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87 views98 pages

New Complaint

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BISHOP STODDARD
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Filing # 194550066 E-Filed 03/21/2024 03:08:16 PM

IN THE CIRCUIT COURT OF THE EIGHTEENTH


JUDICIAL CIRCUIT IN AND FOR SEMINOLE
COUNTY, FLORIDA.
CIVIL DIVISION

_/
CASE NO. 2024CA000534

U.S. BANK TRUST NATIONAL ASSOCIATION,


NOT IN ITS INDIVIDUAL CAPACITY, BUT
SOLELY AS TRUSTEE OF LSF9 MASTER
PARTICIPATION TRUST,
Plaintiff,

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vs.

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DEREK DOUGLAS DICKINSON; CHERI D.
DICKINSON; THE GLADES ON SYLVAN LAKE
HOMEOWNERS ASSOCIATION, INC.; UNKNOWN

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TENANT NO. 1; UNKNOWN TENANT NO. 2; and

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ALL UNKNOWN PARTIES CLAIMING INTERESTS
BY, THROUGH, UNDER OR AGAINST A NAMED

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DEFENDANT TO THIS ACTION, OR HAVING OR
CLAIMING TO HAVE ANY RIGHT, TITLE OR

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INTEREST IN THE PROPERTY HEREIN
DESCRIBED,

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Defendant(s).

U N VERIFIED COMPLAINT FOR MORTGAGE FORECLOSURE

Plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL

CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER PARTICIPATION TRUST

("Plaintiff”), by and through undersigned counsel hereby sues the following defendants, DEREK

DOUGLAS DICKINSON; CHERI D. DICKINSON; THE GLADES ON SYLVAN LAKE

HOMEOWNERS ASSOCIATION, INC.; UNKNOWN TENANT NO. 1; UNKNOWN TENANT

NO. 2 and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR

AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO

*** E-FILED: GRANT MALOY, CLERK OF CIRCUIT COURT SEMINOLE


COUNTY, FL 03/21/2024 03:08:15 PM.****
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HAVE ANY RIGHT, TITLE OF INTEREST IN THE PROPERTY HEREIN DESCRIBED, and

hereby alleges:

JURISDICTION, VENUE AND PARTIES

1. JURISDICTION: This is an in rem action for equitable relief which claims are

within the subject matter jurisdiction of this Court.

2. VENUE: This action involves parties and property located within the venue of this

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Court, and venue is otherwise proper pursuant to Fla. Stat. §47.011.

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3. PARTIES: All parties to this action are properly before this Court, and this Court

has personal jurisdiction over the parties.

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FACTS COMMON TO ALL COUNTS

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4. ORIGINATION OF LOAN: On August 20, 2003, borrower(s), DEREK

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DOUGLAS DICKINSON AND CHERI D. DICKINSON, executed and delivered a promissory

note ("Note") in the amount of $322,000.00, in favor of BANK OF BLUE VALLEY ("Originating

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Lender"). Exhibit "A." The Note was secured by a mortgage ("Mortgage") in favor of the

Originating Lender, executed by the borrower(s), DEREK DOUGLAS DICKINSON AND

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CHERI D. DICKINSON, which was recorded in Official Records Book 4995, Page 1426 of the

public records of Seminole County, Florida. Exhibit "B."

5. PROPERTY: The Mortgage secures a first lien on the property described in the

mortgage, located at 6687 Sylvan Woods Dr, Sanford, FL 32771 ("Property"). Exhibit "B,”

6. TRANSFER OF LOAN: The Note and Mortgage have transferred to the Plaintiff.

7. SERVICER: Plaintiff has authorized Fay Servicing, LLC ("Fay") to act as the

attorney-in-fact for the subject Note and Mortgage and bring this action on its behalf.
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8. NON-HOLDER WITH THE RIGHT TO ENFORCE: Plaintiff is not in possession

of the Note but has the right to enforce the Note.

9. OWNER OF THE PROPERTY: Defendant(s), DEREK DOUGLAS

DICKINSON, own(s) the Property as of the filing of this action.

10. DEFAULT & ACCELERATION: Plaintiff has not been paid the payment due

November 1, 2010, and all subsequent payments thereafter. Due to the non-payment, the Note and

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Mortgage are in default and through the filing of this action the Plaintiff declares the full amount

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due under the Note and Mortgage to be accelerated.

11. AMOUNT DUE: Plaintiff is owed $280,986.67 in principal under the Note and

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Mortgage plus interest on said amount from October 1, 2010, together with costs, advances and

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expenses as provided in the Note and Mortgage.

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12. CONDITIONS PRECEDENT: All conditions precedent to the filing of this action

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have been met by the Plaintiff.

ATTORNEY’S FEES: Plaintiff has retained the undersigned counsel and is

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13.

obligated itself to pay a reasonable fee for their services herein and is entitled to recover said fees

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pursuant to the terms of the Note and Mortgage.

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MORTGAGE FORECLOSURE

Plaintiff realleges paragraphs 1 through 13 herein above and incorporates the same herein

reference.

14. NATURE OF CLAIM: This is an in rem action for mortgage foreclosure against

all defendants named herein on the Property.


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15. EXISTENCE OF OBLIGATION: The borrower(s) executed the subject Note and

Mortgage attached hereto, which obligated the borrower(s) to make installment payments to the

Plaintiff.

16. BREACH OF OBLIGATION: The terms of subject Note and Mortgage have been

breached by the borrower(s) for failure to pay the installment payment of November 1, 2010, and

all subsequent payments thereafter.

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17. ENTITLED TO FORECLOSURE: Due to the non-payment under the Note and

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Mortgage, Plaintiff is entitled to foreclose its security interest in the Property.

18. INFERIOR CLAIMANTS: The following defendants may claim an interest in or

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a lien upon the subject property, which interest is inferior to the Plaintiff’s mortgage.

a. Defendant, DEREK DOUGLAS DICKINSON, may claim an ownership

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interest in or lien upon the subject property arising from a Quit Claim Deed recorded in Official

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Records Book 6614, Page 1789, of the Public Records of Seminole County, Florida, which interest

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is inferior to Plaintiffs mortgage.

Defendant, CHERI D. DICKINSON, may claim a right of redemption or

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b.

other homestead interest in the subject property. This interest, if any, is inferior to Plaintiffs

mortgage.

c. Defendants), THE GLADES ON SYLVAN LAKE HOMEOWNERS

ASSOCIATION, INC., may claim some interest in or lien upon the subject property arising from

the claim of lien, recorded in Official Records Book 10339, Page 1942, and from a Lis Pendens,

recorded in Official Records Book 10535, Page 795, of the Public Records of Seminole County,

Florida, which interest is inferior to Plaintiffs mortgage.


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d. Defendants, UNKNOWN TENANT NO. 1 and UNKNOWN TENANT

NO. 2, fictitious names representing tenants in possession, may claim some interest in the property

that is the subject of this foreclosure action by virtue of being in actual possession of same, but

any interest said Defendants may claim in the subject property, if any, is subject and inferior to the

lien of Plaintiff s mortgage.

e. Defendants, ALL UNKNOWN PARTIES CLAIMING INTERESTS BY,

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THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR

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HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE

PROPERTY HEREIN DESCRIBED, may be interested in the subject matter of this action as

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unknown spouses, tenants, heirs, devisees, grantees, assignees, lienors, creditors, trustees or other

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claimants by, through, under or against a known person who is dead or not known to be dead or

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alive or by virtue of any interest in or claim to the property which is the subject of this action or

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otherwise as the case may be. These interests, if any, are inferior to Plaintiffs mortgage.

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WHEREFORE, Plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN

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ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER

PARTICIPATION TRUST, respectfully request that this Court take jurisdiction over this matter,

enter a judgment; (a) ascertaining and determining the sums of money due and payable to the

Plaintiff, that the sum of money found to be due as aforesaid be decreed by this Court to be a lien

upon the property described herein; (b) that such lien be foreclosed; that this decree that the lien

of the Plaintiff to be superior to any and all parties named herein through or under them since the

institution of this suit; (c) that title or interest of the Defendants named herein are forever barred

and foreclosed; (d) and that this Court grant any further relief it deems proper, just and reserve

jurisdiction to the extent permitted by applicable Bankruptcy and State Law.


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COUNT II
ENFORCEMENT OF LOST INSTRUMENT

Plaintiff realleges paragraphs 1 through 13 herein above and incorporates the same herein

reference.

19. NATURE OF CLAIM: This is an action to enforce a lost promissoiy note in

accordance with Florida Statutes §673.3091.

20. RIGHT TO ENFORCE: Plaintiff has acquired ownership in the subject Note and

attached herein. Exhibit "A."

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Mortgage and has the right to enforce the Note pursuant to the attached Lost Note Affidavit

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21. LOSS OF POSSESSION: The Note has been lost and is not in the custody or

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control of Plaintiff. The loss of possession was not the result of a transfer by the Plaintiff, or a

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lawful seizure.

22. PLAINTIFF NOT IN POSSESSION: Plaintiff cannot reasonably obtain

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possession of the Note because its whereabouts cannot be determined.

23. IRREPARABLE HARM: Plaintiff will suffer irreparable harm if the lost note is

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not reestablished.

24. PARTIES IN INTEREST: The Defendants in the above-styled cause are the only

parties known to Plaintiff who are interested in or against the reestablishment of the lost Note, and

the Plaintiff shall protect against any loss that might occur by reason of a claim by another person

to enforce the Note.

WHEREFORE, Plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN

ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER

PARTICIPATION TRUST, respectfully request that this Court take jurisdiction over this matter,
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enter judgment finding the Plaintiff is entitled to enforce the Note pursuant to Florida Statutes

§673,3091, and for any such further relief this Court deems proper and just.

Fla. R. Civ. P. 1.115(e) VERIFICATION

Under penalty of peijury, I declare that I have read the foregoing, and the facts alleged

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therein are true and correct to the best of my knowledge and belief.

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U.S. BANK TRUST NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY, BUT SOLELY AS TRUSTEE

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OF LSF9 MASTER PARTICIPATION

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TRUST, by Attorney-In-Fact Fay Servicing,
LLC ("Fay") O

FF Print Name:
Title:
Karen Dunlap
Assistant Secretary

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Date:

U N .______ „By: /s/ Ian Dolan


Ian C. Dolan
Florida Bar No.: 757071
Roy Diaz, Attorney of Record
Florida Bar No. 767700
Diaz Anselmo & Associates, P.A.
Attorneys for Plaintiff
499 NW 70th Ave., Suite 309
Fort Lauderdale, FL 33317
Telephone: (954)564-0071
Facsimile: (954) 564-9252
Service E-mail:

1491-199510/RM3
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EXHIBIT “A”

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IN THE CIRCUIT COURT OF THE EIGHTEENTH
JUDICIAL CIRCUIT IN AND FOR SEMINOLE
COUNTY, FLORIDA.
CIVIL DIVISION

CASE NO.

U.S. BANK TRUST NATIONAL ASSOCIATION,


NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY
AS TRUSTEE OF LSF9 MASTER PARTICIPATION
TRUST,
Plaintiff,

vs.

DEREK D. DICKINSON, CHERI D. DICKINSON;

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UNKNOWN TENANT NO. 1; UNKNOWN TENANT

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NO. 2; and ALL UNKNOWN PARTIES CLAIMING
INTERESTS BY, THROUGH, UNDER OR AGAINST

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A NAMED DEFENDANT TO THIS ACTION, OR
HAVING OR CLAIMING TO HAVE ANY RIGHT,

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TITLE OR INTEREST IN THE PROPERTY HEREIN
DESCRIBED,

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Defendant(s).

