CFN 20130172051 OR BK 25951 PG 1788 RECORDED 04/16/2013 11:: Palm Beach County, Florida Prepared By: h ‘The Bliss Law Firm, PLLC ANT 487, 500. 00 15590 New Bam Road, Suite 104 Deed Doc 1,706.25 iy Takes ar 3104 Intang 975.00 Sharon R. Bock, CLERK & COMPTROLLER ccording Return To: Poe 1768 - 1818; (31pga) to Bank ll Avenue Mian ou [Space Above This Line for Recording Data] S OQ. DEFINITIONS © & ‘Words used in multiple section ofthis document are defined below and other words are defined in Sections 3, 11, 13((18, 19 and 20. Certain rules regarding the usage of words used in this document are also jin Section 16. (A) “Security Instrument? Jeans this document, which is dated MARCH 28, 2013, together with all Riders to this BED) (B) “Borrower” is IVETE. RODRIGUEZ and ALEJANDRO MURAT, wife and husband. Borrower is the morgage yer this Security Instrument, (©) “Lender” is ESPIRITO BANK, ITS SUCCESSORS AND/OR ASSIGNS. Lender is a banking corporation and existing under the laws of Florida. Lender's address is 1395 Brickell Avenue, Miahti;Blorida 33131. Lender is the mortgagee under this Security Instrument. oN @) “Note” means the promissory note signed by Borrower and dated MARCH 28, 2013. The Note states that Borrower owes Lender FOUR HUNDRED EIGHTY SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars (U.S. $487,500.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIL 1, 2023. (©) “Property” means the property that is described below under the heading “Transfer of 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. (G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable}: {00007885D0C31) gage o 17 mae) Book25951/Page1788 Page 1 of 31Adjustable RateRider (5) Condominium Rider Second Home Rider 4, Gi Balloon Rider Planned Unit Development Rider ZB Other(s) (specify: SERVICE OF PROCESS RIDER. 3>00 1-4 Family Rider Biweekly Payment Rider “Applicable Law” means all controlling applicable federal, state and local statutes, re ns, ordinances and administrative rules and orders (that have the effect of law) as well asall -able final, non-appealable judicial opinions. ) “Comiltnity Association Dues, Fees, and Assessments” means all dues, fee, assessments and other ches that are imposed on Borrower or the Property by a condominium association, home ation or similar organization. &% (©) “Blectrons Funds Transfer” means any wansfer of funds, other than a transaction originated by che or similar paper instrument, which is initiated through an electronic ‘terminal, telephoni ent, computer, or magnetic tape so as to order, instruct, or authorize a financial insti it or credit an account. Such term includes, but is not limited to, point-of-sale transfers, ated teller machine transactions, transfers initiated by telephone, wire transfers, and clearinghouse transfers. 240 (K) “Escrow Items” sion at are described in Section 3. a (L) “Miscellaneous Proceed{’/Beans any compensation, settlement, award of damages, or proceeds paid by any third than insurance proceeds paid under the coverages described in Section 5) for: (i) to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (ii) conveyance in lieu of condemnation; or iv) misrepresentation isi > the value and/or condition of the Property. (iv) misrepres # of o omit yp lue and/or condition perty. (M) “Mortgage Insurance” means ss protecting Lender against the nonpayment of, or default on, the Loan. A (N) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (i) any amounts under Section 3 of this Security Instrument. (©) “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, “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 related mortgage loan” under RESPA. (®) “Successor in Interest of Borrower” means any party that has taken title to the Property, ‘whether or not that party has assumed Borrower’s obligations under the Note and/or this Security Instrument. {o00Tess DOC: (page 20/17 pap) Book25951/Page1789 Page 2 of 31‘TRANSFER OF RIGHTS IN THE PROPERTY \ This Security Instrument secures to Lender: (i) the repayment of the Loan, and all ls, extensions and modifications of the Note; and (ji) the performance of Borrower's fants and agreements under this Security Instrument and the Note. For this purpose, set does hereby , grant and convey to Lender, the following deseribed property located in the of, PALM BEACH Jurisdiction) [Name of Recording Jurisdiction) Condomini {01, of SABAL SHORES APARTMENTS, a Condominium together with ‘an undivided intéfest in the common elements, according to the Declaration of Condominium ‘thereof, recorded igeS9fficial Records Book 1795, Page 697, as amended from time to time, of the Public Records of Ram Beach County, Florida. e@Q Gy ‘Which currently has the’ of 008. LVD, UNIT $01 Zh0 [Street] BOCARATON Fos s-3_s3432 __ Property Ades [City] X Sp Code} > TOGETHER WITH all ties now or hereafter erected on the property, and all easements, appurtenances, tures now of hereafter a part of the property. All replacements and additions shall covered by this Security Instrument. All of the foregoing is referred to in this Security 38strument as the “Property.” && BORROWER COVENANTS shi@C Borrower is lawfully seized of the estate hereby Conveyed and has the right to martgag, gpa and convey the Property and thatthe Property is ‘unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants and non-uniform covenants, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this 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 retuned to Lender unpaid, Lender may require that any o all subsequent payments due under the Note and this {o00785.D0C.1) (osae of" pace) Book25951/Page1790 Page 3 of 31Security Instrument be made in 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 upon an institution whose deposits are insured by a federal agency, instrumentality, or § or (d) Blectronic Funds Transfer. <>>Payments are deemed received by Lender when received at the location designated in the Pat such other location as may be designated by Lender in accordance with the notice provisions,in Section 15, Lender may return any payment or partial payment if the payment or partial i are insufficient to bring the Loan current. Lender may accept any payment or partial payhient insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice tets\rights to refuse such payment or partial payments in the future, but Lender is not obligated such payments at the time such payments are accepted. If each Periodic Payment is Las of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender sly hold such unapplied funds until Borrower makes payment to bring the Loan ‘current. Xe Boroyesoce not do so within a reasonable period of time, Lender shall either apply such funds or retutt them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal(balance under the Note immediately prior to foreclosure. No offset or claim which Borrower fright have now or in the future against Lender shall relieve Borrower from making payment3 ide under the Note and this Security Instrument or performing the covenants and ‘by this Security Instrument. 