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nsor & Associates

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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO.: CACE 09 001184

3

COUNTRYWIDE HOME LOANS

4 SERVICING LP,

5

6 -vs- 7
6
-vs-
7

Plaintiff,

MORTGAGE

ELECTRONIC REGISTRATION

8 SYSTEMS, INCORPORATED, AS A

NOMINEE FOR COUNTRYWIDE HOME

9 LOANS, INC.; UNKNOWN SPOUSE OF

FOR COUNTRYWIDE HOME 9 LOANS, INC.; UNKNOWN SPOUSE OF JOHN DOE; JANE 10 DOE AS UNKNOWN

JOHN DOE; JANE

10 DOE AS UNKNOWN TENANT(S) IN

POSSESSION OF THE SUBJECT

11 PROPERTY,

12

13

14

Defendants.

r

DEPOSITION OF PATRICIA ARANGO

15

16

17

18

Friday, January 7, 2011

10:16 a.m.

- 12:30 p.m.

101 N.E. 3rd Avenue, #1500

19

Fort Lauderdale, Florida 33301

20

21

22

Reported By:

Joyce L. Bluteau, RPR, FPR

23 Notary Public, State of Florida

Consor & Associates Reporting and Transcription

24

West Palm Beach Office

Phone - 561.682.0905

25

nsor & Associates

Rcpnf<ir2 »n4 Tr»i»<riptni3, Int

1

APPEARANCES:

2

 

On behalf of the Plaintiff:

3

DAVID NEWMAN, ESQ.

LAW OFFICES OF MARSHALL C. WATSON, P.A,

4

1800

Northwest 49th Street

Suite 120

5

Fort Lauderdale, Florida 33309

954.453.0365

6

7

On behalf of the Defendant,

JAMES FLANAGAN, ESQ.

8

ICE LEGAL, P.A.

1015

North State Road 7

9

Suite D

LEGAL, P.A. 1015 North State Road 7 9 Suite D Royal Palm Beach, Florida 33411 10

Royal Palm Beach, Florida 33411

10

561.729.0530

11

 

On behalf of the Defendant, Mortgage Electronic

12

Registration Systems, Inc.:

JOHN B. ROSENQUEST, IV, ESQ.

13

MORGAN, LEWIS & BOCKIUS, LLP

200 South Biscayne Boulevard

14 5300 Wachovia Financial Center

Miami, Florida 33131-2339

15

305.415.3423

16

 

On behalf of Patricia Arango:

17

DALE L. FRIEDMAN, ESQ.

CONROY, SIMBERG, GANON, KREVANS, ABEL,

18 LURVEY, MORROW & SCHEFER, P.A.

3440 Hollywood Boulevard

19 2nd Floor

Hollywood, Florida 33021

20

954.961.1400

21

22

23

24

25

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

CORPORATE RESOLUTION

Beit Resolved thai the attached list of candidates are employee(s) of Marshall C. Watson. P.A, and are hereby appointed as assistant secretaries and vice presidents of MortgageElectronic Registration

Systems, Inc., and as such, are authorized to:

Assign the lien of any mortgage loan registered on theMERS© System that is shown to be

registered to Countrywide Financial Corporation, or its designee.

Release thelien of any mortgage loan registered onthe MERS® System that is shown to be

registered to Countrywide Financial Corporation or its designee.

I, William C. HuitmanT being the Corporate Secretary of Mortgage Electronic Registration Systems, Inc., hereby certify that the foregoing is a true copy of a Resolutionduly adopted by the Board of Directors of

said corporation effective as of the Jj^ day ofpch^J, 2007 which is in full force and effect on this

date and does not conflict with the Certificate of Incorporation or By-Laws of said corporation.

Secretary

Marshall C. Watsoi^ P.A.

Mortgage Electronic Registration Systems. Inc,

Certifying Officers

Caryn A. Graham, Esq.

