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    MERS as nominee for MHI Mortgage_Stacy Spohn and Dana Heisel_complaint

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    MERS as nominee for MHI Mortgage

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
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    27 views27 pages

    MERS As Nominee For MHI Mortgage - Stacy Spohn and Dana Heisel - Complaint

    Uploaded by

    TA Webster
    MERS as nominee for MHI Mortgage

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
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    INTHE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CIVIL ACTION CHASE HOME FINANCE LLC, Planoff, CASE NO ws DIVISION ANA MARIA PACHECO, THE UNKNOWN SPOUSE OF ANA MARIA PACHECO, AN’ UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISBES, GRANTEES, OR OTHER CLAIMANTS, SONESTA WALK HOMEOWNERS ASSOCIATION OF BREVARD COUNTY, INC,, TENANT iil, TENANT #2, TENANT #3, and TENANT #4 the names being fcttious to account for partes im possesion Defendant(s) , 5-240 (A lor chi MORTGAGE FORECLOSURE COMPLAINT XXXX xXx Plamufl, CHASE HOME FINANCE LLC, sues Defendants, ANA MARIA PACHECO, THE UNKNOWN SPOUSE OF ANA MARIA PACHECO, ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGIL, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE. NOT KNOWN TO BE DEAD OR ALIVE, WIIETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS, SONESTA WALK HOMEOWNERS ASSOCIATION OF BREVARD COUNTY, INC, TENANT #1, TENANT #2, TENANT #3 and TENANT #4 the names being fictitious to account for pares m possession, and alleges COUNT 1- MORTGAGE FORECLOSURE, 1 This 1s an m rem action to foreclose a mortgage on rel property located and situated in BREVARD County, Fonda 2 Thus firm has complied with the notice requirement of the Fair Debt Collection Practices Act, 15 USC § 1692, et seq, as amended The Notice(s) previously mailed by the firm rs attached hereto and incorporated hherean as an Exhabit FILE_NUMBER F10004726 "Sic HONE ororsa coon www na ince 619338867 3 On July 28, 2006, there was executed and delivered a Promssory Not (Mortgage Note") and a Purchase Money Mortgage ("Mortgage") securing the payment of the Mortgage Note The Mortgage was recorded on August 2, 3200, in Official Records Book 5680 at Page 2665, of the Public Records of BREVARD County, Florida, (Al subsequent recording references are tothe public records of BREVARD County, Florida) and mortgaged the real and personal property ("Property") descnbed therem, then avined by and in possession ofthe Mortgagor(s) Copies of the original Mortgage Note and Mortgage ae attached hereto and incorporated herem as an Exhibit 4 Planuff s now the holder of the Mortgage Note and Mortgage and/or 1s entitled to enforce the Mortgage Note and Mortgage 5 The Property 1s now owned of record by Defendant(s), ANA MARIA PACHECO 6 The Mortgage Note and Mortgage are m default the required mstallment payment of July 1, 2009, was not paid, and no subsequent payments have been made The Mortgage 1s contractually due forthe July 1, 2009, payment The last payment received was applied to the June 1, 2009, installment, ane no subsequent payments have been apphied to the loan 7 Plamnuff declares the full amount payable under the Mortgage Note and Mortgage to be now due 8 Plait must be paid $131,217 61 m principal on the Mortgage Note and Mortgage, together with interest from June 1, 2009, fate charges, and all costs of collection meluding title search expenses for ascertaining necessary parties to ths action and reasonable attorney's fees 9 All conditions precedent tothe acceleration of the Mortgage Note and foreclosure of the Mortgage have been performed or have occurred 10 Plamntiffhas retained the law firm of Flonda Default Law Group, PL. this action and i obligated to pay ita reasonable {ce for its services in bringing this action as well as all costs of collection 11 The interests of each Defendant are subject, subordinate, and mferior tothe righ, ttle, anteest, and lien of Plaintiff's