U N AFFIDAVIT OF LOST NOTE

BEFORE ME, the undersigned authority, personal appeared Keith Clary

who after being first duly sworn on oath deposes and says:

1. lam Keith Clary of Fay Servicing, LLC (“Fay”), servicing agent to Plaintiff, and have

personal knowledge of the status of the loan that is the subject of the above captioned suit. More

specifically, I have personal knowledge with respect to the following loan (“the Loan”)

Borrowers: DEREK DOUGLAS DICKINSON AND CHERI D. DICKINSON


Date of Note: 08/20/2003
Original Principal Balance: $322,000.00
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Property Address: 6687 Sylvan Woods Dr, Sanford, FL 32771

2. Fay Servicing, LLC (“Fay”) maintains record for the Loan in its capacity as plaintiffs

servicer. As part of my job responsibilities, I am familiar with the type of record maintained

in connection with the Loan.

3. Some of the information in this affidavit is taken from Fay Servicing, LLC

(“Fay”)’s business record. I have personal knowledge of Fay Servicing, LLC (“Fay”)’s procedures

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for creating and maintaining these records. Such business records are: (a) made at or near the time

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of the occurrence of the matters set forth therein by persons with personal knowledge of the

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information in the business records, or from information transmitted by persons with personal

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knowledge; and (b) kept in the course of regularly conducted business activities. It is the regular

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practice to make such record. I have personal knowledge of Fay Servicing, LLC (“Fay”)’s

procedures for the safekeeping and retrieval of original notes serviced by Fay Servicing, LLC

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(“Fay”) on behalf of the note holder and Fay Servicing, LLC (“Fay”)’s lost note procedures for

determining that an original note is lost.

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4. Attached as Exhibit “A” is a copy of the note (“Note”), which is a true and correct copy.

5, I have personal knowledge that Fay Servicing, LLC t“Fay”)’s lost note procedure were

followed in determining that the Note has been lost and that a good faith effort was made

to locate the lost note in accordance with such procedures. These procedures include, but

are not limited to as follows:

a. Review the applicable mortgage file to determine if the original Note was located therein.

b. Contact with outside counsel that handled any prior related cases to determine if such

outside counsel was in possession of the original Note.


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c. Reviewed prior owner and/or servicer documents and notes to determine location of the

original note.

6. U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL

CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER PARTICIPATION TRUST has

directly or indirectly acquired ownership of the note from a person or entity entitled to enforce the

note when the loss of possession occurred or has directly acquired ownership of the Note from a

person who was entitled to endorse the instrument when the loss of possession occurred.

7.

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The business records of Fay Servicing, LLC (“Fay”)’s attached as Exhibit “B”

reflect that the Note for the Loan was originated by BANK OF BLUE VALLEY on or

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before August 20, 2003. Below is the chain of endorsement, transfer, allonges, or

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assignments of the note and all documents that evidence the same that are in the business

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records:

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a. The Mortgage was assigned by BANK OF BLUE VALLEY to MORTGAGE ELECTRONIC

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REGISTRATION SYSTEMS, INC. recorded on November 24, 2003 in OR Book 5109 at page

of the public records of Seminole County, FL.

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1930

b. The Mortgage was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,

INC. to BANK OF AMERICA, N.A. recorded on June 26, 2012 in OR Book 7799 at page 245

of the public records of Seminole County, FL.

c. The Mortgage was assigned by BANK OF AMERICA, N.A. to CHRISTIANA TRUST, A

DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS

INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST 5 recorded on October 6,

2014 in OR Book 8343 at page 96 of the public records of Seminole County, FL.

d. The Mortgage was assigned by CHRISTIANA TRUST, A DIVISION OF WILMINGTON


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SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE

OF ARLP TRUST 5 to WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS

INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP SECURITIZATION TRUST,

SERIES 2014-1 recorded on April 29, 2015 in OR Book 8459 at page 1933 of the public records

of Seminole County, FL.

e, The Mortgage was assigned by WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT

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IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP SECURITIZATION TRUST,

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SERIES 2014-1 to U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER

PARTICIPATION TRUST recorded on August 11,2016 in OR Book 8745 at page 856 of the public

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8.

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records of Seminole County, FL.

After due diligence and based on review of the business records, possession of the

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note, cannot reasonably be obtained because the Note was destroyed, its whereabouts

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cannot be determined, or it is in the wrongful possession of an unknown person or a

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person that cannot be found or is not amenable to service of process.

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9. Moreover, the loss of possession of the Note is not the result of a rightful transfer

or a lawful seizure of the Note.

10. Plaintiff shall henceforth hold the defendant maker(s) of the note harmless and shall

indemnify them form any loss they may incur by reason of a claim by any other person

to enforce the lost note. If the original note is ever located, Plaintiff will immediately

deliver it to the Court for cancellation.


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FURTHER AFFIANT SAYETH NAUGHT

U.S. BANK TRUST NATIONAL ASSOCIATION,

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NOT IN ITS INDIVIDUAL CAPACITY, BUT

SOLELY AS TRUSTEE OF LSF9 MASTER

PARTICIPATION TRUST by FAY SERVICING,

LLC as its Attorney-In-Fact

By: f

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Name: Keith Clary

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Title: Assistant Secretary
/ /

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Date:

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STATE OF TEXAS )

)SS.

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COUNTY OF DALLAS )

Subscribed and sworn to, or affirmed, before me, by means of physical presence on this 7 day
of March, 2024, by Keith Clary, Assistant Secretary of □ personally known to me (or) □ proved to me
the basis of satisfactory evidence to be the person(s) who appeared before me.
on_
Signature
dekendrick ganison
Notary Public, State of Texas
Notary Public Dekendrlck Ganison
Comm. Expires 05-27-2025
Notary ID 128287218
My commission expires: MAY 2 7 2025
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1491-199510/MH2

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BALLOON NOTE
(FIXED RATE) Loan
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAYTHEN
THE
ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST LOAN AT
DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE OUT
THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT
OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND
A
LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING
TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY,
YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY
ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM
THE SAME LENDER.
AUGUST 20, 2003 OVERLAND PARK . KANSAS
(City] IStnte]
[Pale]
6687 SYLVAN WOODS DR, SANFORD, FLORIDA 32771
[Ptopariy Address!

1. BORROWER'S PROMISE TO PAY


In return for a loan that I have received, I promise to pay U.S,$322,000.00 (this amount

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interest, to the order of the Lender. The Lender is BANK OF BLUE
is called ''Principal"), plus
VALLEY check or money order.
I will make all payments under this Note in the form of cash,

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I understand that the Lender may transfer (his Note. The Lender or anyone Who takes this Note by
“Note Holder."
transfer and who is entitled to receive payments under this Note is called the
2. INTEREST of Principal has been paid. I will pay
Interest will be charged on unpaid principal until the full amount

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interest at a yearly rate of 4.750%,

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after any default described
The interest rate required by Section 2 is the rate I will pay both before and
in Section 6(B) of this Note,

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3. PAYMENTS
(A) Time and Place olF Payments

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I will pay principal and interest by making a payment every month,
I will make my monthly payments bit the letriay of each month beginning on OCTOBER 1 ,

these month until I have paid all of the principal and interest and any
2 0 03 I Will make payments every
Note. Each monthly payment will be applied as of
other charges described below that I may owe under this

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its scheduled due date and will be applied to interest before Principal. If, on SEPTEMBER 1 >

2 03 3 still owe amounts under this Note, I will pay those amounts in full on that date, which is called
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the "Maturity Date." OVERLAND PARK,

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I will make my monthly payments' at' 79 0 0 COLLEGE BOULEVARD,
KANSAS 66210 or at a different place if required by the Note Holder.

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(B) Amount of Monthly Payments
M.y monthly payments will be in the
amount of U.S. $ 1,679.70

4. BORROWER’S RIGHT TO PREPAY


' t th Arighr tn make, payments of Principal at any time before they are due, A payment of Principal only
is known as a 'Prepayment." When I ma^ will tell the Note Holder in wrirlngTtrHTT^nrdulngnfor
-

I may not designate a payment as a Prepayment if I have


not made all the monthly payments due under the Note.
The Note Holder
I may make a ftill Prepayment or partial Prepayments without paying any Prepayment charge.
^fFu^“j^-p^-gymisnfsToTeduce-thmarnountx>fPrincipaHhatU-nwe-undet^
interest on the Prepayment amount before applying my
may apply my Prepayment to the accrued and unpaid
Mac MODiFIEO INSTRUMENT
MULTISTATH BALLOON NOTE (Fixed riate)“Sing)« Famlly-Treddla Form 3290 R01
Dooumns SMUim. U*. <W0> SWIM Page 1 of 3
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If I make a partial Prepayment, there will be no changes
Prepayment to reduce the Principal amount of the Note. unless the Note
in the due date or in the amount of my monthly payment Holder agrees in writing to those changes.

5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that
or to be collected in connection with this loan exceed the
the interest or other loan charges collected the amount necessary to reduce the charge
reduced
charge shall be
permitted limits, them (a) any such loan by
me which exceeded permitted limits will be
to the permitted limit; and (b) any sum already collected from
refunded to me. The Noto Holder may choose to make this refund by reducing the Principal I owe under this
will'be treated' as a
Note or by making a direct payment to me. If a refund reduces Principal, the reduction
partial Prepayment.
6. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of to any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge the Note Holder. The amount of the charge
6.00 0 % of my overdue payment of principal and interest. I will pay this late charge
will be
promptly but only once on each late payment,
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(B) Default date it is due, I will be in default.
If I do not pay the full amount of each monthly payment on the
(C) Notice of Default notice telling me that if I do not pay the
If I am in default, the Note Holder, may send me a written me

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overdue amount by a certain date, the Note Holder may require to pay immediately the full amount of
the interest that I owe on that amount. That data must be at least
Principal which has not been paid and all is mailed to me or delivered by other means.

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30 days after the date on which the notice
(D) No Waiver By Note Holder not require me to pay immediately In full
Even if, at a time when I am in. default, the Note Holder todoes

do so if I am In. default at a later time.
as described above, the Note Holder will still have the right
and Expenses
(E) Payment of Note Holder’s Coststo

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the Note Holder will
If the Note Holder has required me all pay Immediately in full as described above, this Note to the extent not

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me for of its costs and expenses in enforcing
have the right to be paid back by for reasonable attorneys’ fees.
include, example,
prohibited by applicable law. Those expenses

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7. GIVING OF NOTICES Note
Unless applicable law requires a different method, any notice that must be given to me under this
first class mall to me at the Property Address above or at a
will be given by delivering it or by mailing it

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by
a notice of my different address.
different address if I give the Note Holder Holder under this Note will be given by delivering it or by
Any notice that must bo given" to the Note at the address stated in Section 3(A) above or at a different
mailing it by first class mall to the Note Holder

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address If I am given a notice Of that different address.
fi. OBLIGATIONS OF PERSONS UNDER THIS NOTE is hilly and personally obligated to keep all of the

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If more than one person signs this Nota, each person to the full amount owed. Any person who is a
promise pay
promises made in this Note, including .the
Note also to do these things. Any person who takes over
guarantor, surety or endorsertheof
this is obligated
of the Note, is also obligated
obligations of guarantor, surety or endorser
a

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these obligations, including enforce its rights under this Note against
to keep all of the promises made in this Note. The Note Holder may
means that anyone of us may be required to pay
each person individually or against all of us together. Tills

'^-——
all of the amounts owed under Chis Note.

