariy prepayment charges and then 2s described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds’) to provide for payment of amounts due for: (a) taxes and assessments and other items which can anain priority over this Secuiity Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for ny end all insurance required by Lender under Section 5; and (@) ‘Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance vomeiee ZO OR FLORIDA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 U01 (page 3 of 11 pages)Oo. 12051 BG 0592 premiums in. accordance with the provisions of Section 10, These items are.calied "Escrow Items." At origination or 2t any lime during. the tem of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments. shall be an Escrow Item. Borrower shall prompily furnish to Lender’ all notices of amounis to be paid under this Section. Borrower shall pay Lencler the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any‘ or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and whete payable, the amounts due for any Escrow hems for which payment of Funds has: been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such tinie: period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow ltems directly, pursuant 10 a waiver, and Borrower fails to pay the amount due for am Escrow Item, Lender may exercise its tighis under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 t0 repay to Lender.any such amount. Lender may revoke the waiver as 10 any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, tbat are then required under this Séction 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient 10 permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimare the amount of Funds due on the basis of curreat.data and reasonable estimates of expendinures of furare Escrow items or otherwise in accordance with Applicable Law. The Funds shall. be held in an institution ‘whose deposits are insured. by a féderal agency, instrumentality, or entity Gucluding Lender, if Lender is an instituzion whose deposits are so insured) or in any Federal Home Lon Bank. Lender shall apply the Funds o pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding aid applying che Funds, annually analyzing the escrow accouint, or verifying the Escrow lrems, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Fonds held in escrow,,as defined under RESPA, Lender shall account 10 Borrower-for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, bur in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrament, Lender shall promptly refund to Borrower any Funds held by Lender, 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions amibutable to. the Property which can auain priority over this Security Instrument, leasehold payments. or ground rents on the Propeny, if any, and Community. Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow hems, Borrower shall pay them in the manner provided in Section 3, Borrower shall prompily discharge any lien which has priority over this Security Instroment unless Borrower: (2) agrees in writing 10 the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the Hien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any ‘pant of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the éate_on which that notice is given, Borrower shell satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay 2 one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. ‘Boron tits 4A Ce FLORIDA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 01 (page 4 of I pages)8 @ BE 12051 Pc 0593 §.."Property Insurance. Borrower shall keep the improvements now existing or hereafter érected on the Properry insured against loss by fire, hazards included within the term “extended. coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the. periods that Lender requires, What Lender requires pursuant to the preceding sentences can change during: the term of the Loan. The insurance carrier providing. the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, im connection with this Loan, either: (2) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood 2one determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by'the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower ‘fails to maimain any of the coverages described above, Lender may obtain insurance coverage, at Lender's ‘option and Borrower's expense. Lender is under no obligation’ to purchase any particular type or amoumt of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property; or the contents of the Property, against any risk, hazard of lisbiliry and tight provide greater or lesser. coverage than was previously in effect, Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of ‘disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. All inisurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include: a standard. mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right 10 hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise tequired. by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss ifnot made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insnrance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's seciirity is'not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has hadi an oppormnity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single'paymient or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires imerest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any imerest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or Tepair is not. economically: feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then.due, with the excess, if any, paid to Borrower, Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to setile a claim, then Lender njay:negotiate and.sertle the claim The 30-day period will begin when the notice is given. in either event, or if Lender acquires che’ Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may us¢ the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or , not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Insrument and shall continue to aceupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. sone L222 FLORIDA-Single Famity—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 U/0i (age 5 of 21 pages)Oo 8 Bex 12051 ve 0804 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage.or impair the Property, allow the Property to deteriorate or commit waste on the Properry. Whether or not Borrower is residing in the Property, Borrower shall maimain the Property in order to prevent the Property from deteriorating or decreasing in value due to ifs, condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall prompdly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds ‘we paid. in. connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has’ released proceeds for such purposes, Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemmation ‘proceeds are not sufficient to repair or restore the Propemry, Borrower is noi relieved of Borrower's obligation for the completion of such repair or restoration. Lender or ‘its agent may make reasonable entries upon and inspections of the Property. If it hes reasonable cause, Lender tnay inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to suclt sm interior inspection specifying such reasonable cause. 8. Borrower's Loan, Application. Borrower shall be in default if, during the Loan epplication process, Borrower or any persons of entities acting at the direction of Borrower or with Borrower's knowledge or consent gave matecially false, misleading, or inaccoraie information or statements to Lender (or filed 10 provide Lender with material information) in connection with the Loan. Material representations include, bur are not limited to, representations concerning Borrower's sccupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (@) Borrower fails to perform the covenants and agreemenis contained in this Securty Instrument, {b) there is 2 legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as.a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may anain priority over this Security Instrument or to enforce laws or regulations), or (¢) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and scouring and/or repairing the Property. Lender's actions:can include, but are not limited to: (a) paying any sums secured by alien which has priority over this Security Instrument; (b) appearing in cour; and (c) paying reasonable attomeys’ fees to protect its imerest in the Property and/or rights under this Security Instrument, including its secured position in a Bankruptcy proceeding. Securing the Property includes, bur is not limited to, enteriig the Properry to-make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tamed on ot off. Although Lender may take action innder this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shali become additional debt of Borrower secured by this Security Instrument. These amounts Shall bear’ interest at the Note rate from the date of disbursement and shall be payable, with such imerest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on’ a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shail pay the premiums required to maintain the Mortgage Insurance in effect. Hf, for any reaon, the Mortgage Insurance coverage. required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall: pay the premiums required 10 obiain coverage substantially equivalent 1o- the Mortgage ‘Insurance previously in effect; at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer s(lected by Leader. If substantially equivalent Mongege Insurance coverage is not evailzble, Borrower shall continue to pay to Leader the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will. accept, use and retain these payments as a non-refundable loss reserve in liew of Mortgage Insurance. Such Joss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or eamings on such loss reserve. Lender can no longer requiré loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by zn insorer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Monigage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Bortower's obligation to pay interest at the rate provided in the Note, pero wise ZOO Re FLORIDA -Single Family—Fannie Mue/Froddie Mac UNIFORM INSTRUMENT Form 3010 L/01 (age 6 of 1! pages)ae 6 rc 12051 ve 0505 Mortgage Insurance reimburses Lender (or’ any entity that purchases the Note) for certain losses it may incur if Borrower’ does not repay the Loan as agreed. Borrower is not a party 10 the Mortgage Insurance. Mortgage insurers evaluate’ their total risk on all such insurance in force from time to time, and may enter into agreements with other paries thar share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other pany (or parties) to these agreements. These agreements may require the morgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Morigage Inswrance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any veinsuret, any other entity, or any affiliate of aay of the foregoing, may receive (ditectly or indirectly) amounts that derive from (or might be characterized 2s) a portion of Borrower's payments for: Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's tisk, or reducing. losses. IF such agreement provides thar an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is.often termed “ceptive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance; or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rigtits Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law: These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellancous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Propeny is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration: or repair is economically. feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous; Proceeds until Lender bas had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured: by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. ‘Such Miscellaneous Proceeds shall be. appl