2. Application Section 2, all payments priority: (a) interest due under\ ‘applied by Lender shall be applied in the following order of jote; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall jied to each Periodic Payment in the order in which it ‘became due. Any remaining shall be applied first to late charges, second to any other amounts due under this Security t, and then to reduce the principal balance of the Note. If Lender receives a payment ‘Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay charge due, the payment may be applied to the delinquent payment and the late chargé(IF, more than one Periodic Payment is outstanding, Lender may apply any payment receive Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to 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 shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3, Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; 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 (oomirsss oc) (oooe fT pes) Book25951/Page1791 Page 4 of 31accordance with the provisions of Section 10. These items are called “Escrow Items.” At origination or at any time during the term of the Loan, Lender may require that Community ation Dues, Fees, and Assessments, if any, wed by Borrower, and such dues, fees and assessments shall be an Escrow Item. wer shall promptly furnish to Lender all notices of amounts to be paid under this Section. shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's jon to pay the Funds for any or all Escrow Items. Lender may waive Borrower's ion.fe pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only b&affayriting. In the event of such waiver, 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 der requires, shall furnish to Lender receipts evidencing such payment within such time as Lender may require. Borrower's obligation to make such payments and to provide hall for all purposes be deemed to be a covenant and agreement contained in this Security ent, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligatgdto pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due-for an Escrow Item, Lender may exercise its rights under Section 9 and pay ‘such amount and Borfower shall then be obligated under Section 9 to repay to Lender any such amount, Lender may ‘¢ the waiver as to any or all Escrow Items at any time by a notice ‘given in accordance: tion 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such then required under this Section 3. Lender may, at an} lect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds\gt the time specified under RESPA, and (b) not to exceed the ‘maximum amount a lender juire under RESPA. Lender shall estimate the amount of Funds due on the basis of id reasonable estimates of expenditures of future Escrow Items or otherwise in accordance With Applicable Law. ‘The Funds shall be held in ap Agtitution whose deposits are insured by a federal agency, instrumentality, or entity (including ‘ender, if Lender is an institution whose deposits are so insured) or in any Federal Home Los . Lender shall apply the Funds to pay the Escrow Items no later than the time specified ages RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually anélVzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to ‘make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. (omersss.poc:1) (oes of ee) Book25951/Page1792 Page 5 of 31Upon payment in full of all sums secured by this Security Instrument, Lender shall ror iptly refund to Borrower any Funds held by Lender. _- 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and itions attributable to the Property which can attain priority over this Security Instrument, isshold payments or ground rents on the Property, if any, and Community Association Dues, Fees nid Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay ?hifi in the manner provided in Section 3. rer shall promptly discharge any lien which has priority over this Security Inst Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in er acceptable to Lender, but only so long as Borrower is performing such agreem: the lien in good faith by, or defends against enforcement of the lien in, legal which in Lender's opinion operate to prevent the enforcement of the lien while those pr sare pending, but only until such proceedings are concluded; or (c) secures from the holdeé“of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrumergs}f Lender 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 if the date on which that notice is given, Borrower shall satisfy the lien or take one or more o ions set forth above in this Section 4, to pay a one-time charge for a real estate tax verification der in connection with this Loan. 5. Property Borrower shall keep the improvements now existing or hereafter erected on the ured against loss by fire, hazards included within the term “extended coverage,” and hazards including, but not limited to, earthquakes and floods, for which Lender requirey{ngurance. This insurance shall be maintained in the amounts including deductible levels) the periods that Lender requires. What Lender requires, pursuant to the preceding sentences @2) change during the term of the Loan. The insurance carrier providing the insurance , chosen by Borrower subject to Lender's right to disapprove Borrower’s choice, which tight shall not be exercised unreasonably. Lender may require Borrower to pay, in connecti this Loan, either: (a) a one-time charge for flood zone determination, certification and tragking services, or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remapping 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 equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance ‘coverage s0 obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. ‘These amounts shall bear interest at the Note rate {oo00rsss Docs) tose 67a) Book25951/Page1793 Page 6 of 31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 Lender and renewals of such policies shall be subject, s right to disapprove such policies, shall include a standard mortgage clause, and shall Lender as mortgagee and/or as an additional loss payee. Lender shall have the tight to ‘he policies and renewal certificates. If Lender requires, Borrower shall promptly give to fall receipts of paid premiums and renewal notices. If Borrower obtains any form of insurahcessoverage, not otherwise required by Lender, for damage to, or destruction of, the _— policy shall include a standard mortgage clause and shall name Lender as /or as an additional loss payee. In the vent of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Letidg-may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower agree in writing, any insurance proceeds, whether or not the underlying insurance was réquired by Lender, shall be applied to restoration or repair of the Property, if the restoration or repaisSi3 economically feasible and Lender’s security is not lessened. During such repair and restoration Lender shall have the right to hold such insurance proceeds until Lender has had an to inspect such Property to ensure the work has been completed to Lender's satisfaction, pfo¥ided that such inspection shall be undertaken promptly. Lender may Aisburse proceeds for the Fepairs and restoration in a single payment or in a series of progress payments as the work is Gornpleted. Unless an agreement is made in writing or Applicable Law requires interest to be paitop-syeh insurance proceeds, Lender shall not be required to pay Borrower any interest or eaitinps-on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower ShalPyot be paid out of the insurance proceeds and shall be the sole obligation of Borrower. Ifthe Fstpstion or repair is not economically feasible or Lender's security would be lessened, the itsirance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower, Such insurance proceeds shall be applied it provided for in Section 2. If Borrower abandons the Lender may file, negotiate and settle any available insurance claim and related matters. {f-Borhower does not respond within 30 days to a notice from Lender that the insurance carrer h to settle a claim, then Lender may negotiate and settle the claim. ‘The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 21 or otherwise, Borrower hereby assigns to Lender (@) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower’s rights (other than the right to any refund of uneamed premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts ‘unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupaney. 