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EL-10-1166(olg* 0A BUILDING PERMIT APPLICATION FBC 20 Miami, Shores Village (#'(0 s- 00 ) J SIN ?, 4 Building Department 10050 N.E.2nd Avenue, Miami Shores, Florida 33138 Tel: (305) 795.2204 Fax: (305) 756.8972 INSPECTION'S PHONE NUMBER: (305) 762.4949 Master Permit No. Permit Type: ELECTRICAL Owner's Name (Fee Simple Titleholder) / k- � Phone # Owner's Address /7 3c2 /ilk I , 1 -Gee City ��L -���! ��ZG'?l ate Zip 33/3,Y Tenant/Lessee Name Email Phone # Job Address (where the work is being done) / 2 — 1 7' E ` /c J7 - City Miami Shores Villa le County Miami -Dade FOLIO / PARCEL # / / ` 2 Z 0 Is Building Historically Designated YES NO Describe Work: (/) Notary $ Training/Education Fee $0.20 Scanning $ 3.00 Radon $ DPBR $ Y: Permit No. 1 Square / Linear Footage Of Work: Zip Flood Zone Contractor's Company Name a7&L1 fi, 01 C�H # Contractor's Address b _C U./ ozy City ./7 4 Ft J " State Zip Qualifier Name &e.e, � � a,G? //2P�� Phone # (9.M '57/1 State Certificate or Registration No. v 'O 17 2-7 Certificate of Competency No. Contact Phone Zf �os" 57l E -mail Architect/Engineer's a (if applicable) Phone # Value of Work For this Permit $ 5i� o f Type of Work: ❑Addition ❑Alteration :New ❑ R ( � - 7k1 � ��` ��+�✓ jU` fi air/R Repair/Replace Demolition Submittal Fee $ Permit Fee $ esP.0 CCF $ CO /CC $ Technology Fee $ 0 450 Bond $ Double Fee $ Violation date: Structural Review. $ Total Fee Now Due $ 5 See Reverse side - %/2 — 0-533 °Yzd) Scheduled Inspection Date: August 23, 2010 Inspector: Devaney, Michael Owner: ROTH, COURTNEY Job Address: 1432 NE 105 Street D-6 Miami Shores, FL Project: <NONE> Contractor: ADT SECURITY SERVICES, INC Building Department Comments August 20, 2010 Inspection Worksheet Miami Shores Village 10050 N.E. 2nd Avenue Miami Shores, FL Phone: (305)795 -2204 Fax: (305)756 -8972 c� We Inspection Number: INSP - 150283 Permit Number: EL -6 -10 -1166 For Inspections please call: (305)762 -4949 Permit Type: Electrical - Residential Inspection Type: Final Work Classification: Alarm Phone Number Parcel Number 1122300530420 Phone: (786)331 -3967 1 LOW VOLTAGE BURGLAR ALARM SYSTEM Passed Failed Correction Needed Re- Inspection Fee No Additional Inspections can be scheduled until re- inspection fee is paid. Inspector Comments Page 30 of 40 Bonding Company's Name (if applicable) Bonding Company's Address City State Zip Mortgage Lender's Name (if applicable) Mort a Lender's Address City State Zip Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS and AIR CONDITIONERS, ETC OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." Notice to Applicant: As a condition to the issuance of a building permit with an estimated value exceeding $2500, the applicant must promise in good faith that a copy of the notice of commencement and construction lien law brochure will be delivered to the person whose property is subject to attachment. Also, a certified copy of the recorded notice of commencement must be posted at the job site for the first inspection which occurs seven (7) days after the building permit is issued. In the absence of such posted notice, the inspection will not be approved and a re- inspection fee will be charged. D, L g S s' 416 Signature Signature er or Agent Contractor The for m instrument was acknowledged before me this ... 741--- The fore mg instrument was acknowledged before me this4 day of who is ,` sonally known to me or who has produced who is "'ersonally known to me or who has produced NOTARY PUBLIC: Sign: Print: My Commission Expires: APPROVED BY (Revised 07 /10 /07)(Revised 06/10/2009) ,20(' ,by , day of As identification and who did take _an oath. I> NOTARY PUBLIC -STATE OF FLO "O Alba Aguila ��� Commission #DD682830 4.' Ex es: JU 26, 2011 �%�C.e ,20P ,by as identif 8 1 ba�i � �-�. Alba A gtiila NOTARY PUBLIC: ='� _ � ' Commission # DD682830 Expires: JULY 26, 2011 BONDED THRU ATLANTIC BONDING CO., INC. Sign: G Print: My Commission Expires: Y." a. * * * * * * * * * * * * * * * * * * * * * * ** , _...