Mortgage with the exception of any special assessments that are superior pursuant to Flonida Statutes §159 (2006) and Florda Statutes §170 09 (2006) 12 THE UNKNOWN SPOUSE OF ANA MARIA PACHECO may have or claim an interest in the Property that us the subject of this Foreclosure action by virtue of homestead i, possession, or any right of ‘redemption, or may otherwise claim an interest m the Property 13. SONFSTA WALK HOMEOWNERS ASSOCIATION OF BREVARD COUNTY, INC may have ‘or claum an anterest mn the Property that 1s the subyect of this Foreclosure action by virtue of any lien filed pursuant to the Declaration of Covenants and Restrictions and any amendments thereto, a Claim of Lien recorded in Offical Records Book 5919, Page 1871, or may otherwise clarm an mnterest an the Property 14 TENANT #1, TENANT #2, TENANT # and ‘TENANT #4, the names being fictitious to account for parties mn possession may claim some interest inthe Property that 1s the subject of ths foreclosure action by virtue of an unrecorded lease or purchase option, by virtue of possession, or may otherwise claum an interest mm the Property The names ofthese Defendants are unknown tothe PlamnfT WHEREFORE, Plainnff requests that the Court ascertan the amount due Plainuff for principal and mterest on the Mortgage Note and Mortgage and for late charges, abstracting, taxes, expenses and cost, including attorneys fees, plus interes thereon, that ifthe sums due Plamtif under the Mortgage Note and Mortgage are not paid immediately, the Court foreclose the Mortgage and the Clerk ofthe Court sell the Property securing the mdebtedness to satisfy Plant's ‘mortgage lien in accordance with the provisions of Florida Statutes §45 031 (2006), that the nghts title and interest of | any Defendant, or any party claiming by, through, under or against any Defendant named herem or hereafter made & Defendant be forever barred and foreclosed, thatthe Court appoint a receiver of the Property and ofthe rents, issues, :ncome and profits thereof, or i the alternative, order sequestration of rents, issues, ncome and profits pursuant to Florida Statutes §697 07 (2006), and thatthe Court retain urisdietion of ths action to make any and al further orders and judgments as may be necessary and prope, including the ssuance ofa wrt of possession and the entry of a deficiency decree, when and if such deficrency decree shall appear proper, if borrower(s) has not been discharged in Dankruptey Florida Default Law Group, PL. P.O Box 25018 ‘Tampa, Florida 33622-5018 (813) 251-4766 Sarah R-Kinnett Florida Bar No 37593 Scott R Lin Flora Bar No 11277 ‘Anne M Cruz-Alvarez Florda Bar No 17140 CCHASEDIRECT-SPLCFIILMC-Regjyske FLORIDA DEFAULT LAW GROUP, P.L. ATTORNEYS AT LAW 9119 CORPORATE LAKE DRIVE 3® FLOOR TAMPA, FLORIDA 33634 Please reply to Telephone (813) 251-4766 Post Office Box 25018 Telefax (813) 251-1541 ‘Tampa, FL 33622-5018 January 21, 2010 ANAM PACHECO, U4 E JOIST STREET. NEW YORK, NY 10029 Re Loan Number Mortgage Servicer CHASE HOME FINANCE LLC Creditor to whom — CHASE HOME FINANCE LLC the debt 1s owed Property Address 1010 LUMINARY CIRCLE UNIT # 103, MELBOURNE, FL 32901 ‘Our File No 10004726 Dear Borrower ‘The law firm of Florida Default Law Group, P L. (hereinafter referred to as "law firm") has been retained to represent CHASE HOME FINANCF LLC with regards to its interests m the promissory Note and Mortgage executed by ANA M PACHECO on luly 28, 2006 Pursuant to the terms of the promissory Note and Mortgage, our client has accelerated all sums due and owing, which means that the entire principal balance and all other sums recoverable under the terms of the promissory Note and Mortgage are now due As of the date of this letter, the amount owed to our client 1s $138,899 83, which meludes the unpaid principal balance, accrued interest through today, late charges, and other default-related costs recoverable under the terms of the promissory Note and Mortgage Additional interest will accrue after the date ofthis leter This correspondence 1s bemg sent to comply with