'
__ Note waive the fights of Presentment'
I and any other person who has obligations under this Holder to demand payment of amounts due.
*

the to require the Nota


of Dishonor. "Presentment" means rights
the Note Holder to give notice to other persons that amounts
.fNoticetof.IM^Qnpr"_means the right'to require
due have not been paid.

Mac MODIFIED INSTRUMENT


MULTISTATE BALLOON NOTH (Fixed Rate)-Single Fumily-FraWle. Form 3290 1/01
DiWMihsnc Sy51c>ils. Bio. {BOO)
<149-1362

Page 2 of 3

tioasoi.iw
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10. UNIFORM SECURED NOTE In addition to the
Tliis Note is a uniform instrument with limited variations in some jurisdictions.or Deed (the
under this Note, Mortgage,
a Deed of Trust, Security
protections given to the Note Holder date this the Note Holder from possible losses which
"Security Instrument"), dated the same as Note, protects
I make in this Note. That Security Instrument describes how
might result if I do not keep the promises which to make immediate payment in full of all amounts I owe under
and under what conditions I may be required
the Note. Some of those conditions are described as follows:

Transfer of the Property W * Beneficial Interest in Borrower. If all or any part of the Property
sold or transferred (or if Borrower is not a natural person and a
or any Interest in the Property is
beneficial interest in Boi-rowef is sold or transferred) without Lender’s prior written consent, Lender
this Security Instrument. However,

-'--
sums secured
may require immediate payment irt full of all if such exercisebyis
this option shall not be exercised by. Lender prohibited by Applicable Law,
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
30 from the date the notice is given in accordance with
shall provide a period of not less than days
Section 15 within which Borrower must pay all sums secured by this Security Instrument. If
Borrower fails to pay these sums prior to the expirationfurther notice of this period. Lender may invoke any
(his Security Instrument without or demand on Borrower,
remedies permitted by

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED,

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F I C (Seal) (Seal)

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DEREK DOUGLAS DICKINSON -Borrower CHERT D. DICKINSON -Borrower

.-.-
O
(Seal) (Seal)
-Borrower -Borrower

.-------(Seal)
U N
DAY TO THE ORDER
DOCUMENT
COUNTRYWIDE WITHOUT
HANK, N.A-
CUSTODY
RECOURSE
OF:
SERVICES,

BANK OF BLUE VALLEY. .A KANSAS NANKING


- A
(Seal)
-Borrower

DIVISION
CORPORATION
OF
~
[Sign Original Onlyl
TREASURY
-Borrower

ITS: VICE PRESIDENT


Mac MODIFIED INSTRUMENT
MULTISTATE BALLOON NOTE (Fixed RataF-Single Farnily--Fraldie Form 3290
Page 3 of 3
.1/01
Ino. friv-issi
Document Sywoms,
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Loan. Numbs
BALLOON NOTE ADDENDUM
(CONDITIONAL RIGHT TO REFINANCE)
THIS BALLOON NOTE ADDENDUM is made this 20th. day of AUGUST,
2003
to amend and supplement the Balloon Note made
, and is incorporated into and shall be deemed
in favor of BANK OF BLUE VALLEY, A KANSAS
by the undersigned (the"Borrower") (the "Lender")
BANKING CORPORATION •

stated on the Note is called the


and dated the same date as this Addendum (the "Note"), The interest Rate
"Note Rate." The date of the Note is called the ''Note Date. ”,
I (the Borrower) understand, the Lender may transfer the Note,
the related Mortgage, Deed of Trust,
and this Addendum. The Lender or anyone who takes
or Deed to Secure Debt (the "Security Instrument") to receive payments under
and this Addendum by transfer and who is entitled
the Note, Security Instrument
the Note is called the "Note Holder."
in the Security Instrument,
ADDITIONAL COVENANTS. In addition to the covenants and agreementsto the contrary contained in
Borrower and Lender, further covenant and agree as follows (despite anything
the Security Instrument or the Note):
1. CONDITIONAL RIGHT TO REFINANCE "Note Maturity Date"), 1 will be able to
Ac the maturity date of the Note and Security Instrument (the

L
obtain a new loan ("New Loan") with new Maturity
a Date of SEPTEMBER I ,2 03 3 ,
“New Maturity Date") and withan interest rate equal to the "Now Loan Rate" determined in accordance
(the in Sections 2 and 5 below are met (the "Conditional

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With Section 3 below if all the conditions provided
Refinance Option"). If those conditions are not met, I understand that the Note Holder is under no obligation
or extend the Note Maturity Date, and that
to refinance the Note, or to modify the Note, reset the Note Rate,
I will have to repay the Note from my own resources or find a lender willing to lend trie the money (o repay

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the Note.
to

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2. CONDITIONS option conditions must be met as of the Note
If I want to exercise the Conditional Refinance Option, certainand
must still be the owner occupant of the property subject to

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Maturity Date. These conditions are: (a) current in my mondily payments and cannot have been
the Security Instrument (the "Property ");-(b) I must be
more than 30 days late on any of the 12 scheduled monthly payments immediately preceding the Note Maturity
or other adverse matters affecting

F
or encumbrances against the Property,
Date; (c) there are no liens, defects, not yet due and payable) arising after the
title to the Property (except for taxes and special assessments
Rate cannot be more than 5 percentage points above the
Security Instrument was recorded; (d) the New Loanto the Note Holder as provided ip Section 5 below.
written

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Note Rate; and (e) I must make a request

3. CALCULATING THE LOAN NOTE RATE the Federal Home Loan Mortgage
The New Loan Rate will be a. fixed rate of interest equal to

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Corporation’s required net yield for 30-year
fixed rate mortgages subject to a 60-day mandatory delivery
commitment, plus one-half of one percent (0.5 %), rounded to the nearest one-eighth of one percent (0.125%)
(the "New Loan Rate"), The required net yield shall be the applicable net yield In effect on the date and timeIf

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of
of day that the Note Holder receives notice my election to exercise the Conditional Refinance Option.
determine the New Loan Rate by using
this required net yield is not available, 'the Note Holder will . .
comparable information.
4. CALCULATING^ TRE NEW PAYMENE AMUWT——— is not greater than 5 percentage points
Provided the New Loan Rate as calculated in Section 3 above 2 are satisfied, the Note Holder will
Rate and all other conditions required in Section above
above the Note
~determtne"IGe amouhTofTffirmonttiy’qpaymeirtvhat-wilbb^

Famlly—FrcddiB Mao UNIFORM INSTRUMENT


MULTISTATE BALLOON NOTE ADDENDUM (Refinance!-Single
1 of 2 Form 3292 1/01
Ooeuwiooi s,ja.an. lie. (Soo) Page
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all other sums I will owe under the Not? and Security Instrument
plus (b) accrued but unpaid interest, pins (c)monthly payments then • are current, as required under Section 2
the Note Maturity Date ('assuming fny
New Loan Rate in equal monthly payments. The result of thisis
Ort
above), over the term, of the New Loan at the and interest payment every month until the New Loan
calculation will be the amount of my n&w principal
fully paid.
5. EXERCISING THE CONDITIONAL' REFINANCE OPTION
The Note Holder will notify me at least 60 calendar days in advance of the Note Maturity Date and
but interest, and all other sums I am expected to owe on Hie Note
advise me of the principal, accrued- unpaid
advise me that may exercise the Conditional Refinance Option
Maturity Date. The Note Holder also will The Note Holder will provide my payment record information,
I

if the conditions in Section 2 above are met. in


of the person representing the Note Holder that I must notify
together with the name, title and address If I meet the conditions of Section 2 above, I may
order to exercise the Conditional Refinance Option. the Note Holder no earlier than 60 calendar days and
exercise the Conditional Refinance Option Note by notifying
Maturity Date, The Note Holder will calculate the fixed net
New
no later than 45 calendar days prior to the applicable published required
Loan Rate based upon the .Federal Home Loan Mortgage Corporation’s
of day notification is received by the Note Holder and as calculated
tn
yield in effect on the data and time30 calendar days to provide the Note Holder with acceptable proof of my
Section 3 above. I will then have Date the Note Holder will
and property lien status. Before the Note Maturity
required ownership, occupancyrate and a date, time and

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new monthly payment amount
advise me of the new interest (the New Loan Rate), the refinancing. I
to sign any documents required to complete required
place at which I must appear me a $250 processing fee and the costs associated with the exercise
understand the Note Holder will charge
but not limited to the cost of updating the title insurance

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of the Conditional Refinance Option, including
policy.
to the terms and covenants contained in this Balloon
BY SIGNING BELOW, Borrower accepts and agrees

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Note Addendum.

F I -(Seal)

F
--(Seal) CHERI D. DICKINSON -Borrower
DEREK DOUGLAS DICKINSON -Borrower

.....;_____.
O
_- (Seal)
(Seal)
-Borrower

.___,_-__
N
-Borrower

U
™. (Seal) .(Seal)
-Borrower
.-Borrower
- - [Sign Original Oniyl

Fumlly-Freddle Mac UNIFORM INSTRUMENT


MULTISTATB BALLOON NOTH ADDENDUM (Refiirance)-Singlc
2 Ot 2 POHU 3292 1/01
Doaunwni loo. <3001 649-1362
Frige
SyelAait.

U451922.MX
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EXHIBIT B

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OOWEN LOAN SERVICING, UC
240 TECHNOLOGY DRIVE
IDAHO FAILS, ID 83401

CORPORATE ASSiGWMENT 0FJ8QM0&M

SELLERS KBVCIIraaMMiTTMta 'OIOMN80N*


IWMTWi LOMO^^MB
old aenviomd
Date olAielgnment: April 9th, 2015 But ■ ■
Aealgrwn Chrirtlana 7W, a dMilon of WIMrnriort Sovtog* Fund Boctety, FSB, not In Ila IndMduel awlrclfy
TrurtM of ARLP -null fl by W» attonwy In feta oowen Loan Barvtetno, LLC at 1661WURTHIHGTON HO,
SUITE
100, WEST PALM BEACH, FL 33409
IN ITS INDIVIDUAL CAPACITY BUT AS
Aatlgnea; WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT
TRUSTEE OF ARLP SECURITIZATION TRUST, SERIES 20144 at C/OALT18OURCE ASSET,
MANAGEMENT
CORP, 402 STRAND ST, FREDEfltKSTED,VI 00640 WIFE To: BANK OF
Executed By: DEREK DOUGLAS DICKINSON AND CHERI D. DICKINSON, HUSBAND AND
BLUE VALLEY
1425 «» hNtninwit
EM of Mortgage: 0BHW2Q03 Reoortet W0S2003 In sodfaReatOter: 04WS Pego/Fotlo:Inirtrvmert Nat
Non 2003158465 RoRworded 1112412003 h BooWRwUUberl 951W PirgWFolfc: 1911 aa
2003209939 In the County of Sernlnole, Stete of Rodda.