************************************************ * * * * * * * * * * ** * * * * * * * * * * * * ** * * * ** .2 a tJ 'Plans Examiner Zoning Engineer Clerk checked Primary Zone: 11- 2230 - 053 -0420 CLUC: 0007 RESIDENTIAL - CONDOMINIUM Beds/Baths: 2/2 Floors: 0 Living Units: 0 Adj Sq Footage: 1,728 Lot Size: 0 Year Built: 1971 Legal Description: HARBOUR CLUB VILLAS CONDO TOWNHOUSE D -6 UNDIV 1/79TH INT IN COMMON ELEMENTS CLERKS FILES 69R143006 & 70R100201 OR 20475- ,0182 06 2002 1 Folio No.: 11- 2230 - 053 -0420 Property: 1432 NE 105 ST D6 Mailing Address: GERALD A UPTHEGROVE 1432 NE 105 ST #D6 MIAMI SHORES FL 33138 -2114 Year: 2009 2008 Land Value: $0 $0 Building Value: $0 $0 Market Value: $302,790 $360,460 Assessed Value: $298,935 $298,637 ear: 2009 2008 Homestead: $25,000 $25,000 nd Homestead: YES YES Miami -Dade My Home My Home tam 'dp e. go Show Me: 'Property Information Search By: 'Select Item Text only Property Appraiser Tax Estimator Property Appraiser Tax Comparison a. Portability S.O.H. Calculator Summary Details: Property Information: Assessment Information: Exemption Information: Taxable Value Information: I Year: I 2009 I 2008 I ACTIVE TOOL_ SELECT Aerial Photography - 2009 My Home 1 Property Information 1 Property Taxes 1 My Neighborhood 1 Property Appraiser Home 1 Using Our Site 1 Phone Directory 1 Privacy 1 Disclaimer If you experience technical difficulties with the Property Information application, or wish to send us your comments, questions or suggestions please email us at Webmaster. Web Site © 2002 Miami -Dade County. All rights reserved. Page 1 of 2 SRI 0 200 ft http: / /gisims2. miamidade .gov /myhome /propmap.asp 6/9/2010 Sale Date: 5/2004 Sale Amount: $310,000 Sale O /R: 22372 -4533 Sales Qualification Description: Sales which are qualified View Additional Sales Miami -Dade My Home Regional: County: City: School Board: $50,000/ $248,935 $50,000/ $248,935 $50,000/ $248,935 $25,000/ $273,935 $50,000/ $248,637 $50,000/ $248,637 $50,000/ $248,637 $25,000/ $273,637 Taxing Authority: r�NNueu ypt eU Exemption/ Exemption/ Taxable Taxable Value: Value: Sale Information: Additional Information: Click here to see more information for this property: Community Development District Community Redevelopment Area Empowerment Zone Enterprise Zone Zoning Land Use Urban Development Boundary Zoning Non -Ad Valorem Assessments http://gisims2.miamidade.gov/myhome/propmap.asp Page 2 of 2 6/9/2010 111111111111111111111111111111111111111111111 Return To: LOAN # 0851063107 TX2- 979 -01-07 ATTN: RECONTRUST CO., NA. BANK OF AMERICA P.0. BOX 619003 DALLAS, TX 75261 -9003 This document was prepared by: JESS KILGORE BANK OF AMERICA, N.A. 1400 BEST PLAZA DRIVE R I CHMOND , VA 232270000 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated together with all Riders to this document. (B) "Borrower" is W PAUL KORY AND M JOYCE RICO, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "Lender "is BANK OF AMERICA, N.A. Lenderisa NATIONAL BANKING ASSOCIATION organized and existing under the laws of THE UN I TED STATES OF AMERICA FLORIDA-Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT .0(FL) {oai1) Page l a 1e Male “ArK 5 b1/41l VMP Mortgage Forma Inc. [Space Above This Line For Recording Data] MORTGAGE CVFL 05/06/10 11:56 AM 08510631071 Book27315 /Page697 CFN #20100391357 CFN 2010R03913$7 OR 8k 27315 Pss 0697 — 719; (23ass) RECORDED 06/10/2010 12:06 :24 MTG DOC TAX 574.00 IHTAHG TAX 328.00 HARVEY RUVIH, CLERK OF COURT MIAMI —DADE COUNTY, FLORIDA LOAN # 0851063107 MAY 07, 2010 Forth 3010 1101 Page 1 of 23 Lender's address is 1400 BEST PLAZA DRIVE , RICHMOND , VA 232270000 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated MAY 07 , 2010 The Note states that Borrower owes Lender ONE HUNDRED SIXTY FOUR THOUSAND AND 00 / 100 Dollars (U.S. $ 164 , 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUNE 01, 2040 (E) "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]: Adjustable Rate Rider ® Condominium Rider El Balloon Rider 0 Planned Unit Development Rider fl VA Rider ❑ Biweekly Payment Rider Second Home Rider 1-4 Family Rider Other(s) [specify] (11) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. FLORIDA4Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT a Page2of16 'nada _ W. J? .(1 t � orm3010 1101 0 CVFL 05/06/10 11:56 AM 0851063107 41 M� 'n, 6l wd 14 5" h-)10 Book273151Page698 CFN #20100391357 Page 2 of 23 (0) " RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 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 q>>alify as a "federally related mortgage loan" under RESPA. (P) "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. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following described property located in the COUNTY of M IAMI — DADE [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] "LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.° Parcel ID Number. 