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, or unless extenuating circumstances exist which are beyond Borrower's control. (oomsas Doc) (ouee7 ofp) Book25951/Page1794 Page 7 of 317. Preservation, Maintenance and Protection of the Property; Inspections. ywer shall not destroy, damage or impair the Property, allow the Property to deteriorate or it waste .Property. Whether or not Borrower is residing in the Property, Borrower shall maintain perty in order to prevent the Property fiom deteriorating or decreasing in value due to its Unless it is determined pursuant to Section 5 that repair or restoration is not, lly feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with a the taking of, the Property, Borrower shall be responsible for repairing or restoring the Propéity only if Lender has released proceeds for such purposes. Lender may disburse proceeds far thé repairs and restoration in a single payment or in a series of progress payments as the work is| If the insurance or condemnation proceeds are not sufficient to repair or restore the Borrower is not relieved of Borrower's obligation for the completion of ‘such repair or rétorati Lender or iteSigent may make reasonable entries upon and inspections of the Property. If it has reasonable case, Lender may inspect the interior of the improvements on the Property. Lender shall give ‘notice atthe time of or prior to such an interior inspection specifying such reasonable cause. / 8. Borrower's application process, B ‘representations concerning B residence. 9. Protection of Lender's Infayest in the Property and Rights Under this Security Instrument. If (a) Borrower fails 10% the covenants and agreements contained in this Security Instrument, (b) there is a te that might significantly affect Lender's interest in the Property and/or rights is Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation ture, for enforcement of a lien which may attain priority over this Security Instrument or to 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 this Security Instrument, including protecting and/or assessing the value of the Property, 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 its interest in the Property and/or rights under this Security Instrument, ‘including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and ‘windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tumed on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is. agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. {oo00rsss.D0C31) (ona Bf 1 pe) Book25951/Page1795 Page 8 of 31Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate frdth the date of disbursement and shall be payable, with such interest, upon notice from Lender ‘requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the of the lease, If Borrower acquires fee title to the Property, the leaschold and the fee ‘itll not merge unless Lender agrees to the merger in writing. “Mortgage Insurance, If Lender required Mortgage Insurance as a condition of Os makingiihe7{.oan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect Uf, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available ‘mortgage insurer that previously provided such insurance and Borrower was required to We, separately designated payments toward the premiums for Mortgage Insurance, Borrower ‘the premiums required to obtain coverage substantially equivalent to the Mortgage previously in effect, at a cost substantially equivalent to the cost to Borrower of the Méitgage Insurance previously in effect, from an alternate mortgage insurer selected by Lendet* If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall conti ero Pay to Lender the amount of the separately designated payments that coverage ceased to be in effect. Lender will accept, use and retain ble loss reserve in lieu of Mortgage Insurance. Such loss Lender can no longer requitglda¥ reserve payments if Mortgage Insurance coverage (in the amount and forthe period requires) provided by an insurer selected by Lender agsin becomes available, is obtained, der requires separately designated payments toward the premiums for Mortgage InsuranceIf Lender required Mortgage Insurance as a condition of making the Loan and Borrower was reqpjred to make separately designated payments toward the premiums for Mortgage Insurance, ywer shall pay the premiums required to maintain Mortgage Insurance in effect, or to\prdvide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance edi accordance with any written agreement between Borrower and Lender providing for such/Aermination or until termination is required by Applicable Law. Nothing in this Section T0 affects Borrower’s obligation to pay interest at the rate provided in the Note. ‘Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance, ‘Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements, These agreements may require the mortgage insurer to make payments using any source of finds 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 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 {on07885.00C31) tee fo) Book25951/Page1796 Page 9 of 31payments for Mortgage Insurance, in exchange for sharing ot modifying the mortgage insurer's tisk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of thensurer’s risk in exchange for a share of the premiums paid to the insurer, the arrangement is iene “captive reinsurance.” Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to ne. lortgage Insurance, or any other terms of the Loan. Such agreements will not Pu: amount Borrower will owe for Mortgage Insurance, and they will not entitle B any refund. yy such agreements will not affect the rights Borrower has ~ if any — with Mortgage Insurance under the Homeowners Protection Act of 1998 or any Al. Assig of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby and shall be paid to Lender. Ifthe Propet aeraged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if tie restoration or repair is economically feasible and Lender's security is not lessened. During @u¢h repair and restoration period, Lender shall have the right to hold fuck Misclaneous roe oa Lender has had an opportunity to inspect such Property to ‘ensure the work has been d to Lender’s satisfaction, provided that such inspection shall be undertaken promptly. ay pay forthe repairs and restoration in a single disbursement, or in a series of progress ‘as the work is completed. Unless an agreement is made in writing or Applicable Law nee est to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not ically feasible or Lender’s security would be lessened, the Miscellaneous Proceeds shall ied to the sums secured by this Security Instrument, whether or not then due, with the ex< 1y, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided foia Section 2. In the event of a total taking.dééiruction, 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. In the event of a partial 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 equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, 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 loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or Joss in value. Any balance shall be paid to Borrower. In the event of a partial 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 the amount of the sums secured immediately before the partial taking, {omnonss.D0631) bee po) Book25951/Page1797 Page 10 of 31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 the sums are then due, If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that ng Party (as defined in the next sentence) offers to make an award to settle a claim for ai Borrower fails to respond to Lender within 30 days after the date the notice is given, authorized to collect and apply the Miscellaneous Proceeds either to restoration or repaif of the Property or to the sums secured by this Security Instrument, whether or not then due, 1g Party” means the third party that owes Borrower Miscellaneous Proceeds or the party ‘whom Borrower has a right of action in regard to Miscellaneous Proceeds. shall be in default if any action or proceeding, whether civil or criminal, is begun that, let’s judgment, could result in forfeiture of the Property or other material impairment °s interest in the Property or rights under this Security Instrument. Borrower can oiife'such a default by causing the action or proceeding to be dismissed with a ruling that, in judgment, precludes forfeiture of the Property or other material impairment of interest in the Property or rights under this Security Instrument. The proceeds of any awar'Q} claim for damages that are attributable to the impairment of Lender's interest in the Property @@hereby assigned and shall be paid to Lender. All Miscellaneots 2 that are not applied to restoration or repair of the Property shall be applied in the ore for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification o? amortization of the sums secured by this Security Instrument granted by Lender to ne ny Succescr in Interest of Borower shall not operate to release the liability of Borro required to commence proc inst any Successor in Interest of Borrower orto refuse to extend time for payment or amortization of the sums secured by this Security inn y mn a ong original Borrower or any Successors in Interest of Borrower. Any forbearance by ‘exercising any right or remedy including, without limitation, Lender’s acceptance of from third persons, entities or Successors in Interest of Borrower or in amounts less thatthe 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-signs 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 personally 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 this Security Instrument or the Note without the eo- signer’s consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in 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 under this Security {ooo0rses Doc.) (Gove lt of pee) Book25951/Page1798 Page 11 of 31Instrument unless Lender agrees to such release in writing, The covenants and agreements of this Security Instrument shall bind (except as provided in Section 19) and benefit the successors afd assigns of Lender. 14, Loan Charges. Lender may charge Borrower fees for services performed in tion with Borrower's default, for the purpose of protecting Lender’s interest in the ‘and rights under this Security Instrument, including, but not limited to, attorneys” fees, inspection and valuation fees. In regard to any other fees, the absence of express iin got rym cn ta ey as a profbition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If is subject to a law which sets maximum loan charges, and that law is finally interpreted the interest or other loan charges collected or to be collected in connection with the ‘the permitted limits, then: (a) any such loan charge shall be reduced by the amount Y reduce the charge to the permitted limit; and (b) any sums already collected from Borrower whith exceeded permitted limits 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 to Borrower(-Jf a refund reduces principal, the reduction will be treated as a partial ‘prepayment without ayment charge (whether or not a prepayment charge is provided for under the Note). acceptance of any such refund made by direct payment to Borrower will constitute a wai gh fay right of action Borrower might have arising out of such overcharge, a 15. Notices. All Ben by Borrower or Lender in connection with this Security Instrument must be in writitg-SAny notice to Borrower in connection with this Security Instrument shall be deemed to given to Borrower when mailed by first class mail or ‘when actually delivered to BorrowePs notice address if sent by other means. Notice to any one Borrower shall constitute notice to llsBorrowers. The notice address shall be the Property Address unless Borrower has sce notice address by written notice to Lender. Borrower shall promptly notify of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's chapg6>of address, then Borrower shall only report a change of address through that specified re//There may be only one designated notice address under this Security Instrument at any oné time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender hhas designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. 16, Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by Florida law. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Florida law and Applicable Law. In the event that any provision or clause of this Security Instrument or the Note conflicts with Florida law or 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. AAs used in this Security Instrument: (a) words of the masculine gender shall mean and include comesponding neuter words or words of the feminine gender; (b) words in the singular foonoreas Doc, (ieee 266 7 pate) Book25951/Page1799 Page 12 of 31shall mean and include the plural and vice versa; and (¢) the word “may” gives sole discretion ‘without any obligation o take any action. S\_ 17. Borrower’s Copy. Borrower shall be given one copy of the Note and of this ity Instrument. Z5, 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this 18, “Interest in the Property” means any legal or beneficial interest in the Property, but not limited to, those beneficial interests transferred in a bond for deed, contract for 3t sales contract or escrow agreement, the intent of which is the transfer of title by mite future date to a purchaser. ‘or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower jsiipt a natural person and a beneficial interest in Borrower is sold or transferred) without fs prior written consent, Lender may require immediate payment in full of all ‘sums secured by this Security Instrument. If Lendet exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provi period of not les than 30 days fom the date the notice is given in accordance with Séction 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrg@ fails to pay these sums prior to the expiration of this period, Lender ‘may invoke any rem nitted by this Security Instrument without further notice or demand on Borrower. 