Property Addraat 6087 SYLVAN WOODS DR. SANFORD, FL 32771

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KNOW ALL MEN BY THESE PRESENTS, that for flood and valuabto wneldemllon, the receipt
and auffldanoy of
Which la hereby adtnawladgad, the Mid Aedgnor hereby asalpna unto the above-named Awlgneo,
tha Mid

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and ths M benefll of «W the
Mongega tn vino an original principal aun of3322,000,00 with totefeat, Mourod thereby, and conveys
power! and or at tha oovononte and prmirro> thareln contalnod, and the Mid Awlgnor hereby urant!
unto tha Mid Aailgnie, tha AMlgnoHa Infers! under the Mortgage.

TO HAVE AND TO HOLD Iha eald Mortgage, amt the aaM property unto Bia
Mid AmIutoo forever, aubfod to,ths
temu oorrtelnod h Mid Mortgage.

C
e t l aa dMekm
■ C h r l Trurt n a of Wilmington Swinge Fund Society, FSB, ml In Ila Individual ogpactly but a» Truateo of

I
ARLP True! fl by tfe attorney In fttotOowonLowiSwvWns, LLC pOADWftDil! InBobWReeVUbirnMIS
Ho.: 2015019719
PB8^F^^^|g»lnimer>t

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Aythortead Signer

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STATE OF jy*
county oOnMUtaadt.

iMMtBfttWILlIIMB jijto^Jubtiaih andto BtactHffc ,th

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APR 13 ZQ.B , before ma,
On
_,

the State trf. taai »eiwiWw9«’OBn£l®ffli^S__i Aidhorteed Signer, parMnally


Known to maforptsvadtomaon tha baate of eathtasory avWsnoa) to b* the pereonfe)
whom narmfe) le/ara
aubeotlbed to the wM inetnimenl and achnowtedsed to me that ho/Wielhey executed the tame to fflj/itarrthofr
behalf of
authoiiiad rapacity, and that by hhllwllhidralgnahno on Iha Iratrumanl tha pereonfo), or the ontfly upon

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whichIha porwifo) acted, toteeuted the Inatamont,

Witness my hand end official awl

''TMmsiwiintMia-
'fbn am (THe area tor notarial eaal>

-.iteWraOwCTwaraeMohaiemBIwwOHeMroMssBXS^itHKMteriscMBMjfnsiffllj^rjWjor!^^

MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY FL


CLERKS # 2015049036 BK 8459 Poe 1933 -1934; (Jpgs) &SE0ORDED O4/2W2O15 08122;25 AM
18.50
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Oklahoma City, OK 73134

BUT
FOR VALUE RECEIVED, WILMINGTON TRUST, N.A. NOT IN ITS INDIVIDUAL CAPACITY
AS TRUSTEE OF ARLP SECURITIZATION TRUST, SERIES 2014-1, 36C STRAND STREET,
AS TRUSTEE
CHRISTLANSTED, VI 00820-0000, hereby assign and k-ansfer to U.S. BANK TRUST, NA.,
FOR LSF9 MASTER PARTICIPATION TRUST, 13801 WIRELESS WAY. OKLAHOMA CITY, OK
said in the amount of recorded in the
73134-0000, all its right, title and interest in and to Mortgage 5322,000.00,
AUGUST and recorded on
State of FLORIDA, County of SEMINOLE Official Records, dated 20,2003
SEPTEMBER 05, 2003, as Instrument No. 2003156'455, fa Book No. 04995, nt Page No. 1426, and
Re-Recorded on: NOVEMBER 24,2003 as Instrument No. 2003209539, in BookNo. 05109, at Page No.
1911.
Executed by. DEREK DOUGLAS DICKINSON AND CHERI D. DICKINSON, HUSBAND AND
WIFE
(Original Mortgagor).
Original Mortgagee: BANK OF BLUE VALLEY.

Date: JULY 26, 2016


WILMINGTON TRUST, N .A. NOT IN ITS INDIVIDUAL CAP ACITY BUT AS TRUSTEE OF ARLP

xi
SECURITIZATION TRUST, SERIES 2014-1, BY CALIBER HOME LOANS INC., AS ATTORNEY
fact
IN

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Mindi Coleman, Authorized Sanatory

WITNESS:

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O F
Tiuika PryorTatton

State of OKLAHOMA )
j
Kimberlea Travers

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County of OKLAHOMA } ss-

On JULY 26,2016, before me, Nancy Ortiz, a Notary Public, personally appeared Mindi Coleman ,
who

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on the basis of evidence to be the person(s) whose nanie(S) is/are subscribed'to the
proved to me satisfactory
wrthfa instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
on the instrument the persoh(s),- or the ehtity iipon behalf of
capacity (ics) and that by lu s/her/their signatnre(s) -
Witness my hand and official seal.

Ni&ifig Ortiz
Mysoinrnission expires: 09/29/2016

MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY FL


CLERK'S #2016083666 BK 8745 Pg 0856; (1 pg) E-RECORDED 08/11/2016 11:08:46 AM
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OpR# 2015046035 OFFICIAL RECORDS O DOOJTYPE ASM 0K 6459 PG 1834PAGE
2 OF 2
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OU TUMI, MIN ooiir
This inelmmentwen prepared by:
Kalpana Kalasamudran
Indacomm Global Services
2825 Country Drive
St. Poul, MN 55117

Assignment of Mortgage
Oaiew oeptsmoer 23,2014 Loa
For value received Bank of Arnaitca, National Association, by Indscornm Holdings, Ins,, oipis
Indacomm Global Barvtaas, Its attornoy lit fast, 7185 Corporate Drlva, Plano, TX 75824, tha
undarplgnad hereby Grants, assigns and transfers to Christiana .trust, a division of Wilmington
Savings Fund Society, FSB, not In Its Individual capacity but is Trustee of ARLP Trust 5, In c/o
Altleourcs Aaaat Management Corporation, 402 Strand St, Frettoriksfed. VI80820, ell boneflclal
Interest under a certain Mortgage dated August 20,2003 executed by DEREK DOUGLAS DICKINSON
AND CHERI D. DICKINSON, HUSBAND AND WIFE and recorded In Book 04985 on Paflefs) 1420 as
Document Number 20O315B455 on Septembers, 2003 of theofffclal records of the County Recorder
of Seminole County, Florida.

WITNESSES: Bank of America, National AsacoMon, by


tndaoonim Holdings, lnc„ d/Wa Indeoomni Global

!: PangmeW'ang

STATE OF Minnesota
COUNTY Ramsey
>

)Bs

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On September 23,2014 before ma, bhs Cindy Fang, Notary Public In and for said State personally

I
nppoerod Htnrcy Kay Koopman, Assistant Secretary of Bank of America, National Aeaoclotlon,
by Indecomni Holdings, tarn, dMa (nclocomm Global Ssrvtosx, Ho attorney In fact, personally
known to mb to be the portion whose name Id eubscrlbod to (ha wllhtn Inrsttitmant and acknowledged to

F
ma that,s/he executed the anmo In his/her authorised capacity, and that by his/her signature on the
Instrument the entity upon behalf of which the parson acted, executed the Instrument WITNESS my
hand and official seal.

O F Bao Cindy Fang, Notary Public


My Commission expires: January 31,2917

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kBAOCfNDYj$^
L^^^IIWInnaiota
H MW

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Book8343/Paae96 CFN#2014108989
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Loan Number

Date: AUGUST 20, 2003


Property Address: 66B7 SYLVAN WOODS DR, SANFORD, FLORIDA 32771

EXHIBIT "A'

LEGAL DESCRIPTION

LOT 152, THE GLADES ON SYLVAN LAKE PHASE 2, according to the plat
thereof, an recorded in Pint Book 52, Pages 45-69, inclusive, Public
Records af SEMINOLE COUHTY, Florida

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pOcM*vAr£CTHvuua emu iitl
•gk.coni

HeWhlMC

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RnnkRinq/Panol Q37 r.FM^an^^nQ^An
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Prepared by and Return to; ®W OS/M/BME
lft.00
BBCMDIW FEES
PH
MoHMHardvdeklSchneidcr
9409 Philadelphia Fowl SKCtHBnD W T Baath
Baltimore, Mnyhnd 21237
File: FD970lr2S8.il
Assiyiimerit of 131(11 t^^ne

Assignor: Mortgage Electronic Registration Systems Inc.


Assignee: BANK OF AMERICA. N.A,

For Valuable Consideration tho receipt of which is hereby ackrw wlcdgcd, the Assignor hereby assigns and
transfers the following described Mortgage unto the Assignee:

Mortgage, in the amount of $322,000.00. executed by DEREK DOUGLAS DICKINSON, CHERI D.


DICKINSON, Mortgager, In fhvor of Kansas Bonking Corporation, doled AugwilO, 2003, and recorded on
September S, 2003 inofficial Records, Book 4995 Page 1426 of the Public Records ofScmlnolc County,
Property Address: 6687 SYLVAN WOODS DRIVE, SANFORD, FI, 32771
Witness this day of WL?—

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Byt Mortgage ElectroplctRcgistralIon Systems Inc,

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WITNESS I
Name: AMiDtwnss
Title:
WETNESS 2
.J

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-c

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ACKNOWLEDGMENT III
Stale urCnlifoailu

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County of

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On before me.

fcMlLyVLf__
( Insert name and title of the o! Iker)

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Personally appeared
Who proved to mo on tlw bash of sailsfaciory evidence to bo the pcnwnfa)'whose namo^is/ptfcsubscribed to the
within instrument and acknowledged to me that h*/»he/t{>c9executed tKo same In tp4?hcr/jwirauthorized

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capacItyUpd), and that by MkQier/th6ir slgnruurffs) on tiro Instrument the personpO, or the entity upon trchnlf of
which tile person^ acted, executed the Insinwienr.

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I certify under PENALTY OF PERJURY under the laws of die Slate of California Hurt the foregoing paragraph Is
true nnd correct.
wcTw tC
Witness my hand and official seal. I/kSJKA Connmission * WS518
iSwVRWy Notary Public. CSHtCtNs J
rWaijyr-
Mr Comm Expires F<b 7.2013 J

Book7799/Page245 CFN#2012075095

RHE
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B(HYW££ HOSE, HE® O' C1MM1T OUJNI

CLERK’ S lb 2003209540
L3ZM8 ftEORBED 11/24/8003 0813?»l*
Ml
HIUROIW FEES 15.00
BtCBWHl SY E O»K«n*V

BANK OF BLUE VALLEY


f«KcicerV
7900 COLLEGE BOULEVARD F?Vtye<~
OVERLAND PARK, KANSAS 66210
Loan Nurnben—

' •
1—-u—-r fSpsco Above Thia Une For Aeoordlho Pm«}
„_ASSIGNMENT OF MORTGAGE_
FOR VALUE RECEIVED, lire tundersignol hereby aranis. assigns and transfers to
EUCiJtaiK R£BI$IRATICN SYSTEMS, 1HC,, ITS SUCCE5SCRS A® ASSIGNS,
MORTGAGE I

whose mailing addrest ti p.o. (ex 2026, FLINT, MICHIGAN 48501-2026


all of the underaigocd's right, title and interest in, to and under that certain

L
Mortgage dated
AUGUST 20, 2003 executed by DEREK DOUGLAS DICKINSON AND
D. DICKINSON, HUSBAND AND WIFE CHERI
:

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to , as mortgagor,
BANK OF BLUE VALLEY
, ns mortgagee.
and recorded cither
□ concurrently herewith; or

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a .
□ ru Instrument No.
,

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on
me lMa.tr . ih the Official Records in the County Recorder’s office of
bookLffi6 ,

■* VXl\ SEMINOLE County,

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deecribJng l*ndLhcreinao:
hereto and a part hereof as
,
»§wt^??A^a?KBCRIP'1'3;0N
^.roJXJ, JL
ATTACHED made
?LP.N. #: 25-19-25-502-0000-1520

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[TOGETHERwith thft rwtoor noire therein drtcribed or referred tp^ the money due nod to bworoo

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with hiUreat, and all rights accrued or to accrue under old
Mortgage.
1 due thereon

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jfUDA ASSIGNMEWTOFMORTGAGE/CORPORAWN On PARTNeRBHIP
oi t<XWJTJf2
Page 1 2
Wvr&<dtocmttgft,tM>a9

RnnfcKI (WPanM Gan r.FN^nfKWWUA


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Signed, sealed and delivered in tie presence oft
Witnesses; BANK OF BLUE VALLEY, A KANSAS
BANKING CORPORATION

GW SNOUFFER
VICE PRESIDENT

__.
..._
STATE OF KANSAS. )

...
'ft' >SS.
FLINTY OF JOHNSON )
Tie foregoing fnstosnent vu acknowledged before
nethis_16IH—, davof-SFPmHHl mm
■ y G1M WFfFB
la--VICE PRESIDENT
thr, HANK OF BLUE VALLEY

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Signature

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;AHG1 R HWT.
(S/fa, syps Of Soap Coauntekocd N«w st Netto PuHIc)
(Scat)
TetsonaHy
Produced
knowiiC^Olj)—
Identification_

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Type of Identification Produced:

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My Cwnmlssion expires:

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ANSI R, HUNT „
.