1122300530420 1432 NORTHEAST 105TH STREET 06 MIAMI SHORES ( "Property Address "): which currently has the address of [] [City] , Florida 33138 -2114 [zip code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." FLORIDA - Single Family - Fannie Mae/Freddle Mac UNIFORM INSTRUMENT - 61FL10a811) Pap 3 of ie Mister f kNAP K 51 /- ,O Form 3010 1101 CVFL 05/06/10 11:56 AM 0851063107 2 - ( Book27315 /Page699 CFN #20100391357 Page 3 of 23 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the 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 returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at 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 payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments it 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 FLORIDA-Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ® -$(FL) (3811) Page 4 of 18 „,row kt.S? IAS fr/►o Form 3010 1/01 CVFL 05/06/10 11:56 AM 0851063107 P-11-Y1-- Book27315 /Page700 CFN #20100391357 Page 4 of 23 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 frill, 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 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 Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow 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 Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing 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 earnings 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. FLORIDA-Single Family- Fannie Mae/Freddle Mac UNIFORM INSTRUMENT CO �1 O - 6I FI- ) Page 6 of 16 kAol t $ 1 IQ Farm 3010 1/01 CVFL 05/06/10 11:56 AM 0851063107 tj.43}< ( J1d Book27315/Page701 CFN #20100391357 Page 5 of 23 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. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the hen an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If 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 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance sha be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of FLORIDA - Single Family- Fannie MaelFreddle Mac UNIFORM INSTRUMENT 4(FL) (0811) Page 8 of 18 Ifl hatz .(s /PO Form 3010 1/01 CVFL 05 /06/10 11:56 AM 0851063107 /"a ("43$■ Book27315/Page702 CFN #20100391357 Page 6 of 23 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 so obtained might significantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All msurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, 4ha11 include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights 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. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the FLORIDA - Single Family- Fannie MaelFreddle Mac UNIFORM INSTRUMENT 's(FI -1 (0811) Page 7d16 INtlals 3 11 Form 3010 1/01 CVFL 05/06/10 11 :56 AM 0851063107 SI -tJlo Book27315 /Page703 CFN #20100391357 Page 7 of 23 date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or 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 turned 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. 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 FLORIOA- Single Family- Fannie Mae/Freddle Mac UNIFORM INSTRUMENT a 4(FL) (0811) Page 8018 i w P14.„ t 1 Form 3010 1101 0 CVFL 05 /06/10 11:56 NM 0851063107 1'( rya . t7, �, it, Book27315 /Page704 CFN #20100391357 Page 8 of 23 from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent ent to the Mortgage Insurance reviously in effect, ,, at a cost substantially equivalent to the cost to Borrower of the Mo: ce previously in effect, from an alternate mortgage insurer selected by Lender. substantially equivalent Mortgage Insui nce coverage is not available, Borrower shall continue to pay to Lender the amount of a separately desi payments that were due when the insurance on- refundable ceased reserve lieu of Mo rgage Insurance. S reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (m the amount and for the period Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make ly designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the required to maintain Mortgage Insurance in effect, or to provide a non - refundable floss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lenderproviding for such termination or until termination is required by Applicable Law. Nothing in this Section 10 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. ortgage insurers evaluate their total risk on all such insurance in force from time to tune, 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 us any source of funds that the mortgage insurer may have available (which may mclude 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 payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage l[nsurance or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if an - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any FLORIDA-Single Family- Fannie Mae/Freddle Mac UNIFORM INSTRUMENT 4 (FL) ( 0811 ) Page aof18 !maw WP), 5M .0 Form 5010 1/01 CVFL 05/06/10 11:56 AM 0851063107 Book273151Page705 CFN #20100391357 Page 9 of 23 other taw. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for m Section 2. In the event of a total taking, destruction, or loss in value of the Property the Miscellaneous m Proceeds shall be applied to the sus 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 ages 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 loss 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, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's, judgment, could result in forfeiture of the Property or other material impairment of Lender's interest m the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest m the FLORIDA - Single Family -Fannle Mae/Freddie Mac UNIFORM INSTRUMENT - 8ii) Page 10 or 18 m BG t4 ), o Form 3010 1101 CVFL 05/06/10 11:56 AM 0851063107 Mtra-1,-. tuP lo Book27315/Page706 CFN #20100391357 Page 10 of 23 Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obli,trJo ons and liability shall be joint and several. However, any Borrower who this Security istnunent but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, gprant 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, modem, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security 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 Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bmd (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authonty m this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted 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. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security FLORIDA - Single Family- Fannie Mae/Freddle Mac UNIFORM INSTRUMENT /� at-6(FL) (0811) Page 11 of 18 Initials: .r)< SSA O Form 3010 1101 CVFL 05/06/10 11:56 M 0851063107 / Book27315/Page707 CFN #20100391357 Page 11 of 23 Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender s ' ecifies a procedure for reporting Borrower's change of address, then Borrower shall only report a c . s , a of address through that specified procedure. There may be only one designated notice address I. ' er this Security Instrument at any one 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 has 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. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a rohibition against agreement by contract. In the event that any provision or clause of this Security prohibition or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a ' - nod of not less than 30 days from the date the notice is given in accordance with Section 15 wi •1 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. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might .specify for the termination of Borrower's right to reinstate; or � entry of a judgment enforcmg this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums FLORIDA - Single Family - Fannie MaeIFredd(e Mac UNIFORM INSTRUMENT 431' (08t1) R120 121118 ireiae r 6 � j lQ Form 3010 1101 CVFL 05/06/10 11:56 AM 0851063107 AA � Book27315IPage708 CFN #20100391357 Page 12 of 23 which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property, and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity, or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, t Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this nght to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, f or a any duty owed by reason of, this Security Instrument, until such Borrower or Lender has o e 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 period 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 o, . • rtunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to • • rrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos 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 environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT t (421) 4(FL) (0610 Page 13 of 16 Initials P Ir it CForm 3010 1109 CM 05/06/10 11:56 AM 0851063107 , 5 l Book27315 /Page709 CFN #20100391357 Page 13 of 23 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is m violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) an condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is 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. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (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 30 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 reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided m this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Attorneys' Fees. As used in this Security Instrument and the Note, attorneys' fees shall include those awarded by an appellate court and any attorneys' fees incurred in a bankruptcy proceeding. 25. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action, proceeding, claim, or counterclaim, whether in contract or tort, at law or in equity, ansing out of or m any way related to this Security Instrument or the Note. FLORIDA - Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 6(FL) mil) Page 14 a 1e Initlats J 'tj O Form 3010 1/01 CVFL 05/06/10 11:56 AM 0851063107 Van t S `3 l Book27315/Page710 CFN #20100391357 Page 14 of 23 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and m any Rider executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of: WITNESS PRINTED NAME AND SIGNATURE WITNESS PRINTED NAME AND SIGNATURE FLORIDA- SIngle Family- Fannie Maa/Freddle Mac UNIFORM INSTRUMENT ®® FL) (o11) Page 16 of 18 CVFL 05/06/10 11:56 AM 0851063107 W PAUL KORY, INDIVIDUALLY (1-zu - Borrower 1432 NORTHEAST 105TH STREET 06 , MIAMI SHORES , FL , 33138 -211 ) �:__ _ a..�. . _•. �� t (Seal) M JOYCE RICO BY W P KORY. HIS /HER :. UMW ATTORNEY -IN -FACT 1432 NORTHEAST 105TH STREET 06 , MIAMI SHORES , FL 33138 -2114 (Address) (Seal) (Seal) - Borrower - Borrower (Address) (Address) (Seal) (Se - Borrower -Borrower (Address) (A) (Seal) (Seal) •Borrower -Borrower (Address) (Address) Form 3010 1101 Book27315/Page711 CFN #20100391357 Page 15 of 23 STATE OF F County ss: by The foregoing instrument was acknowledged before Inc this 4/ y 71 /e et/ rad if )" r„, r qr a r i tir .,,, A . 'S /7 ✓o y a.e /ric o who is personally known to me or who has produced #4 s'- f 1-194 ntification: FLORIDA- Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 4:1$(FL) 11) Page wale snit l& L) (r // r Form 3010 1/01 CVFL 05/06(10 11:56 AM 0851063107 M ‘a v..S.etc 51 1111 Book27315/Page712 CFN #20100391357 Page 16 of 23 LOAN # 0851053107 CONDOMINIUM RIDER THIS CONDOMINIUM RIDER is made this 7TH day of MAY, 2010 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to BANK OF AMERICA, N.A. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 1432 NORTHEAST 105TH STREET D6 MIAMI SHORES, FL 33138 -2114 [Property Address] The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project known as: HARBOUR CLUB VILLAS [Name of Condominium Project] (the "Condominium Project'). If the owners association or other entity which acts for the Condominium Project (the "Owners Association ") holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (ii) by -laws; (iii) code of regulations; and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. MULTISTATE CONDOMINIUM RIDER - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Page 1 of 3 BS8R (0811) Wolters Kluwer Financial Services M08C 05/06/10 11:56 PM 0851063107 L14 D AA 1 � Book27315/Page713 CFN #20100391357 Page 17 of 23 B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, from which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or daim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (1) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (11) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender, (iii) termination of professional management and assumption of self - management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear MULTISTATE CONDOMINIUM RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT I3S8R (0811) Page 2 of 3 MOBC 05/06/10 11:56 AM 0851063107 Book27315 /Page714 CFN #20100391357 ,v0-4.�r, •JP )x)10 Page 18 of 23 interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Condominium Rider. W PAUL KORY, INDIVIDUALLY� I V) M JOYC W PAUL KORY, HI HER ATTORNEY -IN -FACT co- (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower MULTISTATE CONDOMINIUM RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT BS8R (0811) Page 3 of 3 MOBC 05/06/10 11:56 AM 0851063107 Book27315 /Page715 CFN #20100391357 Page 19 of 23 Book27315/Page716 CFN #20100391357 SECOND HOME RIDER THIS SECOND HOME RIDER is made this 7TH day of MAY , 2010 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower," whether there are one or more persons undersigned) to secure Borrower's Note to BANK OF AMER I CA , N . A . (the "Lender') of the same date and covering the Property described in the Security Instrument (the "Property "), which is located at: 1432 NORTHEAST 105TH STREET