19, Sale of Noté;-Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note ‘with this Security Instrument) can be sold one or more times ‘without prior notice to Bo A sale might result in a change in the entity (known as the eriodic Payments due under the Note and this Security p loan servicing obligations under the Note, this Security also might be one or more changes of the Loan Servicer sa change of the Loan Servicer, Borrower will be given te the name and address of the new Loan Servicer, the and any other information RESPA requires in ing. If the Note is sold and thereafter the Loan is, serviced by a Loan Servicer other than aser of the Note, the mortgage loan servicing obligations to Borrower will remain with 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 cither 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 that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time petiod which must elapse before certain action can be taken, that time period will be deemed to ’be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 21 and the notice of acceleration given to Borrower Instrument and performs other i Instrument, and Applicable Law. Th unrelated to a sale of the Note. If ‘written notice of the change which address. to which payments should ‘connection with a notice of transfer (ooo0ress.0c31) (moe af 1 pe) Book25951/Page1800 Page 13 of 31pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 19. 5). 20. Hazardous Substances. As used in this Section 20: (a) “Hazardous Substances” substances defined as toxic or hazardous substances, pollutants, or wastes by amental Law and the following substances: gasoline, kerosene, other flammable or toxic pe lim products, toxic pesticides and herbicides, volatile solvents, materials containing asbég(@@ or 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 enviroting protection; (c) “Environmental Cleanup” includes any response action, remedial action, e/removal action, as defined in Environmental Law; and (d) an “Environmental Condition’ a condition that can cause, contribute to, or otherwise trigger an a I not cause or permit the presence, use, disposal, storage, or release of any Hazardous Si or threaten to release any Hazardous Substances, on or in the Property. Borrower shall 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 (©) which, due to the(prétence, use, or release of a Hazardous Substance, creates a condition that adversely affects the vali of the Property. The preceding two sentences shall not apply to the presence, use, of dthe Property of small quantities of Hazardous Substances that are generally recognized to iate to normal residential uses and to maintenance of the Property (including, but to, hazardous substances in consumer products). Borrower shall ive Lender written notice of (a) any investigation, claim, demand, lawsuit or other actigii¢by any governmental or regulatory agency or private party involving the Property and any yus Substance or Environmental Law of which Borrower has actual knowledge, (b) any’ tal Condition, including but not limited to, any spilling, leaking, discharge, release of release of any Hazardous Substance, and (c) any affects the value of the Property. If Bcerower leams, or is notified by any governmental ot regulatory authority, or any private peGiy},that any removal or other remediation of any Hazardous Substance affecting the Propertjis necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. condition caused by the presence, z release of a Hazardous Substance which adversely NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument or the Note (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 15 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to assert in the foreclosure proceeding the {ooomrtss Doc) (Goof 1 pas) Book25951/Page1801 Page 14 of 31non-existence of a default or any other defense of Borrower to acceleration and foreclosure. Ifthe default is not cured on or before the date specified in the notice, Lender at its option ‘require immediate payment in full of all sums secured by this Security Instrument t farther demand and may foreclose this Security Instrument by judicial proceeding. shall be entitled to collect all expenses incurred in pursuing the remedies provided in\(hiSection 21, including, but not limited to, reasonable attorneys? fees and costs of title evidienp. Mortgage Constitutes Security Agreement. This Security Instrument also consti security agreement as defined under the Uniform Commercial Code. Borrower hereby ants to Lender a security interest in and to all furniture, furnishings, equipment, machinerysng personal property of every nature whatsoever now owned or hereafter acquired by Boro ted upon the Property together with all proceeds therefrom. Borrower shall execute any dhd’Ail-documents as Lender may request, including, without limitation, financing statements to the Uniform Commercial Code as adopted by the State of Florida, to preserve and maintih the priority of the lien created hereby on property which may deemed ppetsonal property Of fixtures. The Borrower hereby authorizes and empowers Lender to execute and file on behalf of @otrower all financing statements and refiling and continuations thereof as Lender deems advisable to create, preserve or protect said lien. Borrower and ling of a financing statement shall never be construed as in the express declaration and intention of the parties hereto ‘utilized in connection with the Property encumbered by this es and for all purposes, in all proceedings both legal and i@Property encumbered by this Security Instrument. Borrower hereby covenants and agrees that Borrower dinate financing in connection with the Property. t any time while a suit is pending to foreclose or to any claims arising hereunder, Lender may apply to appointment of a Receiver, and such court shall equitable, be deemed a part of 23, No Additional shall nod pros any secncery = forthwith appoint a Receiver of the issues and revenues from whatever effective functions and powers in anywise entrusted by a court to a Receiver, and such appointment shall be made by such court as an admitted equity and as a matter of absolute right to Lender without reference to the adequacy or inadequacy of the value of the Property, or to the solvency or insolvency of Borrower. All income, profits, rents, issues and revenues collected by the Receiver shall be applied by such Receiver according to the lien of this Security Instrument and the practice of such court. 