O F (Affix Notarial Seal) HERS m*iE : 1-808-679-6377

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riOHtDA ASSISNMtNT OF MOnVGAOLCOWOBAriON OH PARTNERSHIP
P«0a 2 at 2

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inriirw.chmMfilCJWn

RnnkSWQ/PariDlQfM nFN:tf?nrWnQK4n
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EXHIBIT “B”

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"*«*
asssax
Mt, OEM OF CIIKJIT MT
LAKcMnni.rl.— casnv
BK 04995 PG ,425
CLERK’S » 2003156455
This Insimmeol Prepared By: ffiSKD wwem kmoz m
c4 %1'j-h. IWBMTM 1,187.06
IMMB TM 644.00
SC0HIW FEES KM
WWW JErtmroth
BANK OF
>Sc<asT».
’BLJJB^iLI.EY
7a3-.W
7900 course BOULEVARD
OVERLAND »AP2^^^^^^G21U

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LoajrNumb^'

--
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“ 1

-(Space Above This Una For Recording Data!


MORTGAGE

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DEFINITIONS

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Words used in multiple sections of this document are defined below and other words are defined in Sections 3.11,
13,18, 20 and 2i. Certain rules regarding (he usage of words used tn this document are also provided in Section 16.

F
(A) "Security Instrument11 means this document, which is dated AUGUST 20, 2003 , together
with all Riders to this document.
(B) ’'Borrower" ts DEREK DOUGLAS DICKINSON AND CHERI D. DICKINSON,

F
HUSBAND AND WIFE

Borrower is the mortgagor under this Security Instrument.

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(C) "Lender" is BANK OF BLUE VALLEY

Lender is a KANSAS BANKING CORPORATION organized


and existing under the laws of KANSAS
Lender’s address is 7900 COLLEGE BOULEVARD, OVERLAND PARK, 6623 0

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KANSAS

Lender is the mortgagee under this Security Instrument.


(D) "Note" means the promissory note signed by Borrower and dated AUGUST 20, 2003
The Note states that Borrower owes Lender THREE HUNDRED TWENTY-TWO THOUSAND AND

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00/100 Dollars (U.S. $322,000.00 )
pl us interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than SEPTEMBER 1, 2033
(E) "Property" means the property that is described below under the heading ’Transferor Rights in the Property.'
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.

Borrower initials:
FLORIDA—Single Fsmily-Finnie Mee/Reddia Mac UNIFORM INSTRUMENT
Form 3010 1/01 Page 1 of t4 www.aoemagic.com
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PILE NUN 8003156455
OR BOOK 0*995 PAGE 1*27

(G) "Riders" means all Riders to this Security Instrument that arc executed by Borrower. The following Riders are
to be executed by Borrower (check box as applicable]:

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Q Adjustable Rate Rider Q Condominium Rider Q Second Home Rider
[x] Balloon Rider BO Planned Unit Development Rider □ Otherfs) |specify|
□ 1-4 Family Rider Q Biweekly Payment Rider

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(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appcalablc judicial
opinions.
(I) ''Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Borrower or the Properly by a condominium association, homeowners association or similar

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organization.
(JI) "Electronic Funds Tranafer" means any transferor funds, other than a transaction originated by check, draft,

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or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as Io order. Instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not lintlM to, poinWf-Jalc transfers, automated toller machine transactions, transfers initiated by

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telephone, wire transfers, and auiomatcd clearinghouse transfers.
(K) "Escrow Items’' means those items that are described in Section 3.
(L) ’'Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or

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destruction of. the Property; (ii) condemnation or other taking of all or any part of the
Property; (Hi) conveyance in
lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(M) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment of. or default on, the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and Interest under the Note,

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plus (it) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument,

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"RESPA" refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan"
even if the Loan does not qualify as a "federally relaxed mortgage loan" under RESPA.
(P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that
parly has assumed Borrower's obligations under the Note and'or this Security Instrument.

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TRANSFER OF RIGHTS IN THE PROPERTY

This Security Instrument secures to Lender: (0 the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower’s covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the
following described property located in the
COUNTY of SEMINOLE :
{Type of Recording Jurisdiction! INimc of Recording Juriwiiclionl

Borrower Initials:
FLORIDA-Sintfe Famiiy-Fannie Moe/Frecfd<« Mac UNIFORM INSTRUMENT
Form 3010 1/01 Pafla2otI4 ww9>r.doanBg/c.ix>m

SUCKUMu
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FILE MM 2003156453
OR BOOK 04993 PAGE 1428

SEE LEGAL DESCHIPHCN ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A".
A.P.N. #: 25-19-29-502-0000-1520

which currently has the address of 6687 SYLVAN WOODS DR

32771
(SWMtl

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SANFORD Florida
, ("Property Address'):
|CI»I

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(Zip Ctxlc|

TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of (he property. AU replacements and additions shall also be

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covered by this Security Instnimeat. Al! of the foregoing Is referred to in this Security instrument as the
’Properry.*
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right
to mortgage, grant and convey the property and that the Property is unencumbered, except for encumbrances of

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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 INSTR UMENT combines uniform covenants for national use and non-uniform covenants with

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limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows;
I. Payment of Principal, Interest* Escrow Items, Prepayment Charges, and Late Charges. Borrower shall
when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and laic

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pay
charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other
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

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one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose
deposits are insured
by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at (he location designated in the Note or at such other
location as may be designated by Lender in accordance with rhe notice provisions in Section 15. Lender may return

InuiaH:_
any payment or partial payment if the payment or partial payments arc insufficient to bring the Loan current. Lender
may accept any payment or partial payment insufficient to bring the Loan current, without waiver Of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments In the future, but Lender is iwi
obligated to apply such payments al the time such payments are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds
until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable
period of
time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be
Bonnwer
FLORIDA-Sinola Family-Fannie Mae/Freddis Mac UNIFORM INSTRUMENT DoofifgiGC^iiKIlM BQQGfttm
Form 3010 K01 Pago 3 of 14 yrww.tfocmfgrc.com
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FILE NUN 20031*56453
OR BOOK 04995 PAGE 1429

applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future
against Lender shall relieve Borrower from making payments due
under the Note and this Security Instrument or performing the covenants and

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agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2. all
payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;

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(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be to each Periodic
applied
Payment in the order in which it became due. Any remaining amounts shall be applied first to late second
to any other amounts due under this Security Instrument, and then to reduce the principal balance ofcharges,
the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent
payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any
payment received from Borrower to the

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repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To (he extent that
any excess exists after the payment Is applied to the full payment of one or more Periodic Payments, such excess may

I
be applied to any late charges due. Voluntary prepayments shall be applied first to
any prepayment charges and then
as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note

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shall not extend or postpone the due date, or change the amount, of the Periodic Payments,
3. Funds for Escrow Hems. 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 amounis due for; (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the

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Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and al) insurance
required by Lender under Sections; and (d) Mortgage Insurance premiums, if any. or any sums payable by Borrower
to Lender in lieu of the payment of Mortgage insurance premiums in accordance with the
provisions of Section 10.

..
These items arc called ’Escrow Items." At origination or at any lime during the term of the Loan, Lender
may require

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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 promptly furnish to Lender all notices of amounts to be
paid
under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or 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.

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Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts
evidencing such payment
within such time period as Lender may require. Borrower's obligation io make such payments and to
provide reccipls
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase

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“covenant and agreement’’ is used tn Section 9. If Borrower is obligated to pay Escrow ftents directly, pursuant io
a waiver, and Borrower fails to pay the amount due for an Escrow Item, Under may exercise its
rights under Section
9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender
any such amount.
Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient W permit Lender lo apply the Funds
at (he time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA.
Lender Shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures
of future Escrow Items or otherwise tn accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Luan
Borrower Initials: 422. ._C£u) ..
FkORSDA-Sintf# Famliy-Fan^a Maa/FieddlB Mac UNIFORM INSTHUMENT
Fwm 3010 t/01
nO4W362
Pago 4 of 14 www.rfocmofc.com
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OR BOOK 04995 PAGE 1430

Bank. Lender shall apply the Funds to pay the Escrow hems no later than the time
shall not charge Borrower for holding and applying the Funds,
specified under RESPA. Lender
annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower Interest on the
Fundi and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or Applicable Law

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requires interest to be on the Funds,
Lender shall riot be required to pay Borrower any interest or earnings on the Funds. Borrower andpaid
Lender can agree
in writing, however, that Interest shall be paid on ihe Funds. Lender shall
give to Borrower, without charge, an
annual accounting of the Funds as required by RESPA,

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If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for
the excess funds in accordance with RESPA. If there is ashortage of Funds held in
escrow, as defined under RESPA,
Lendcrshall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessity to make
up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a
deficiency of
Funds betd 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 but no more than
RESPA, in

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12 monthly payments.
in full of all sums

I
Upon payment secured by this Security instrument, Lender shall promptly refund to Borrower
any Funds held by Lender.
4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and
impositions attributable to
the Property which can attain, priority over this Security Instrument, leasehold
payments or ground rents on the

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if
Property, 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 promptly discharge any lien which has priority over this Security Instrument unless Borrower:
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(a) agrees writing io the payment of the obligation secured by the lien in a manner acceptable to Lender, but only

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so long as Borrower is performing such agreement; (b) contests the lien in
good faith by. or defends against
enforcement of the lien in, legal proceedings which in Lender's opinion
operate ro prevail the enforcement of tl ic lien
while (hose proceedings are pending, but only until such proceedings are concluded; or
(c) secures from the holder
of Ihc lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender

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determines that any part 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 dale on which Ibm notice is
given.
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service

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used by Lender in connection with this Loan.
5. Properly Insurance. Borrower shall keep the improvements now
existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage, * and any other hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained in the amounts (Including deductible levels) and for the periods that Lender