D6, MIAMI SHORES, FL 33138 -2114 [Property Address] In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations conceming Borrower's occupancy of the Property as Borrower's second home. MULTISTATE SECOND HOME RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 1 of 2 BS36SR (0811) Wolters Kluwer Financial Services M65S 05/06/10 11:56 AM 0851063107 s' I"4-1to Page 20 of 23 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Second Home Rider. W PAUL KORY, INDIVIDUALLY M JOY►'' RIC BY W PAUL KORY. IS /HER ATTORNEY-IN-F (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower MULTISTATE SECOND HOME RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT BS365R (0811) Page 2 of 2 M65S 05/06/10 11:56 AM 0851063107 Book27315 /Page717 CFN #20100391357 Page 21 of 23 MAY 07, 2010 ESCROW RESERVE ACCOUNT OR WAIVER AGREEMENT Ihaveappliedto BANK OF AMERICA, N.A. ( "you ") for a real estate loan ( "the Loan ") which will be secured by a mortgage, deed of trust or security deed ( "the Security Instrument ") and repaid as stated in a Promissory Note ( "the Note" ). I understand an escrow reserve account ( "Escrow Account ") is WAIVED FOR: PROPERTY TAXES. If the Escrow Account is REQUIRED, I may not cancel it. If you WAIVED the Escrow Account, I promise to pay the following Expenses in full when due and send receipts marked "paid" to you upon request. "Expenses" include taxes, assessments, Leasehold payments or ground rents on the collateral property (if any), insurance premiums and other expenses relating to the Loan. If I break certain promises in the Security Instrument, you may change a WAIVED Escrow Account to a REQUIRED Escrow Account. For example, if I fail to pay an Expense when due, fail to give you upon request evidence that I have paid any Expense, fail to reimburse you for any Expense you have paid, or fail to make timely Note payments, you, or anyone who buys the Loan from you may change or cancel this Agreement as allowed by law. If I am opening an Escrow Account or an Escrow Account is later REQUIRED, I agree: • At the same time I make the Note payments, I will pay you the amount you have calculated for deposit in the Escrow Account. This amount is calculated to approximate the amount of Expenses to enable you to pay them in a timely fashion and maintain a reserve as permitted by my Security Instrument. • If flood insurance is at any time required for my Loan and an &crow Account is opened, my Escrow Account deposit will include an amount to pay flood insurance. • If you determine there will not be enough money to pay the Expenses, you may require me to increase deposits into the Escrow Account. I understand that you may not have to pay the Expenses if my Note payment or Escrow Account deposit is delinquent, and if there is not enough money in the Escrow Account. I understand that I could be in default under the Security Instrument if any of these Expenses are not paid. FHA/VA FINANCING - I understand that you REQUIRE, as a condition for the Loan, that an Escrow Account be established for taxes, insurance premiums, or other purposes. I will include deposits to the Escrow Account in my monthly payments along with the principal and interest, in conformity with the Security Instrument. INTEREST ON ESTABLISHED RESERVES - If an Escrow Account is opened, 2J I acknowledge that interest will NOT be paid on the Escrow Account. [l I acknowledge that interest WILL be paid on the Escrow Account. You may revise your interest policy, including lowering or stopping interest payments, as allowed by law. I acknowledge that this Escrow Account is nontransferable except to a new borrower upon an approved assumption, if applicable. I have kept a copy of this Agreement. By signing below, I accept and agree to the terms and provisions contained in this Agreement. If you and I enter into the Loan, then this Agreement shall be a part of it. W PAUL KORY, INDIVIDUALLY M JOYCE RI BA174 co405) 'i By r PAUL KORY, HIS /HER A ORNEY —IN —FACT VMP Mortgage 8oludens, Inc. - (800)521 -7201 F345 05/06/10 11:56 AM 0851063107 Date 1© Date Date Date Book27315/Page718 CFN #20100391357 Page 22 of 23 Townhouse Parcel No. D6 of Harbour Club Villas, a Condominium, according to The Declaration of Condominium recorded in O.R. Book 6529, Page 654, and all exhibits and amendments thereof, Public Records of Miami -Dade County, Florida. Parcel Identification Number: 11-22-30-053-0420 File Nwnber: 2009 -10 Exhibit A OR Bk 27315 PG 0719 LAST PAGE DoubioTinw. Book27315/Page719 CFN #20100391357 Page 23 of 23