the Fair Debt Collection Practices Act and should not be considered a payoff letter Our client may make advances and incur fees and expenses after the date of this letter ‘which are recoverable under the terms of the promissory Note and Mortgage Therefore, ufyou wish to receive figures to remstate (bring your loan current) of pay off your loan through a specific date, please contact this law firm. at (813) 251-4766 or client services@defaultlawfl com Unless you note this law firm within thirty (30) days after your receapt of this etter thatthe valty of this debt, or any portion thereof, 1s disputed, this Iaw firm will assume that the debt is valid Ifyou do notify this, law firm in writing within thirty (30) days after receipt of this leter that the debt, or any portion thereof, 1s disputed, FILE_NUMBER F10004726 HELLOLETTER ww wnnanin this law firm will obtain verification of the debt or a copy of the judgment against you, ifany. and maul it to you Also, upon your written request within thirty (30) days after your receipt of this letter, this law firm will provide you with the name and address of the original creditor, iF different from the current creditor Florida Default Law Group, PL asadebt collector “Thus law firm is attempting to collect a debt, and any information obtained wall be used for that purpose All watten requests should be addressed to Sarah R Kinnett, Florda Default Law Group, PL, PO Box 25018, Tampa, Florida 33622-5018 ‘This law firm 1s inthe process of filing a Complaint on the promssory Note and Mortgage to foreclose on real estate The advice m this letter pertains to your dealings with this law firm as a debt collector Tr does not affect your dealings with the Cour and mn particular, it does not change the time at which you must answer the Complaint ‘The Summons sa command from the Court not from this aw firm, and you must follow its instructions even if you dispute the vahdity or amount of the debt The advice inthis letter also does not affect this law firm's relations with the Court ‘This law firm may file papers in the suit according to the Court's rules and the judge's instructions Finally, you previously received a discharge in a bankruptcy involving this loan and did not sign a reaffirmation agreement, or if you are currently 1n an active bankruptcy and m rem stay relief has been granted, then thus letter 1$ not an attempt to collect a debt from you personally This law firm 1s seeking solely to foreclose the creditors lien on real estate and this law firm will not be seeking a personal money judgment against you If you have questions regarding this matter, please do not hesitate to contact this law firm Sincerely, Florida Default Law Group, PL NOTICI Florida Default Law Group, P.L. is a debt collector. This Firm debt, and information obtained may be used for the purpose. attempting to cere: ‘wep LL Posen count 80 1 2685 ‘After Recording Return To onenaire 96 Ce Te ex a nee Cr ott tis YE Nice eS conn ae Ste cy Sarah Record and Return to GUDB- est 9 Tee hsap Sew oon soa hae a3 Ss, “Sar, 6767 N Wickham Road #101 Melbourne, Flonda 32940 {Spnce Atv The Lie Fr Recon Osa} ——— MORTGAGE MIN 190429206070014028 DEFINITIONS. Words used molupe sections of ths document ae defined below and ater words are defied in Sections 3, 1, 32°18 2020d 21 Cetin les regarding te wage of words used ths docuneat are lo rode in Sec (A) "Securty Instrument" mens ths docunent, which dated JULY 28, 2006 “together wth all Rios document "Borrower": ANA MARIA PRCHECO, A SINGLE WOMAN ‘Borrower is the mortgagor ener us Secu Instanent (©) "MERS" is" Morgge Elecrome Repriraton Sytem, Inc MERS i «separate corporation that acu, Solely 3s pomine for Lene and Lender's successors and assigns -MERS w the morigages under thi Securty Instrument MERS is orgaized and exisang under the ws of Delaware, nd ha nares an telephone nomber ‘of PO Box 2026, Ft Mi 48501-2026 tl (88) 679 MERS () "Lender" Is” CORNERSTONE HOME MORTGAGE CORP D/B/A MAI MORTGAGE Lender's FLORIDA CORPORATION orga snd existing under the laws of ELORIDA