25, Bankruptey. In the event Borrower shall: () file or be the subject of any petition under Title 11 of the U.S. Code as amended (“Bankruptcy Code”); or (i) or be the subject of any order for relief issued under the Bankruptcy Code; or (iii) file or be the subject of any petition secking any reorganization, arrangement, composition, readjustment, liquidation, dissolution o similar under any present or future federal or state act or law relating to bankruptey, insolvency, or other relief for debtors; or (iv) seek or consequent to, or acquiesce in, the appointment of any trustee, receiver, conservator, oF liquidator; or (v) be the subject of any order, judgment or decree entered by any court of competent jurisdiction approving a petition filed against Borrower for {oo007sss Docs!) tos 80) Book25951/Page1802 Page 15 of 31any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar ef under any preseat or future federal or state act or law relating to bankruptcy, insolvency or for debtors, then and in that event, Lender shall be entitled to apply for and Borrower ly consents to, full and complete relief from any automatic stay imposed by irrevocably ts to, full and complete relief from any automatic stay imposed by 362 of the Bankruptcy {e’br otherwise, on or against the exercise of the rights and remedies otherwise available to cluding, but not limited to enforcement of its rights pursuant to the Note and this Securit t and any other remedy as otherwise provided at law or in equity, and Borrowief fyereby irrevocably agrees that it shall not object to and hereby irrevocably waives its right to Object to Lender's request of any such relief. 26.-Acknowledgment of Execution of Mortgage. ALEJANDRO MURAT, the , IVETIE MORAN RODRIGUEZ, by execution of this mortgage, that ESPIRITO SANTO BANK (the "Lender") has agreed to loan the sum of $487,500.00; for the purchase of real property and improvements encumbered by this mortgage and thatAPEJANDRO MURAT, and her husband, IVETTE MORAN RODRIGUEZ, are executing this tio as co-title holders and co-owners of the property encumbered by this mortgage. [VETTE MORAN RODRIGUEZ does hereby further acknowledge that the Lender hhas consented to im ii icole of the property encumbered by the mortgage contingent ey ‘upon her execution of age along with ALEJANDRO MURAT. IVETTE MORAN RODRIGUEZ further iges that although she has not directly received any sums from the Lender arising out of te by this mortgage, that such sums given by Lender, to and in behalf of borrower, at note secured by this mortgage, are being applied toward the purchase of the property encumffénbd by this mortgage, of which she has an ownership interest, that IVETTE MORAN ROD! acknowledges execution of this mortgage and that IVETTE MORAN RODRIGUEZ; as received good, adequately sufficient consideration from ESPIRITO SANTO BANK by apflidation of the loan proceeds to the purchase of the ‘encumbered property of which he has and she does hereby further acknowledge and agree that this mortgage shall be the public records of Palm Beach County, Florida ‘and is a valid and enforceable Hen. erty encumbered by this mortgage. 27. Parties Bound; No Oral s. Each and every of the terms, covenants and conditions contained herein shell be binding upon the parties hereto and their successors, heirs, assigns and devisee. This Security Instrument is not subject to modification other than by ‘written document of instrument executed by the party or parties to be charged with such modification. 28. Lender’s Remedies Cumulative. Borrower agrees that all rights of Lender hereunder shall be separate, distinct, and cumulative, and that none shall be in exclusion of the other, and that no act of Lender shall be construed as an election to proceed under any provision of covenant herein to the exclusion of any other, notwithstanding anything herein to the contrary. 29, Severability of invalid provisions. In the event any provision of the Note and Security Instrument should be held unconstitutional, illegal or unenforceable for any reason, such provision shall not affect, alter, or otherwise impair any other provision of the Note or this Security Instrument. 30, Headings. The headings of the articles, sections, paragraphs and subdivisions of this Security Instrument are for convenience and ease of reference only, and are not to be {oowress.D0C;1) (ee 160/17 aes) Book25951/Page1803. Page 16 of 31considered a part hereof, and shall not limit or otherwise affect any of the terms or provisions hereof. S\ 31. Release. Upon payment of all sums secured by this Security Instrument, Lender elease this Security Instrument. Borrower shall pay any recordation costs. Lender may rOwer a fee for releasing this Security Instrument, but only if the fee is paid to a third party for Spffives rendered and the charging of the fee is permitted under Applicable Law. “32,0 Attorneys? Fees. As used in this Security Instrument and the Note, attorneys’ fees lude those awarded by an appellate court and any attomeys’ fees incurred in a ‘Proceeding. ¢Y TRIAL WAIVER. THE BORROWER HEREBY WAIVES ANY RIGHT TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, OR COUNTERGLAIM, WHETHER IN CONTRACT OR TORT, AT LAW OR IN EQUITY, ARISING 01 ‘ORIN ANY WAY RELATED TO THIS SECURITY INSTRUMENT OR THE NOTE.) ‘e BY SIGNING"BELOW, Borrower accepts and agrees to the terms and covenants contained in this S strument and in any Rider executed by Borrower and recorded with it we Signed, sealed and severe of cS ») 5 porrower: ‘ALEJANDRO MURAT vad Sve fs te Both Gores] [Space Below This Line for Acknowledgment] (omress. Doc) (omg 17 0f 7 ge) Book25951/Page1804 Page 17 of 31ate of Florida € ‘of Miami-Dade 20 re @ foregoing instrument was acknowledged before me this 0 day of March, 2013 by Q IRAN RODRIGUEZ JANDRO MURAT, who is/are personally known tome. produced as identification, dd, PUBLIC State of Floriday at Llanes Gre Acenes Comission No : DPFIOKHIO Ge. 8[i7/ 13 888.0C;1) ge 18 6/17 page) Book25951/Page1805 Page 18 of 31a ADJUSTABLE RATE RIDER (1 Year Treasury Index -- Rate Caps) CNS ADIUSTABLE RATE RIDER is made ths 28% day of _MARCH, 2013 , and is incorporated ‘be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the “Security the same date given by the undersigned (the “Borrower”) to secure Borrower's Adjustable Rate to ESPIRITO SANTO BANK, a Florida banking corporation (the “Lender”) of the same date ‘roperty described in the Security Instrument and located at: BLVD. 801, BOCA RATON, FLORIDA 33432 [Property Address} ADDITIONAL COVEN: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender futlperppvenant and agree as follows: ‘A. INTEREST RATE AND LY PAYMENT CHANGES ‘The Note provides for a ital interest rate of __ 4.000%. The Note provides for changes in theinterest rate and the monthly pa follows: 4, INTEREST RATE AND MONTHLY PAYMENT CHANGES (Change Dates (O) ‘The interest rate I will py on the first day of __APRIL 1, 2016, snd on that day every 12th month thereaftet “Egeh date on which my interest rate could change is called ‘a “Change Date.” (B) The Index - THE CURRENT INDEX RATE IS 0.150% Beginning with the first Change Date, my interest rate will be based on an Index. The “Index” is the weekly average yield on United States Treasury securities adjusted to a constant ‘maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the “Current Index.” If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information, The Note Holder will give me notice of this