Patricia A. Arango, Esq.

cm # 107030091, OR BK 43967

Page 636, Page

1 of

1,

Record*

11':49 AM, Bronard County Commission,

Deputy Clerk 1911

Prepared by:

Cinnamon

Lehto

Countrywide Financial

400

Countrywide Way

Siai Volley,

CA

93065

CFN

20070239184

OR BK 21737 PG 1353 RECORDED 05/16/2007 09:38:38

Pain Beach County, Florida Sharon R. Bock, CLERK & COMPTROLLER

Pg

1353;

(lpg)

LIMITED POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS. THAT Countrywide Home Loans, Inc., a corporation

„anized under thelaws oftheState of New York, ("Principal"), has made, constituted and appointed, and by

these, presents docs make, constitute and appoint, Carvn A. Graham. Esq. and Patricia A. Aranco. Esq. of the

sljyrbfficcs of Marshall C. Watson,P.A of Law Offices of Marshall C. Watson. P.A

as its attorney-in-fact

r'Ait^mey-in-Fact") to act with the followinglimitedpowers, to wit:

frfi

ExecuiidtiM behalf of Principal ofAssignments ofMortgage necessary to the commencement

foreclosure proceedings in the stale or

Florida

.

and conduct of

FTiR^HER, the Attorney-in-Fact is authorized to execute, acknowledge and deliver any instrument

under seal or otherwise, andto doall things necessary tocarry outthe intent hereof, hereby granting full power

and authority/tiract in and concerning the conduct of foreclosures and related proceedings as fully and

effectually as^-me^ijncipal may do if personally present, limited however, to the purpose for which this

authorization is cxecttled, and subject to the terms and conditions set forth herein and in accordance with the

standard ofcare ofefiduciary agent.

I further decJta^lhV'any act or thing lawfully done hereunder and within the powers herein stated shall

be binding on the rMrVjipaJ^prbvided however that such power shall be limited to the purposes stated in said

instrument(s).

X"/>

Third parties may re'ytl&on the representations ofthe Attorney-in-Fact and asto all matters relating to

any power granted to them her^dWand the powers granted hereunder shall continue for three years from the

dale of execution of this Appoikttpenfor until said Appointment is revoked in writing by Countrywide Home

Loans, Inc

whichever occurs first

.

Nothing contained in this bSiutpdvPowcr of Attorney shall be construed or interpreted to relieve the

from a proper accourifing-'pf their actions to Countrywide Home Loans, Inc and its successors

Attorney-in-Fact

and assigns, but persons dealing with thV#tt;orney-in-Fact shall be under no duty to see that this is done.

IN WITNESS WHEREOF, Countrywjde^Home Loans, Inc.hascausedthis documentto be executedby

its undersigned officer/authorized agcrrt^'hlFhas hereunto set his hand and seal this

ftyW

.2007.

Countrywide Home Loans, Inc.

[3

By: <^UVUUXbL. CMsrvW'-S

day nf

of

STATE OF California

COUNTY OF Ventura

I hereby certify that on this

|

j

day of fPori 1

2007, before me the undersigned officer,

personallyappearedJeannctte Grodskywhoacknowledged that he is the First Vice President of Countrywide

Home Loans, Inc. and that, as such officer, being authorized so to do, executed the foregoing Limited Power of Attorney in the capacity herein stated and for the purposes hereincontained, and acknowledged the same to be

the act and deed of the corporation named herein.

In Witness Whereof I have hereunto set my hand and officiri seal.

My Commission Expires: IPf 2*20I'D

LLMTTED POWER OF ATTORNEY—Pige

1 of I

JENNIFER R. GORDON^

i

CottM. 11697362

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After Recording Return To:

COUNTRYWIDE

HOME

MS

SV-7 9

DOCUMENT

LOANS,

INC.

PROCESSING

P.O.Box

10423

Van

Nuys,

CA

91410-0423

This document was prepared by:

VIRNA ROSADO

COUNTRYWIDE HOME LOANS, INC.

1600 SAWGRASS COR? PKKY, 130

SUNRISE

FL 33323

•[Space AboveThis Liue For Recording Dala]-

05-2429G

[Escrow/closing

#)

00011060155806005

|Doc

ID

i]

MORTGAGE

MIN1000157-00055S4388-7

DEFINITIONS

Words used in multiple sections of this documentare denned 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

with all Riders to this document.