Lender'sadéressis 6769 N WICKHAM ROAD, SUITE 8-101, MELBOURNE, FLORIDA 32940 (©) "Note" means the promssory note signed by Borrower and dated JULY 28, 2006 ‘The Noe sates thal Borower owes Lender ONE HUNDRED THIRTY-FIVE. THOUSAND AND 00/100 Dolls (US $135,000 00) plas interest Borrower has prounsed lo pay thus debt in regular Perle Payments and 0 pay the debt in fll wot ltr than AUGUST 1, 2036 (“Property means the poprty thats descnbed below ander the eadiog “Transfer of Rh mth Property [ORK Sigg Fray Tare Wants Ss UNFOR RETRTRRNT ERS ——pactage Sang mac a Eee Be Sar aes TU ontsaurees $680 1 2666 (6) "Loan means the debt endenced bythe Note, plus eet, any prepayment charge and ne charges de under Noe and al sums de under this Security Instrument plus nerst CH) "Rader" meansall Riders to hs Security Instrument ht are execute by Borrower The following Riders are {0 be executed by Borower [check box as appable CD Adstabe Rate Rider Planned Unt Development Rider Di Balloon Redes Gy Rewecly Payment Rider D4 Fanaly Rider 1D Second Howe Rader G Condomman Rider Bi Oe Ispety “Applicable Law” meansal controling applicable federal sate and local stants, eglabonsordraces and uma rls and orders (tat have the effect of aw) a5 well 25 all applicale Fal, now-appealable jell plains )“Comamuity Asocaton Dues, Fees, and Assessments’ means ds, es, assessments and other charges that are unposed on Borower othe Propet bya condominum associton homeowners ssocatlon or siar ‘organization (0) "Flectrone Funds Transfer" meas ay wansfe of funds, oe tha a wanaction ongmaed by check, daft, ‘or sae paer msrumect, whch i dated trough an electronic terminal telephone stmt, compu oF ‘magnet pe so 25 order lnstucl or auhorze 2 faacial aston o it or ere an account Soch tm Incdes, but snot leted fo, point sle tasers anomate llr machine transactions, Wonser tated by (clephone, wire taesfr, and alomate cleringhonse transfers (@)" “Escrow lems" means those ems that are descnbed i Sochon 3 3 “Mcaaons Proce mens ny comers see 2a of ang orcs pul by ay {hid party (ther thas wsurance proces pnd under the coverages desenbed mm Seton 5) or () mage destruct of the Property. i) condemnation rote aking of al or any part ofthe Propet, (n) eomveyonce mn eof denne (3) meee of romain hee mr conf Roper (0). *Morigage Insurance” means surance prtecang Lender guest he soapayrent of ordeal on, {0) “Peso Payne’ mews repay shed aman ef ) pon nd nat nde Nee ‘0 any amount under Secon 3of tae Secunty Instrument {)"RESPA" means the Real Estate Setlement Procedures Ac (12 U'S C §2601 esq) and is nplementing regulation Regltion X (24 C FR. Part 3500) as they might be amended fom une to tne, o ary addonl or Ssucessorlegiation or regulation that goveres the some Sujet mater Ax uied rm th Secunty Intument, TRESPA’ refersioall requirements and restleon that are smposed nega 2 “edeal elated mortage ona ven fhe Loan oes nat quay a a Teerly related mortgage lan” ander RESPA (Q) “Seccesor in Interest of Borrower” mesns amy pty hat ba ken ile othe Property, whether or wo that arty has asimed Borrower's obligations vader the Nate andor ths Soar Unstrwmen Tey Toe NT War ON ETRORENT WES cape meg mek Peer Sr dag cat enzaszot 657 ‘TRANSFER OF RIGHTS IN THE PROPERTY ‘Tas Secunty Istana sce fo Lander he repayment of he Laat, and all renewals, xeon and sodifatons ‘the Nee, to) the performance of Borrower's coven and grxents waders Sent neat nthe Note Forth oro, Dore oes bere morgage, nl and conve fo MERS (aly as romlne fr Lender und Lenders secs an eg and te acs a or of MERS, be lg Std propery sa ee ‘COUNTY BREVARD (Hye rg tact) ‘Name of Rr eine Lor 21, BLOCK D, SONESTA WALK PHASE TWO, ACCORDING TO THE PLAT THEREOE, AG RECORDED IN PLAT BOOK $4, At PAGE 26 THROUGH 31, INCLUSIVE 31, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLOREDA ANN 28378126000000002100, ech carey as te adress of 1010 LUNENARY CIRCLE #103 ‘seed MELBOURNE -Flonda 32901 ("Property Address") ea (ee cate TOGETHER WITH all the improvements now or refer erected on the propery, and all easements, appurtenances, and