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requires. What Lender
requires pursuant to the preceding sentences can change during the term of the Loan. The insurance wirier 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, inconnection with this Loan, either:
(a) a one¬
time charge for flood zone determination, certification and tracking services; or (b) a one-time
charge for flood zone
determination and certification services and subsequent charges each time remappings or similar
changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of
any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at
Lender’s option and Borrower’s expense. Lender is under no obligation to
purchase any particular type or amount
of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's
Borrower Initials:
rr^y
FLOmDA-Sneie FomBy-fannte Msre/FwWie Mac UNIFORM INSTRUMENT
Form 3016 i/Ot QoaMgQfclS/tni&ffl aw tvs
Page5o< 14 Mrww.rfocnM^/c.cwn
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OR BOOK 04995 PAGE 1431

equity in (he Property, or the contents of the Property, against any risk, hazard or liability and might provide
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance greater
obtained might significantly exceed the cost of insurance that Borrower could have obtained. coverage so

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Any amounts disbursed
by Under under this Section 5 shall become additional debt of Borrower secured by this
Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be
payable, with such interest,
upon notice from Lender to Borrower requesting payment.
All insurance policies required by Under and renewals of such

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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 up
additional loss payee. Lender shall have the right to 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 required 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

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payee.
Ln the event of loss, Borrower shall give
prompt notice to the insurance carrier and Lender. Lender may make

I
proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required
by Lender, shall be applied to restoration
or repair of the Property, if die 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 insurance proceeds until Lender

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has 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 disburse proceeds for (he repairs and
restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement

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is made in writing or Applicable Law requires interest to be paid on such Insurance proceeds, Lender shall not be
required to pay Borrower any interest 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.
Ifthe restoration or repair 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,

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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 settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the

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notice is given. In either event, or if Lender acquires the 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 unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights

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are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under ihe Naie 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 Instrument and shall continue to occupy 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.
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 Property. Whether or not
Borrower is residing in the Property, Borrower shall maintain the Properly in order to prevent the Property from
deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or
restoration is not economically feasible. Borrower shall promptly repair the Property if damaged to avoid further
Borrower initials:
R.ORIDA--Sioole Famiiy-Fannio Mae/Fraddio Mac UNifORWHNSTRUMENT
Form 3010 1/01 Page 6 of 14 vf^w.tfownKglc.ctim

FtroWnu
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OR BOOK 04995 PAGE 1432

deterioration otdamagc. If insurance or condemnation proceeds are 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

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single payment or in
a series of progress payments as the work is completed. If the insurance or condemnation
proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's
obligation for the completion of such repair
or restoration.
Lender or its agent may make reasonable entries upon and

IA
inspections of the Property. If it has reasonable cause,
Lender may inspect the interiorof the improvements on the Property. Lender shall
give Borrower notice at the time
of or prior to such an inferior inspection specifying such reasonable cause.
8. Borrower’s Loan Application. Borrower shall be in default if,
during the Loan application process.
Borrower or any persons orentit j« acting at the direction of Borrower or with Borrower's
knowledge or consent gave
materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with

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material information) in connection with the Loan. Material representations include, but are not limited
to,
representations concerning Borrower'! occupancy of the Property as Borrower's principal residence.

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9. Protection of Lender's Interest In the Property and Rights Under this
Security Instrument If (a)
Borrower fails to perform the covenants and agreements contained in this
Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender’s interest in the Property and/or rights under this Security Instrument

F
(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may
attain priority over this Security Instrument or io enforce laws or regulations), or (c) 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 (his Security Instrument, including protecting and/or assessing the value of the Ptopeny.

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and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a)
paying any sums
secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect lu interest in the Property and/or rights under this Security Instalment; including its secured
position in a bankruptcy proceeding. Securing the Property includes, bui is not limited to, entering the Property to

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make repairs, change tocks, replace or board up doors and windows, drain water from pipes, eliminate building nr
other code violations or dangerous condition!, and have utilities turned on oroff. Although Lender may take action
under this Section 9, Lender docs not have io do so and is not under any duly or obligation io do so. It is
agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.

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Any amounts disbursed by Lender under this Section 9 shall become additional deht of Borrower secured by this
Security Instalment. These amounts shall bear interest at the Note rale from the date of disbursement and shall be
payable, with such interest, 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 title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the

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merger in writing.
10. Mortgage Insurance. If Lender required Mortgage insurance as acondtlion of making the Loan, Borrower
shall pay the premiums required to maintain the Mortgage Insurance in effect, If, for any reason, the
Mortgage
Insurance coverage required by Lender ceases to beavailablc from the mortgage insurerthai 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 io obtain coverage substantially equivalent to the Mortgage
Insurance previously in effect, at a cost substantially equivalent to the coat to Borrower of the
Mortgage Insurance
previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage

_
Insurance coverage is not available. Borrower shall continue to pay to Lender 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 anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall he non-rcfundablc,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any
Borrower Initials^
FLORIOA-Sin^is Famiiy-Fannio MfleffVedcJi? Mac UNIFORM INSTRUMENT
Form 3010 1/0* DocMiQfcClAUAmA ecorji rJs?
Pago 7 of 14 www.tlocmtgic.com
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FILE NUM a0O31SG4S5
OH BOOK 04993 PAGE 1433

interest or earnings on such loss reserve. Lender can no longer require loss reserve
payments if Mortgage Insurance
coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender
again

L
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
the premiums required IO maintain Mortgage Insurance in effect, or to pay
provide anon-rcfundable loss reserve, unlit

IA
Lender's requirement for Mortgage 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 (his Section
10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender for 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 to the Mortgage Insurance.
Mongagc insurers evaluate their total risk on all such insurance In force from rime to time, and may enter into

C
agreements with other parties that share or modify their risk, or reduce losses. There agreements are on terms and
conditions that arc satisfactory to the mortgage insurer and the other party (or parties) to there

I
agreements. These
agreements may require the mortgage insurer w make payments using any source of funds that the mortgage insurer
may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements. Lender, any purchaser of the Note, another
insurer, any reinsurer, any other

F
entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might
be characterized as) a portion of Borrower's payments for Mortgage Insurance. In exchange for
sharing or modifying
the mortgage insurer's risk, or reducing losses. If such agreement provides that 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

F
"captivereinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
insurance, or any other toms 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.

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(b) Any such agreements will not affect the rights Borrower has - if any • with respect to tire Mortgage
insurance under the Homeowners Protection Act of 1998 or any other Jaw. These rights may include the right
to receive certain disclosures, to rcqntst and obtain cancellation of the Mortgage Insurance, to have the
Mortgage Insurance terminated automatkally, and/or to receive a refund of any Mortgage Insurance premiums
that were unearned at the time of such cancellation or termination.

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IL Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned io
and shall be paid to Lender.
If ihe Property 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

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repair and
restoration period. Lender shall have the right to hold such Miscellaneous Proceeds unlit Lender has had an
to
opportunity 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 serie? 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 applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, 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.
Borrower Inilials:
FkaRtOA'-SInaln Fan^y-Fannie Maa/Freddis Mac UNIFORM INSTRUMENT
Form 3010 1/01
aw nt-nsi
Pass 8 of 14 v/ww.tfacmaa>c.cam
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OR BOOK 04995 PAGE 1434

In the event of a partial taking, destruction, or loss in value of the


Property tn which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is to or greater than the amount
of the sums secured by this Security Instrument immediately before the partial equal destruction,

L
taking, or loss in value,
unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced
by the amount of the Miscellaneous Proceeds multiplied by the following fraction-. (a) the total amount of the sums
secured immediately before the partial taking, destruction, or lots in value divided by (b)tbefair market value of the

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Property immediately before the partial taking, destruction, or Joss in value. Any balance shall be paid to Borrower.
In the event of apanial taking, destruction, or loss in value of the
Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is less than (he amount of the sums
secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
or not the sums are then due.

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If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the
Opposing Party (as
defined in the next sentence) offers to make an award to settle a claim far damages. Borrower fails to

I
respond to
Lender within 30 days after die date the notice is given. Lender is authorized to collect and
apply the Miscellaneous
Proceeds either to restoration or repair of the Property or to the sums secured by (his
Security Instrument, whether
or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the
party

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against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender’s
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property
or rights under this Security Instrument. Borrower can cure such a default and, if r federation has occurred, reinstate

F
as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's
judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or
rights under this Security Instrument. The proceeds of any award or claim for damages thai are attributable to the
impairment of Lender’s interest in the Property are hereby assigned and shall be paid to Lender.

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All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the
order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the lime for
payment or
modification of amortization of the sums secured by this Security Instrument
granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest

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of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower
or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this
Security
Instrument by reason of any demand mad? by Ihe original Borrower or any Successors in Interest of Borrower.
Any
forbearance by Lender in exercising any right or remedy including, without limitation. Lender’s

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acceptance of
payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then
due. shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound, Borrower covenants and
agrees
that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-sign$ this Security
Instrument but does not execute the Note (a •co-signer''): (a) is co-signing this Security Instrument only to mortgage,
grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not
personalty obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of Ulis
Security
buUumcnt or the Note without the co-signer's consent
Subject to the provisions of Section 18. any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrametu tn writing, and is approved by Lender, shall obtain all of Borrower’s rights
and benefits under this Security instrument. Borrower shall not be released from Borrower's obligations and
liability
Borrower Initials; MM
FioRlDA”Single Family-Fannio Maa/Fredd!e Mac UNIFORM INSTRUMENT DocAfapfctJft-rww
Form 301Q 1/Qf Page 9 ot *4 www.doemigic.evm
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OR BOOK 04995 POG£ 1433

tinder this Security Instrument unless Lender agree* to such release in


writing. The covenants and agreements of this
Security Instrument shall bind (except as provided in Section 20) and benefit the successor* and
14, Loan Charges. Lender may charge Borrower fees for services assigns of Lender.
performed in connection with Borrower's

L
default, for the purpose of protecting Lender's interest in the
Property and rights under this Security Instrument,
including, but not limited to, attorney*' fees, property inspection and valuation fees. In regard to any other fees, the
absence of express authority in this Security Instrument to charge & specific fee to Borrower shall not be construed
as a prohibition on the charging of such fee. Lender
may not charge fets that arc expressly prohibited by this Security

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Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is
finally interpreted so that the
interest or other Ioan charges collected or to be collected in connection with the Loan exceed the
permitted limits,
then; (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit:
and (b) any sums already collected from Borrower which exceeded
permitted limit* will be refunded to Borrower.
Lender may choose to make this refund by reducing the principal owed under the Note or
by making a direct payment

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to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any

I
prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower’s acceptance of
any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might
have arising out of such overcharge.
IS. Notices. All notices given by Borrower or Lender in connection with this
Security Instrument must be in

F
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent
by other
means. Notice to any one Borrower shall constitute notice to all Borrower* unless
Applicable Law expressly requires

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otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shall promptly notify Lender of Borrowers
change of address. If Lender
specifics a procedure for reporting Borrower’* change of address, then Borrower shall only report achange of address
through that specified procedure. There may be only one designated notice address under this Security Instrument
al any one time. Any notice to Lender shall be given by
delivering it or by mailing it by first class mail to Under’s

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address staled herein unless Lender has designated another address by notice to Borrower.
Any notice in connection
with this Security In^romoU shall not be deemed to have been given to Lender until
actually received by Lender.
If any notice required by this Security Instrument is also required under
Applicable Law, the Applicable Law
requirement will satisfy the corresponding requirement under this Security Instrument.