choice. (© Calculation of Changes ‘Before each Change Date, the Note Holder will calculate my new interest rate by adding ‘THREE AND 250/1000__ percentage points (__3.250_%) to the Current Index. The Note older will then round the result ofthis addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my ‘now interest rate until the next Change Date. ‘The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in fill on the maturity date at my new interest rate in substantially equal payments. The result of this omeres7 DOC} (owe fase Book25951/Page1806 Page 19 of 31caleulation will be the new amount of my monthly payment, (D) Limits on Interest Rate Changes ‘The interest rate T am required to pay at the first Change Date will not be greater \_than_6,000_% ot less than __4,000__%, Thereafter, my interest rate will never be increased A or decreased on any single Change Date by more than two percentage points (2.0%) from the rate 2 See Soto pe brn Se Ue an D, te will never be greater than 9.375 %. NOR NEVER LESS THAN 4.000% Ce Eective Date of Changes JP> My new interest rate will become effective on each Change Date, 1 will pay the amount of) new monthly payment beginning on the first monthly payment date after the Change Date amount of my monthly payment changes again, (F) Notice of Changes Note Holder will deliver or mail to me a notice of any changes in my interest rate and 3t of my monthly payment before the effective date of any chenge. The notice will inch required by law to be given to me and also the title and telephone number of person sro will answer any question I may have regarding the notice. 'THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Sectic of the Security Instrument is amended to read as follows: Transfer of @ oF a Beneficial Interest in Borrower. AS used in this Section 18, “Interest inthe eopery” means any legal ox beneficial interest in the Property, including, but not limited to, thou Weil interests transfered in a bood for deed, contract for deed, installment sales contract or es greement, the intent of which is the transfer of title by Borrower at a future date to a purchase clo sy es per ay Iter nh rope is so mere (i Bontower is not a eson and a beneficial interest in Borrower is sold ot transferred) without Lenders prior Lender may require immediate payment in fl ofall sums ‘However, this option shall not be exercised by Lender if such Law. Lender also shall not exercise this option if (a) Security Instrument is acceptable to Lender. To the extent permitted by le Law, Lender may charge a reasonable fee as a condition to Lender's consent to the jon. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. ‘The notice shall provide a period of not less than fifteen (15) days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument ‘without further notice or demand on Borrower (con078s7.D0C:1) lone 2300) Book25951/Page1807 Page 20 of 31BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. oonrsen Doc) ee3o3 pe) Book25951/Page1808 Page 21 of 31So as = eC € Loan Number: 1426914428 © BALLOON RIDER ‘THIS BALLOGRRIDER is made this 28th day of MARCH 2013 and {is incorporated i be deemed to amend ad supplement the Mortgage, Ded of Trust or Seewity Deed (the *Securt 1°) of the same dat given by the undersigned ("Borrower") to se Soe’s Nae (Ge Wan ESPIRITO SANTO BANK, A FLORIDA BANEING CORPORATION “(0 he" Lender")of he Seep teint ec nme Ca 600 8. OCRAN , UNIT 801, BOCA RATON, FLORIDA 33432 CP ray Aes ‘The interest rae stated onthe led the "Note Rate.” The date of the Not is called the "Note Dat.” T understand the Lender may fai the Note, Security Instrument and this Rider. The Lender or tone who takes the Note, the Security and this Rider by transfer and whois entitled to receive pryments under the Note is called the" der” TO anernorus. commun, GSfdbe tote name apes se Sty ae Cre ae eet a nc lo (open a sce) SEIT dey nate one ‘THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, ‘THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOUMAY 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. Tg ST ALL ag Sheers Page 1 0f2 sm bem eo Book25951/Page1809 Page 22 of 31‘MULRSTATE aALLOGN RIDER Saran Book25951/Page1810 4\_BY-SIGNING BELOW, Borrower cceps and agrees tothe terms and covenants contained in this Balloon Rider. Page? of2 Page 23 of 31Loan Number: 1426914428 S. SECOND HOME RIDER 2 ‘THIS SECOND HOME RIDER ismadettis 28th dy of MARCH 2023 is inured i nd sal be doc o een sd spleen the Mote, Det of Tr, of Sox Ded (he “Soar Intranet) of these dts given byte unre (ie “Barone” Sern nstaamke emer SANK, "A FLORIDA BANKING. CORPORATION (he *Lendet") of the same date and covering the Property described in the Security Instrument (ihe "Pr hich i located at: Oe ee 2 Ree b She covenants and agreements mae in the Security Instrument, Borrower and Lender fortbor that Sections 6 and 8 ofthe Secrty lstrument are deleted and aereplacod by ing (CO ® 8. Occupandy Brower sal cy, sod sal nly, Property Browsed home. Borrower the Property available for Borrowers exclusive use and enjoyment at all times, and the Property to any timesharing or other shared ownership rangement of to or agreement that requires Borrower either torent the Property or give a management ‘other person any control over the occupancy or use of the Property. @. 8. Borrower's Loan Borrower shall be in default if during the Loan pplication process, Borrower br ay persons o entities acting al the diection of Borrower or with materially false, misleading, or inccurate information or ‘with material information) in coonection with the iu Maura weomioas Wl, wert intel or noes cnerg Borowe' cany fe Ppe nae Y SL EEE ————>=aarm ae eer sence ee eet o2 Book25951/Page1811 Page 24 of 31S\.____BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this a Home Rider. (Seal REBGANDRO MORAT Bertowet ea Bonower ULTSTATE secoND row Fan Fine arose Mac OMIEORS STOWE Feemagoo 1st Page 2 of 2 Book25951/Page1812 Page 25 of 31Loan Number: 1426914428 CONDOMINIUM RIDER ee ‘THIS CONDOMINIUM RIDER is made this 23th day of MARCH, 2013 . (ffs incorporated ict and sal be deed to amend end sopplement the Mariage, Deed of Trt, of Deed (the "Soca Instant) ofthe same dt given by the undersigned (he “Borrower o BorrowersNoteto ESPIRITO SANTO BANK, A FLORIDA’ BANKING RATION @ of he eae dete and covering he Property deserted in th Seat Instone sd ot 66g, OCEAN DRIVE, UNIT 801, BOCA RATON, FLORIDA 23432 Is opty Ate ePaper wh wid a mn ea 4 condone Known a: e @Q SABAL SHORES APPARTMENTS Q (Nee of deen Ps 2 @Q ("Condon Ie omers sociation ror ety whic ae forthe Condom Project (the “Owners 1") holds title to property for the benefit or use of its members or Stalder te Prop Besrowe'sinrein the Owners Atsciticn sth tes posts and benefits of Borrower's iferost {In akitin to the covenants and agreements made in the Security and agree as follows: Borrower shall perform al of Borrower's obligations under the "The "Constituent Documents" are the: (*) Declaration or nium Project; (i) by-laws; (i) code of regulations; and (iv) ay, when due, al dves and assessments imposed ‘pursuant to the Constituent Documents, (AC?) 1B PropetyInurance Soong S40 ChesAsocation msn, with a gril sept inaccurate ne” poly ont Colomiaun Pre wis) Let tot wtih ove fens covey te mms Cran iti ry pris ‘tit sy ema ced eh ern"eededoteg aan bere ig | h—rt~t“‘“(i;w™s~*~:~™~C™C—™—™—™C—CCCD ~L—Lrté“~;r™~C~”C”™C™C—™C™C™C~™C™C™C—™—™CC prose) acess ne Propet sl Serena sgn war Sense ta oper [ne covngs on te Propet dosed wis he! nth quel coreg rood rl ‘What Lender requires as a condition of this waiver can change during the term of the loan. ‘ROGTSTATE Conon RS i Farle Me/Feale Moc UNIFORM HSTRUMENT Sontoepeee Fam 310 04 Page 13 Book25951/Page1813 Page 26 of 31‘Borrower shall give Lender prompt notice of any lapsoin required property insurance coverage provided _E», by the master or blanket policy. FS Mite eet of tte of property insane proce in tia of rsnton opi flowing 5; alone opty, wir wo cmos ey vs a 6 Barowet 2 ty agro Gal ep Lande fi epee i nt eed be Sey stan, Dy ‘or ot then due, with the excess, if any, paid to Borrower. 