fniars now ot hereafter prt of the property All replacements and ans shall lo be ‘covered by ths Scart estrament All ofthe Frepoinge efercedtln ths Security Isrumeat asthe "Property © Borrower understands and gres thal MERS old only Sal il tthe nterests ranted by Boroern hs Sect rumen, but eesar to comply wit law orcsiom MRS (as nominee fr Lender and Lender's successors and asi) has he nght to exerts oral of hose teres cating. bot wot heed othe gt orecose hel the Property, and take any acon required of Lender chang, but ot edo, releasing and cacelng tts Security Iestrment ‘BORROWER COVENANTS hat Borower i lel seised af the estate hereby conveyed aod hat the ght to mortgage gran and convey the Property and tat the Propet is urencubered, exept for encumbrances of cord Borrower warrants and wl defend generally thle 9 the Property agaist cums abd demands subject {o any excombraces of record "THIS SECURITY INSTRUMENT combines uniform covenatsfer nana se atdnon allorm covert with lume variatons by Jaren to const a uniform scanty mstreat covering ral property Fae Raa We UTORRENT aS" ose ars Sacre ‘queue yenanl Sta 1 2888 UNIFORM COVENANTS. Rorrower and Leder covenaot and agre as fllows 1 apmentof Principal, Interest, Escrow lems, Prepayment Charges, and Late Charges Boros shal pay when doe he pci of, and mlrest on, te debt erdenced by the Note and any prepayment charges and late ‘hares due underthe Not Borrower shall elso py funds for Escrow lems pusuat to Secuon 3. Paymeis due Snder the Note apd his Security Instrument shall be made ta US catrency However if any check or ober lasrument recived by Lender at payment unr the Note rth Seca Isrument returned o Lender unpid ‘ender may requ that any or all subsequent payments under the Noe and Us Seeunty Istrment be made in ‘one or oreof te flowin forms 2s selected by Lender (a) cash () money order. (c cetfed check, bark check, treasurers check or csiuers heck, provided any such checks ran upon an insttton whose depois re sured bya federal agency, tromenality or eaty, or (8) Electronic Ponds Traafr Payments are deemed received by Lender when recevedat he locaton designated Inthe Noto at such other Jocaton at may be dexygted by Lender in aecordaae wah tence prominin Seton 15) Lender mayretern any payment or paral payment Ite payment or part] payments arisen obing he Loan cute. Lender say’ accel any’ payen or partial payment iicent to beng the Laan caren, without walve of aay rights render or preadce to rights to refuse sch payment or paral payment the future, but Lender i not ‘oblgated osply such payment a theme such payers are aceped each Pride Payments applied a of ‘scheduled ue date, then Lender need ot py intrest on noppied funds Lender may bold sac upped ands ‘tl Borrower makes payment bring the Lata caren If Borrower doe not do so win 3 reasonable peed of time, Lender shall elher apply such funds or return them to Borower If so applied earlier such finds wil be pled tothe outstanding pinclpal balance ver the Note mediately por lo frelonre No offset orca ‘hich Boromer might have pour o in the Fue against Lender stall eleveBorrowe roaming payments de ‘under the Note and ths Secu Instrument or performing the coverais and agreements cared by this Security 72. Apphraton of Payments or Proceeds Fxcept 2s otbervase described inthis Section 2 all payments sccepted and apple by Leder sal be applied the following oder of monty (interes de oder te Nee. {© principal doe under the Noe, (arto due under Secon Sach payment shal e ale to exch Perc Payment inthe order in which it Beare due Any rerun amount shal be applied fs (lt charges Second to.any other amounts due ander hs Seeuty last ument, znd hea wo rede the pnp ance of he Note I Lander receres «pape rms Borrower for 4 delinquent Perodic Paymest which ncudes 9 sulictent moun © pay any le charge due the payment ay be apple othe delingsent payment andthe ate charge It ‘more tan one Penodic Payment Is ovtanding. Lender may apply any payment recelved fom Borrower fo the repayment ofthe Penoix Payments