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16. Governing Law; Severability; Rufes uf Construction. This Security Instrument shall be
governed by
federal law and the law of the jurisdiction in which the Property is located. All
rights and obligations contained in
this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might
explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be

U
construed as a prohibition against agreement by contract. In the event that any provision or clause of this
Security
instrument or the Note conflicts whh Applicable Law, such conflict shall not affect other provisions of this
Security
Instrument or the Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding
rttutcr words or words of the feminine gender; (b) words in the singular shall mean and include the
plural and vice
versa; and (c) the word "may’ gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of (his
Security Instrument.
18. Transferor the Property ora Beneficial Interest in Borrower. As used in this Section
18, ’interesi in
the Property* means any legal or beneficial Interest in the Property, including, but nor limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent

w.
of which is the transfer of title by Borrower at a future date io a purchaser.

Snrrnwer Initials:
FLCRIDA-Slngic Famity-Fanme Ma*/FrBddiB Mac UNIFORM INSTRUMENT Doc6ftgiGfla»*uHs bog^s-iisj
Fo/mSOtO t/OI Page 10 of 14 ww w. doernatfe. com

HWUKlwj
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[f all or any part of the Property or any Interest in the Property is sold or transferred {or if Borrower is not a
natural person and a beneficial Interest in Borrower is sold or transferred) without Lender’s
prior written consent.
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this

L
shall not be exercised by Lender if such exercise is prohibited by option
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower

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must pay all sums secured by this Security Instrument. If Borrower fails w
pay these sums prior to the expiration of
this period. Lender may invoke any remedies permitted by this Security lostromcni without further notice or demand
on Borrower.
19. Borrower’s Right to Reinstate After Acceleration. If Borrower meets certain conditions. Borrower shall
have the right to have enforcement of this Security Instrument discontinued st any time prior to the earliest of: (a)
five days before sate of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such

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other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or
(c) entry of a
judgment enforcing this Security Instrument. Those conditions arc that Borrower: (a) pays Lender all sums which

I
then would be due under this Security Instrument and the Note as if no acceleration had occurred: (b) cures
any default
of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including,
but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest tn the Property and rights under this Security Instrument; and (d) takes such

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action as Lender may reasonably require to assure dial Lender’s interest tn the Property and rights under this Security
Instrument, and Borrower’sobligationto pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the
following forms,

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as selected by Lender: (a)cash; (b) money order; (c) certified check, bank check, treasurer’scheck 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 (d) Electronic Funds Transfer. Upon reinsia i ctncnt by Borrower, this Security Instrument and obligations
secured hereby shall remain fully effective as if no acceleration had occurred, However, this
right to reinstate shall
not apply tn the case of acceleration undec Section 18.

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20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Nuie
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
result In a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note
and this Security Instrument and performs olher mortgage loan servicing obligations under (he Note, this

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Security
Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale
of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will
state the name and address of the new Loan Servicer, the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter

U
the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed
by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that
alleges (hat (he other party has breached any provision of. or any duty owed by reason of, this Security Instrument,
until such Borrower or Lender has notified thcothcr party (with such notice given
incompliance with ’he requirements
of Section 15) of such alleged breach and afforded the olher party hereto a reasonable period after lb? giving of such
notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action

mm
can be taken, that time period will be deemed Io be reasonable for purposes of this paragraph. The notice of
accclcraUGn and opportunity to cure given to Borrower pursuant io Section 22 and the noria of acceleration given

Borrower Initials:
FLORIOA-Sinsle Family-Fanrue Mae/Freddie Mac UNIFORM INSTRUMENT
Ferm 3010 1/01 Doe&Ugtoe&ma immhu
Pago 11 of 14 wt#w.<iaemaglc.com
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FILE NUM 8003136*58
OR BOOK 0*993 PAGE 1*37

to Sorrower pursuant to Section 18 shall be deemed to


satisfy the notice and opportunity to take corrective action
provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21:
(a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes Environmental Law
by and the following substances:

L
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents,
materials containing asbestos Of formaldehyde, and radioactive
materials; (b) 'Environmental Law” means federal
laws and laws of the jurisdiction where the Property is located that relate to
health, safety or environmental protection;
(c) "Environmental Cleanup" includes any response action, remedial action, or removal

IA
action, as defined in
Environmental Law and (d) an "Environmental Condition" means a condition that can
cause, contribute to. or
otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of
or threaten to release any Hazardous Substances, on or in the any Hazardous Substances,
Property. Borrower shall not do, nor allow anyone else
to do, anything affecting the Property (a) that is in violation of
any Environmental Law, (b) which creates an
Environmental Condition, or (c) which, due to the presence, use. or release of a Hazardous

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Substance, creates a
condition that adversely affects the value of the
Property. The preceding two sentences shall not apply to the

I
presence, use, or storage on the Property of small quantities of Hazardous Substances that arc
to be appropriate to normal residential uses and to maintenance of the generally recognized
Property (including, but not limited to,
hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a)

F
any investigation, claim, -demand, lawsuit or other
action by any governmental or regulatory agency or
private party involving the Property and any Hazardous Substance
or Environmental Law of which Borrower has actual
knowledge, (b)any Environmental Condition, including blit not
limited to. any spilling, leaking, discharge, release or threat of release of
any Hazardous Substance, and (c) any

F
condition caused by the presence, use or release of a Hazardous Substance which
adversely affects the value of the
Property. If Borrower teams, or is notified by any governmental or regulatory authority, or any private
party, that
any removal or other remediation of any Hazardous Substance affecting the is necessary, Borrower shall
Property
promptly take all necessary remedial actions in accordance with Environmental Law.
Nothing herein shall create any
obligation on Lender for an Environmental Cleanup.

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NON-UNIFORM COVENANTS. Borrower and Lender further covenant and
22. Acceleration; Remedies. Lender shall give notice to Borrower agree as follows:
prior Io acceleration following
Borrower's breach of any covenant or agreement In this Security Instrument (but not
prior to acceleration under

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Section 18 unless Applicable Law provides otherwise). The notice shull
specify: (a) the default; (b) the action
required to cure the default; (c) a date, not less than 30 days from the date the notice is
which the default must be cured; and (d) that failure to cure the default on or before the given to Borrower, by
date specified in the
notice may result in acceleration of the sums secured by this Security
Instrument, foreclosure by judicial

U am_
proceeding and sale of the Property, The notice shall further Inform Borrower of the right to reinstate utter
acceleration and the right to assert in the foreclosure
proceeding the non-exIdtttKc of a default or any other
defense of Borrower to acceleration and foreclosure. If the default Is not cured on or
before the date specified
In the notice. Lender at its option may
require Immediate payment in Cull of all sums secured by this Security
Instrument without further demand and may foreclose this Security Instrument
shall be entitled to collect all expenses incurred in by judicial proceeding. Lender
pursuing the remedies In ibis Section 22, including,
but not limited to, reasonable attorneys' fees and costs of title evidence.provided
23. Release, Upon payment of all sums secured by this
Security Instrument. Lender shall release this Security
Instrument. Borrower shall pay any recordation costs. Lender
may charge Borrower a fee for releasing ibis Security
Instrument, but ojjly if the fee is paid to a third party for services rendered and the
under Applicable Law. charging of the fee is permitted

Borrower Initials;
FLORiOA-sinste Fnrra!y--F*nnie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3010 1/01 t3ucMppfc0Xuna>$ goo-hmm
Pafl8t2of14 www.dacmaglc.com

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OR BOOK 0*995 PAGE 1438

24. AftOMeys' Fees. As used in this Security Instrument and the


Note, attorneys' fees shall include those
awarded by an appellate court and any attorneys' fees incurred in a
bankruptcy proceeding.
25. Jury Trial Waiver. The Borrower waives atrial
hereby any right to by jury in any action, proceeding,

L
claim, or counterclaim, whether in contract or tort, at taw or in equity,
arising out of or in any way related to this
Security Instrument or the Note.

BY SIGNING BELOW, Borrower accepts and


agrees to the terms and covenants contained in this Security

IA
Instrument and in any Rider executed by Borrower and recorded with it.

_(Seal)

C
atm b —

_(Seal)
DEREK DOUGLAS DICKINSON -Borrower
Dickinson (Seal)

I
-Borrower
6687 Sylvan .Woods Drive 6687 Sylvan Woods Drive
Sanford, Florida 32771 Sanford, Florida 32771

__(Seal) F
-Borrower
— (Seal)
-Borrower

O F -Borrower

Signed, sealed and delivered in th? presence of:


(Seal)
-Borrower

U N
FLORIDA-SinotB FamiJy-FannlB Mae/Fretfdie Mac UNIFORM INSTRUMENT
Form 3010 1/01 Paso 13d 14
OocMtsic&ftnw iOG&9-t.K7
www.d6Onigie.tam
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FILE NUM 2003186453
OR ROOK 04993 POOF 1439

(Space Below TW» Une For Acknowledgment]

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STATE OF FLORIDA
COUNTY OF SEMINOLE

The foregoing instrument was acknowledged before me this 3^ UIll<11 Ui/’ 3 003

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dayof
by DEREK DOUGLAS DICKINSON, CHERI D. DICKINSON

who is personally known to me or who has produced


as identification.
(Type of NcmincMitm)

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CKHSTMHOUOAttJ
MV COMWMiOH #05230055 Signature /
GXPt.il FS;J<A 08,2007

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Ckr-b/m frOi^dlkniL
Name of Notary f

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(Seal)

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Serial Number, if any

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FLORIDA-Single Famiiy-FanniB MBD/Freddia Mac UNIFORM INSTRUMENT
Form 3010 1/01 Page 14 of 14 www.docmaBlc.com

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OH BOOK 04995 p«S£ 1440

Loan NumberH^HH^^^^H
Date: AUGUST 20, 2003
Property Address: 6687 SYLVAN WOODS DR, SANFORD, FLORIDA 32771

L
EXHIBIT "A"

LEGAL DESCRIPTION

IA
LOI 152, THE CLADES ON SYLVAN LAKE PHASE 2, according to the
plat
thereof, as recorded in Plat Book 52, Pages 65-69, Inclusive, Public
Records o£ SEMINOLE COUNTY, Florida

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»»^<S 2162
W’Mw.docmtglc.ttom
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FILE NUM 2003136455
OR BOOK 0*995 PAGE 14*1

Loan Number
BALLOON RIDER
(CONDITIONAL RIGHT TO REFINANCE)
THIS BALLOON RIDER is made this 20th day of
AUGUST, 2003
and is incorporated into and shall he deemed to amend and
supplement the Mongage, Deed of Trost, or Deed
to Secure Debt (the 'Security Instrument*) of the same date
given by the undersigned (th? •Borrower*) to
secure the Borrower’s Note to BANK OF BLUE
VALLEY, A KANSAS BANKING
CORPORATION

L
(the "Lcnder'>of the same date and covering (he
property described in the Security Instrument and located at:

6687 SYLVAN WOODS DR. SANFORD, FLORIDA 32771

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[property Addrossl
The interest rale stated on the Note is called the "Note Rale." The date of the Note is
called the "Note
Dale. • I understand (he Lender may transfer the Note, Security Instrument and this
Rider. The lender or
anyone who takes the Note, the Security Instrument and this Rider by transfer and who is entitled to receive
payments under the Note.is called the "Note Holder’.