3° Public Liability Insurance, Borrower shall take such actions aszany be reasonable to insure \Owners Assocation maintains a public Habilty insurance policy acceptable in form, aout, ad coverage to Lende. A Hon. The proceeds of any award or claim for damages, director consequential, payabl in connection with any condemnation or other taking ofall of any par ofthe Property, whether ‘or ofthe common elements, or for any conveyance in iew of condemnation, ae hereby ascigned anal be paid to Lender. Such proceeds shall be applied by Lender tothe sums secured bythe Security Insrument as provided in Section 11 ics) E._Lendt’s Pior Consent. Borrower shall, except afer notice to Lender and with Lender's ther partion or subdivide the Property ar consent to: (the abandonment or m Project, except for abandonment or termination required bylaw in the case hy fe or ote canyon the case fa taking by condemnation or eminent which would have the effect of rendering the public ably insurance ciation unaccepable to Lender. es not py condominium dues and assessments when du, then Lender F. Remedies. 1 amy py them. Any enous ender nde hi paragraph Fal become ational dee of ‘Borrower secured by the Security ‘Unless Borrower and Lender agree to other terms of payment, thee amounts shal ber interest om ete of shares the Noe ft andl be payable, with Sere pon nice fom Lender o ere eqting payne x ie ATER CRooNON ROR Foam toe pes hae EO TNT Feet rae 2063 Book25951/Page1814 Page 27 of 314, ___ BY SIGNING BELOW, Borrower accepts and agres tothe terms and covenants contained inthis ay Rider. =, (Sea (Sea Bowe Bite tiae ei Roe UNFOO HSTRAMENT a= een 0 ot Page 3 3 Book25951/Page1815 Page 28 of 31a> SERVICE OF PROCESS MORTGAGE RIDER Y D> ras “AGE RIDER is made and entered into on March 7, 2013, and sal be deemed to {ORTG! amend and st at the Mortgage, Deed of Trust or Security Deed ("Security Instrument") dated the date hereof give) the undersigned ("Borrower") to secure Borrower's Note to ESPIRITO SANTO. BANK, its successofy-and /or assigns ("Lender") dated the date hereof and covering the Property described in the Seourity I and located at 600 S. OCEAN BLVD., UNIT 801, BOCA RATON, FLORIDA 33432. eS In addition to the G@vdnants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree 4¢ fallows: Borrower hereto in submits to the jurisdiction of the courts of the State of Florida (the “Florida State Courts") and of i United States of America for the Southem District of Florida sitting in ‘Miami, Florida (the "Florida 3") for the purpose of all legal actions and proceedings with respect to, of arising out of, the{Seeurty Instrument. Borrower irrevocably agrees that all claims with respect to such a legal action, suit ¢ptoceeding may be heard and determined in the Florida State Courts or, to the extent permitted by law, Florida Federal Courts. In addition Borrower irrevocably designates and appoints ROBERT LAW., whose mailing address is 1441 Brickell Avenue , Suite #1400, Miami, Florida 33131 as its Lawl Agent i in the State of Florida who may be served by personal service o certified mail, return receipt reqiiesjed, and who may accept and receive on behalf of Borrower, all process with respect to any action, sui ing thet may be brought against Borrower, in the Florida State Courts or the Florida F and Borrower agrees that such service of process and the acceptance or receipt by such agent, valid, effective and binding in every respect as if personally served upon Borrower the state, (if process of action, suit or proceeding is not effectuated upon such agent within seventy-two (72) hours of the first attempt thereof, Lender shall be entitled to effect service of process upon Borrower by publication provided Lender mails a copy of such process to Borrower at Borrower's last known address. In the event service by publication is made in accordance with the terms hereof, Borrower hereby irrevocably waives any and all defenses, claims ot objections based on or relating to process or service of process, including, without limitation, any and all objections and defenses based on a lack of personal service and any and all objections and defenses based on service of process being made by publication.) Borrower irrevocably waives, to the fullest extent permitted by law, all objections which it may now or hereafter have to the laying of venue of any suit, action or proceeding in the Florida State Courts or the Florida Federal Courts located in Miami-Dade County, Florida and imevocably waives all claims or defenses that any suit, action or proceeding brought in such courts located in Miami-Dade County, Florida has been brought in an inconvenient or improper forum, Borrower acknowledges and agrees that a final judgment in any suit, action or proceeding shall be conclusive and binding upon Borrower and may be enforced against such party in other jurisdictions by suit on the judgment or in any other manner provided by law. (0ov07860.000:1) Book25951/Page1816 Page 29 of 31If Lender exercises the option to require immediate payment in full, Lender shall give Borrower's designated agent notice of acceleration. The notice shall provide a period of not less than fifteen (15) days from the date the notice is detivered or mailed within which Borrower must pay all sums secured by the Security Instrument. f Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any ne mitted by the Security Instrument without further notice or demand on Borrower. signing below, Borrower accepts and agrees to the terms and covenants contained in this =, Signed and BORROWER: in the pre Aion WWETTE aA RODRIGUEZ ALEJANDRO MURAT A STATE OF FLORIDA A COUNTY OF MIAMI-DADE ‘The foregoing instrament was acknowledged before me tha 2% aay of Marc, 2013 RODRIGUEZ ap ALEJANDRO MURAT for the purposes stated herein. He is IVETTE MORAN ily known to me or has produced ‘as identification and did not take an oat seach AM) ioc, ie Qe acevedo rors oon eos ae mat DDT ACCEPTANCE ewe 3 ght oe Having been named to accept service of process at the place designated in this Rider, the undersigned hereby agrees to act in this capacity, and the undersigned further agrees to comply with the {0007960.000:1} Book25951/Page1817 Page 30 of 31provisions of all statutes relative to the proper and complete performance of the duties and obligations associated therewith pursuant to Florida law. ROBERT ALLEN LA} {90007960.000:1) Book25951/Page1818 Page 31 of 31