f and to the exe tat, ech payment an be pa null Tot exten that ‘ny exceas xt aller he payment ppd to the fll payment of one or mre Peioe Payments, sch excess may be applied oan ae charges Voluntary prepayments shall be applied fio any prepayment charges od hea 1 deserted ia he Note ‘Any application of payments, insurance prea, or Miscellaneous Proceeds 1o principal de under the Note shall na extend or pospone te dic date, change he noe of te Pero Payments 13° ‘Funds for Escrow lems Borrower ball py to Lender on tbe day Pena Payment are due under the Note unl the Notes pad fall sum he Funds) fo prove for payment of amourts due for) anes and sessment aad oie Hams which can ata pony over his SaconyInrament a len or eacombranct onthe Propet, () leasehold payments or ground rns onthe Property, I any premiums fr aay and all surance eguledby Lender under Seton 5, anf) Mortgage lnsscance pris fay, or any sims payabe by Borrower {o Lender tne of the payment of Mortgage Insrance premiums i accordance wi the provisions of Scebon 10, ‘These tens arcaled "Escrow lems * Aterigeaton or stan bre dung the tem ofthe Lose, Lender may rete that Cmmunty Assocanon Des, Fes, and Assesment, any, be escrowed Borrower, and sich ds, es ad wut cr 2008220480 orbeaursae 5680 | 2669 sessment shall ban Escrow Hern Borrower shall promptly farms to Leeder all nouces of amauelso be pad ‘uder this Sechon Borrower sll pay Lender the Funds for Fserow Hem wnless Lender waives Borrower ‘bgato pay the Funds for any oral Escrow lems Lender may wave Borrowers obligation to py to Lender ‘Ful forany oll Escrow ams at any tne Any such waver may only be m rang. Ine eves of ach wave Borrower shal py direct, when and where payable, the aroun due for any Escrow Tes for wlach payment of Funds has ben warve by Lender and f Lender eqe, sal farlsh o Lender elt evidencing ouch payment ‘win such ime period as Lender may requre_ Borrower’ oblgation to make such payments and to provide ecips sal fr all purposes be deemed tobe 2 covenant and apreumen canained in hs Seay Isruent, a8 he phase covenant and seement” wed tn Seson 9 If Bocroer i agaed lo pay Excrow lems dec, paren fo aaiver. and Borower fils to pay the amount ue fran Escrow lem, Lender ay execs ts ge under Secon 8 and pay such amount and Borrower shal then be obligated under Section 9 o repay to Lender any such amoun Lender my revoke the waiver at any orall Escrow lems at ny dane by aie given in accordance wi Secon "Sand, apn such evocanon, Borrower sal ay to Lender all Funds abd in sch amounts, ht ae then required under his Secuon 3 ‘Lender may, aay tne, collect and bold Funds aan anes (0) slice to prmat Lender o apply the Funds athe cine specified under RESPA, an (2) att exceed he maunam aout 2 Tener ca require oder RESPA Lender shall estimate the amount of Funds don the ass of caret data ad retsonabl etme of expenditures of ure Escrow lems or otherwie in secordsce with Appable Law ‘The Funds sal be bed Ia aniston whowe depos are asred by a federal gency mstramenahty, of ny (icing Lender. if Lender an institution wise deposits are so lasred) or in ay Federal Home Loan Bank Lender hall pply the Funds o py the Eserow lero ner thn the tne specified under RESPA Leader stall not charge Borrower fr bldg aod applying he Funds, anally anayzang the escrow ceo, o venyng the Escrow Items unless Lender pays Boomer sterest o the Funds and Applicable Law permits Lender o make sacha charge Unless an agreement s made in wig of Applicable Law ques interes te paul on the Fuad, Lender sal nt be required to pay Borrower ny rst or earnings oa he Funds. Borrower and Lender ca agree 1m writag however, at mteret shall be pid c the Funds Lender shall eve to Borrower, without charge an snl accountng ofthe Feds as rogled by RESPA there isa surphs of Funds held m esrow, as defined under RESPA. Lender sal acount to Borrower for (he encess funds azardaee wih RESPA. here shortage of Funds held m escrow, as defined under RESPA, Lendec shall nuty Borower as requred by RESPA, ad Borower sal py to Lender the amount