C
ADDITIONAL COVENANTS. In addition to the covenants and agreements in the

I
Security
Instrument, Borrower and Lender further covenant and agree as follows
(despite anything to rhe contrary
contained in the Security Instrument or the Note):

1. CONDITIONAL RIGHT TO REFINANCE

F
At the maturity date of the Note and Security Instrument (the "Note
to obtain a new loan ("New Loan") with a new Maturity Dale of Maturity Date'). I will be able
“ SEPTEMBER 1, 2033
(the New Maturity Date") and with an interest rate equal to the "New Loan Rale" determined tn accordance

F
with Section 3 below if all the conditions provided in Sections 2 and 5 below are met
(the "Conditional
Refinance Option"). If those conditions arc noi met, 1 understand that the Note Holder is under no
to refinance the Note or to modify the Note, reset the Note obligation
Rate, or extend the Note Maturity Date, and that
I will have to repay the Note from my own resources or find a lender
willing to lend me the money to repay
the Note.

O
2. CONDITIONS TO OPTION
HI want to exercise the Conditional Refinance Option, certain conditions must be met as of the
Note
Maturity Date. These conditions are: (a) I must still be the owner and occupant of the property
subject to

N
the Security Instrument (the" Property"); (b) I must be current in
my monthly payments and cannot have been
more than 30 days late on any of the 12 scheduled
monthly payments immediately preceding the Note
Maturity Date; (c) there are no liens, defects, or encumbrances against the Property, orothcr adverse matters
affecting title to the Properly (except for (axes and special assessments not yet due and payable) arising after

U
the Security Instrument was recorded; (d) the New Loan Rale cannot be more than 5
the Note Rate; and (c) 1 must make a written percentage points above
request to the Note Holder as provided in Section 5 below.
3. CALCULATING THE NEW LOAN RATE
The New Loan Rale will be a fixed rate of interest equal (o the Federal Home Loan
Mortgage
Corporation’s required net yield for 30-year fixed rate mortgages subject to a 60-day mandatory
delivery
commitment, plus onc-hatfofone percent (0.5%), rounded to the nearest onocighthofone
percent (0.125%)
(the "New Loan Rate"). The required net yield shall be the applicable net yield in effect on the date and time
of day that the NoteHolder rcceivesjmtice of tny election to exercise the Conditional Refinance
Option.
Borrower Initials: fcr xt) . _
MULTISTATE BALLOON RIDER {Refinance)
Freddie Mac UNIFORM INSTRUMENT
• Single Family DocUtak^scaxs too-64s-iM2
Form 3191 1/01 of 2 Wtvw.docmtfffc.ca'n
Paga 1

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If this required net yield is not


available, the Hole Holder will delcrmine the New Loan Rate
comparable information. by using

4. CALCULATING THE NEW PAYMENT AMOUNT


Provided the New Loan Rate as calculated In
Section 3 above is not greater than S
above the Note Rate and all other conditions percentage points
required in Section 2 above arc satis Red. the Note Holder will
determine the amount of the monthly payment that will be sufficient
to repay in lull (a) the unpaid
plus (b) accrued but unpaid interest, plus (c) all other sums I will principal,

L
owe under the Note and Security
Instrument on the Note Maturity Date
(assuming my monthly payments then are current, as required under
Section 2 above), over the term of the New Loan at the
New Loan Rate in equal
result of this calculation will be the new amount of monthly payments. The
my principal and interest payment every month until the
New Loan is fully paid.

IA
5. EXERCISING THE CONDITIONAL REFINANCE OPTION
The Note Holder will notify me at least 60 calendar
days in advance of the Note Maturity Date and
advise me of the principal, accrued but unpaid interest, and all
other sums I am expected to owe on the Note
Maturity Date. The Note Holder also will advise me (hat I
if the conditions in Section 2 above are met. The Note may exercise the Conditional Refinance Option

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Holder will provide my payment record
together with the name, title and address of the person intbrmaiion.
representing the Note Holder (hat I must notify in

I
order to exercise the Conditional Refinance
Option, If I meet the conditions of Section 2 above, I may
exercise the Conditional Refinance
Option by notifying the Note Holder no earlier than 60 calendar
no later than 45 calendar days prior to the Note days and
Maturity Date. The Note Holder will calculate the fixed
New Loan Rate based upon the Federal Home Loan

F
net yield in effect on the date and time of Mongage Corporation's applicable published required
day notification is received by ihc Note Holder and as calculated
in Section 3 above. 1 will then have 30 calendar
days to provide ihc Note Holder with acceptable
my required ownership, occupancy and property lien status. Before proof of
die Note Maturity Date the Note Holder
will advise me of the new interest rate (the New Loan

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and place at which I must Rate), new monthly payment amount and a date, time
appear to sign any documents required to complete the
understand the Note Holder will requited refinancing. I
charge me a $250 fee and the costs associated with the exercise
of the Conditional Refinance Option, Including hutprocessing
not limited to the cost of
updating the title insurance
policy.

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BY SIGNING BELOW, BORROWER
accepts and agree? to the terms and covenants Contained in this
Balloon Rider.

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_(Seal)
_ (Seal) _
DEREK DOUGHSDICKllScN (Seal)
-Borrower CHERI D. DICKINSON -Dornrwcr

..._(Seal)

U _,_(Seal)
-Borrower
-Burmwer

•Borrower
_(Seal) -Borrower

{Sign Original Only)

MULTI$TAT6 BALLOON R»ER (Refinance) • Singls


Freddie Mac UNIFORM INSTRUMENT Family DocMaotcteDf^e!
Form 3191 1/01 Hwtv. tfaem«4piM;0/n
2
Pago of 2

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FILE NUM 2003136455
OH BOOK 04993 PHGE 1443

Loan Number;
PLANNED UNIT DEVELOPMENT RIDER
THIS PLANNED UNIT DEVELOPMENT RIDER
U made this 20th day of
AUGUST 2003 . and is incorporated into and shall be
deemed to amend and
supplement the Mortgage. Deed of Trust, or Deed
Security (the ’Security Instrument"! of the tame date,

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given by the undersigned (the "Borrower") to secure Borrower's Note to
VALLEY BANK OF BLUE
(the ’Lender") of the same date and covering the Property described in the
Security Instrument and located at:

IA
66B7 SYLVAN WOODS DR, SANFORD, FLORIDA
(Property AJiticiiJ
32771
The Property includes, but is not limited
to, a parcel of land improved with a dwelling, together with other
such parcels and certain common areas and
facilities, as described in COVENANTS,
AND RESTRICTIONS OF RECORD CONDITIONS

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_
(the “Declaration"). The Property is a part of a

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planned unit development known as

SYLVAN LAKE RESERVE


(Name of PUnneJ Unit Dtvelnpmentl

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(the "PUD"). The Property also includes Borrower’s
interest in. the homeowners association or
entity owning or managing the common areas and facilities of the PUD (the equivalent,
"Owners Association*) and the
uses, benefits and proceeds of Borrower's interest.

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PUD COVENANTS. In addition to the covenants
and agreements made tn the
Borrower and Lender further covenant and agree as follows: Security Instrument,

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Ar PUD Obligations. Borrower shall perform all of
Borrower's obligations under the PUD's
Constituent Documents. The "Constituent Documents" are
the (i) Declaration; GO articles of
trust instrument or any equivalent document which creates incorporation,
the Owners Association; and
other rules or regulations of the Owners Association. Borrower (hi) any by-laws or
shall promptly pay. when due. at) dues and

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assessments imposed pursuant to (he Constituent Documents.

B. Property Insurance. So long as the Owners Association maintains, with a


insurance carrier, a "master* or "blanket" generally accepted
policy insuring the Property which is satisfactory to Lender and

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Which provides insurance coverage In the amounts
(including deductible levels), for (he periods, and against
loss by fire, hazards included within the term
"extended and any other hazards, including, but
not limited to, earthquakes and floods, for which Lendercoverage."
requires insurance, then; (i) Lender waives the
provision in Section 3 for the Periodic Payment fo Lender of the
yearly premium installments for properly
insurance on the Property*, and (ii) Borrower's
obligation under Section 5 to maintain property insurance
coverage on the Property is deemai satisfied to the extent that the
Owners Association policy. required coverage is provided by the

Borrower Initials;
MUPISTATS PUD filDER-Sfn^
Fann» Mav/Ffoddia Mac UNIFORMFamily
INSTRUMENT
F«m 31501101 2 www,docmtgfc.com
Page 1 of

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FILE NUM 2003156455
OR BOOK 0439S PAGE 1*44

What Lender requires as a condition of this waiver can


change during the term of the loan.
Borrower shall give Lender prompt notice of
any lapse in requited property ituuraate coverage provided
by the master or blanket policy.
In the event Of a distribution of
property insurance proceeds in lieu of resloracion or repair
a loss to the Property, or to common areas and following
faciliItes of the PUD, any proceeds payable to Borrower are
hereby assigned and shall be paid io Lender. Lender shall
apply the proceeds to the sums secured by the
Security Instrument, whether or not then due, with die cross, if any,
paid Io Borrower.

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C. Public Liability Insurance. Borrower shall take such actions as
that the Owners Association maintains a may be reasonable to insure
public liability insurance policy acceptable in form, amount, and
extent of coverage to Lender.

IA
D, Condemnation. The proceeds of any award or claim for damages, direct or

_
payable to Borrower in connection with any condemnation or other consequential,
or the common areas and facilities of the PUD, or for taking of all or any part of the Property
any conveyance la lieu of condemnation, are hereby
assigned and shall be paid to Lender. Such proceeds shall be
applied by Lender to the sums secured by the
Security Instrument as provided in Section 11.

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E. Lender's Prior Content. Borrower shall
not, except after notice to Lender and with Lender's

I
prior written consent, either partition or Subdivide the
Property or consent to: 0} the abandonment or
termination of the PUD, except for abandonment or termination
destruction by fire or other casually or in the case of a required by taw in the case of substantial
taking by condemnation or eminent domain; (ii) any
amendment to any provision of the "Constituent Documents* if the

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provision is for (he express benefit of
Lender; (iii) termination of professional management and
assumption of self-management of the Owners
Association; or (iv) any action which would have the effect of
rendering the public liability insurance
coverage maintained by the Owners Association unacceptable to Lender.

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F. Remedies. If Borrower does not pay PUD dues and
assessments when due, then Lender may pay
them. Any amounts disbursed by Lender under this
paragraph F shall become additional debt of Borrower
secured by the Security Instrument. Unless Borrower and
Lender agree to other Jenns of payment, these
amounts shall bear interest from the date of disbursement at the Note

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rate and shall be payable, with interest,
upon notice from Lender to Borrower requesting payment.

BY SIGNING BELOW, Borrower


acceptsand agrees to the terms and provisions contained tn this PUD
Rider.

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DEREK DOUGLAS (Seal)
DICKINSON
-Borrower :inson (Seal)

U
-Borrower

—~ _(Seal)
---(Seal)
(Seal)
-Borrower
-Borrower

(Seal)
-Borrower -Borrower

MULTISTATE FUO RIDER-Sinnta Family


Fannis Mw/FredcHo Mac UNIFORM INSTRUMENT bocMogkta^mca WMiVi:
Fam 3150 1/01 Paa«2of2 www.doontgk.com

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