necessary to make ‘up he shortage in accordance wath RESPA, but inno more thas 12 monthly payments If there Is. debieney of ‘ands held mn escrow 5 dfined under RESPA, Lener sal ntfy Borrower ax required by RESPA, ad Borrower shall pay to Lender the noun necessary to make pth dfceny on accordance wth RESPA. bu i more aa 12 monthly payments ‘Up peynet nfl ofl sums secwedby ths Secu astument Lend sal promply refund to Borrower any Funds hel by Lender 4°" Charges, Less Bocrower shal py all aes, asesiments, charges, aes sd mpsions abate © the Property which can aan prlorty over ths Security Tsrument, leasehold payments or ground reason the Property, any, and Commmaty Asccaton Dees Feer and Assessments, any To the extent tat these Hes are Escrow lems, Borrower sal py them in the manner prone n Section 3 Borrower shal promply discharge ay en which has prionty over hs Secunty Instrument less Borrower (2 apres m wrt to he payment ofthe ebigaon scared by the henna manner accepable o Lender, bo oly so long as Borrower i performing such agreement () contest the len In god fa by, or defends against ‘exfrceent ofthe ean, legal proceedings whieh n Lenders opmon operate a pevet the enforcement of hen hile thse proceedings are pedi, but oly unl such procedags sre conclaed, or (seats from the bolder FR Sy PT Tae ano ROR IS TRIRINT WERS Bong mag amen ua NUMER ‘orn 2008230480 onsoaeraae 5680 / 2670 of the len an agreement satisfactory to Lender subordmating the lento ths Security lsrument If Lender Atermnes that ay prt ofthe rope s subject to hen which can aan priory over ths Sec Instrmes Lender may give Borrower a notice dentfying the len Within 10 days ofthe ate on which tha nace i given Borrower shal sls he les or tke ane oe more of te achors sel forth above mt Secon 4 “Lenee may rege Borrower to pay 3 onetime charge for eal ete tax venation and reporting service sed by Lender in connection with hs Lan” 5) Property Insurance Borrower sal eep the improvements now existing or herenler erected on the ‘Property sncued agnor by Bir, hazards ecladed wii he erm "extended coverage.” and any cter baad Jacl, bo no miedo, earthquakes and lod, for which Lender require insarance Ths insurance sal be maintained i the amounts (including deductible level) and forthe periods thal Lene requres "What Lender ‘Fees pursuant othe preceding sentences can change daring the term fe Loan The Insurance carer providing ‘hetsarance sal be choses by Borrower sayet to edersright fo deappove Rorrowers choc, which ight stall sot be exercised unreasonably” Lender may rege Borrower ope, in connection ni this Loan, ether) #0ne {me charge for flood zone determination, cerifcabon and wacng Services, o () son Une elge fr flood zone sdetermsanion and ceriieuon ervces and subsequent charges each ume reaping or sill changes cra whieh ‘reasonably might affect such determinatn or certfation- Borower sal so be response forthe payment of ny Tes impoted bythe Federal Emergency Management Agency on comacton wih the review of a ood zoe ‘eerminanon result from an objection by Bereower ‘Borrower Fas to marian ay ofthe coverages desrbedsbove, Lender may obtinmesrnce coverage a “Lender's opin ad Borrower's expense Leer Is under no obliga o purchase my pauls type or amo! of coverage Therefore, such coverage shall over Lender, but might or might not protect Borrower, Borrower's ty the Property the contents ofthe Property, gas any ik, hazard or bby and mg provide pester ot iestr coverage than Was prevowly i effec Borrower acknowledges ta the oto the msrance coverage $0 ‘shaied might symfcany exceed the cst of wsurace that Borrower could ba obamed Any amount dibured by Lender under ths Section 5 shall become addional det of Borower secured by hs Seca) Insirunent These nouns Shall bear ltrest atte Note ate from te date of sbusement and shal be payable, wih sch leet pom notice from Lender to Borrower reqedtng payteat ‘All Insrance plies reqered by Lender and renewals of sich policies sal be sabject to Lender's ng o

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