(B) "Borrower" is

this document, which is dated

(B) "Borrower" is this document, which is dated a single man AUGUST 17, 2005 . together

a single man

AUGUST

17,

2005

. together

Borrower is the mortgagor under this Security Instrument.

(C) "MERS" is Mortgage Electronic Registration Systems. Inc.MERS isa separate corporation thatis acting

solely as a nomineeforLenderand Lender's successors and assigns. MERS is the mortgagee under tliis

Security Instrument. MERS is organizedand existing under the laws of Delaware,and has an address and

telephone number of P.O. 3ox 2026, Flint, MI 4S501-2026, tel. (S88) 679-MERS.

(D) "Lender" is

COUNTRYWIDE

HOME

LOANS,

IMC.

Lender is

a CORPORATION

organized and existing under the laws of NEW YORK

Lender's address is

4500 Park Granada, Calabasas, CA 91302-1613

(E) "Note" means the promissory note signed by Borrower and dated

Note slates that Borrower owes Lender

TWO HUNDRED FIFTY SIX THOUSAND and 00/100

AUGUST

17,

20C5

. Tne

Dollars(U.S.S 256,000.00

) plus interest. Borrower has promised to pay this debt in regular

Periodic Payments and to pay the debt in full not later than

SEPTEMBER

01,

2035

.

(F) "Property" means the property thatis described below undertheheading "Transfer of Rights in the

Property."

FLORIDA-Slnglo Famlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS

<^> -6A(FL) (0005)

CONV7VA

2

3

9

9

1

, fa ac

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Pagei oM1

VMPMORTGAGEFORMS•(800)521-7291

,nillal

DOC

ID

#:

00011060155808005

(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges

due underthe Note, and all sums due underthis SecurityInstrument, plus interest.

(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following

Riders

are to be executed by Borrower [check box as applicable]:

Z3 Adjustable Rate Rider

ZH Balloon Rider

ZH

VA Rider

Z3 Condominium Rider

iD Planned Unit Development Rider

d

Biweekly Payment Rider

ID Second Home Rider

Z]

1-4 Family Rider

HI Other(s) [specify)

(I) "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-appealablejudicial opinions.

(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that areimposed on Borrower or the Property by a condominium association, homeowners association

or similar organization.

(K) "Electronic Funds Transfer" means any transfer of funds, otherthan 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, transfersinitiated by telephone, wire transfers, andautomatedclearinghouse transfers.

(L) "Escrow Items" means those items that are described in Section 3.

(M) "MiscellaneousProceeds" meansany compensation, settlement, award of damages, or proceeds paidby any thirdparry (other than insurance proceeds paidunderthe coverages described in Section5) for: (i) damage

to, or destruction of, the Property; (ii) condemnation or other takingof all or any partof the Property; (iii)

conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or

condition of the Property.

(N) "Mortgage Insurance" means insurance protecting Lenderagainst the nonpayment of, or default on, the

Loan.

(O) "Periodic Payment" means the regularly scheduledamount due for (i) principal and interest under the

Note, plus (ii) any amounts under Section 3 of this Security Instrument.

(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its

implementing regulation, RegulationX (24 C.F.R.Part3500),as they mightbe amended from time to time, or

any additional or successor legislation or regulation that governs the same subject matter. As used in this

Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"

under RESPA.

(Q) "Successor in Interest of Borrower" meansany party thathastakentitleto the Property, whetheror not

that party has assumed Borrower'sobligationsunder the Note and/orthis 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 (h) 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

MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns

of MERS, the followingdescribedproperty located in the

COUNTY [Type of Recording Jurisdiction]

SEE

EXHIBIT

"A"

<S3> -6A(FL) (0005)

ATTACHED

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HERETO

of

Page 2 ot 11

BROWARD [Nameof Recording Jurisdiction]

:

Initials:

/» Form 3010 1/01

ParcelID Number: 199350502420

Florida 33327-2256

[Zip Code]

2487

CORDOBA

BND,

[Street/City]

("PropertyAddress"):

DOC

ID

#:

00011060155808005

which currently has the address of

WESTON

TOGETHERWITH all the improvements now or hereafter erected on the property, and all easements,

appurtenances, and fixtures now orhereafter a part of the property. All replacements and additions shall also

be coveredby this Security Instrument All of the foregoing is referred to in this Security Instrument as the

"Property." Borrower understands and agrees thatMERS holds only legal title to the interests granted by

Borrower in this SecurityInstrument but, if necessary to comply with law or custom,MERS (as nominee for Lender and Lender's successors and assigns) hasthe right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender

including, but not limited to, releasingand cancelingthis Security Instrument BORROWER COVENANTS that Borroweris 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,subjectto 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. Borrowerand Lender covenantand agreeas follows:

1. Paymentof Principal, Interest,EscrowItems,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 receivedby Lender as payment under the Note or this Security Instrument is returnedto 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'scheck, 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.

Paymentsaredeemed receivedby Lender when receivedat the location designated in the Note or at such other location as may be designatedby Lenderin accordance with the notice provisionsin 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 hereunderor prejudice to its rightsto refuse such payment or partial payments in the future, but Lenderis not obligatedto apply such paymentsat the time such paymentsareaccepted.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

againstLender shall relieve Borrowerfrom making paymentsdueunderthe Note and this Security Instrument

or performing the covenants and agreements securedby this Security Instrument

2. Application of Payments or Proceeds. Except as otherwisedescribed in this Section 2, all payments

accepted and appliedby Lender shallbe applied in the following order of priority: (a) interestdue 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 chargedue, the payment may be applied to the delinquent payment and the late charge. If more than one PeriodicPayment is outstanding, Lender may apply any payment received from

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

Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be

applied first to any prepayment chargesand then as describedin the Note.

<SE> -6A(FL) (0005)

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Page 3 of 11

Initials:

Form 3010 1/01

DOC

ID

#:

00011060155808005

Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the

Note shall not extend or postpone the due date, orchangethe amount,of the PeriodicPayments.

3. Funds for Escrow Items. Borrowershall pay to Lender on the day PeriodicPayments are due under

the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for (a)

taxes and assessments and other items which can attain priority over this Security Instrument as a lien or

encumbrance on the Property; (b) leasehold payments or ground rentson the Property, if any; (c) premiums

for any and all insurancerequiredby Lender under Section 5; and (d) MortgageInsurancepremiums, if any, or

any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in

accordance with the provisionsof Section 10.These items arecalled"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 paidunder 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,andin such amounts,thatarethen required underthis Section 3.

Lender may, at any time, collect and hold Fundsin 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 areinsured 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 Esaow Items no later than the time specified under

RESPA. Lender shall not chargeBorrowerforholdingandapplyingthe Funds,annuallyanalyzingthe escrow account or verifying the Escrow Items, unless Lender pays Borrower intereston 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 shallnot be requiredto pay Borrower any interest or earnings

on the Funds. Borrower and Lender can agreein writing, however, that interest shall be

paid on the Funds.

Lender shall give to Borrower, without charge,an annualaccountingof the Funds as required by RESPA.

If thereis a surplusof Funds held in escrow,as definedunderRESPA, Lendershallaccountto Borrower for the excess funds in accordance with RESPA. If thereis 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 paymentin full of all sums secured by this Security Instrument Lendershallpromptlyrefund to

Borrower any Funds held by Lender.

4. Charges; Liens. Borrower shall payall taxes, assessments, charges, fines, andimpositions attributable

to the Property which can attain priorityover this Security Instrument, leaseholdpayments or ground rents on

the Property, if any, and Community AssociationDues,Fees,andAssessments,if any.To the extent that these items areEscrowItems, Borrowershall pay them in the mannerprovided in Section3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless

Borrower, (a) agrees in writing to the payment of the obligationsecuredby the lien in a manner acceptable to Lender, but only so long as Borrower is performingsuch agreement; (b) contests the lien in good faith by, or

defends againstenforcementof the lien in, legalproceedings which in Lender's opinion operate to prevent the

enforcement of the lien

while those proceedings are pending, but only until such proceedings are concluded;

or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this

Security Instrument If Lender determines that any partof the Property is subject to a lien which can attain priorityover this Security Instrument Lendermay give Borrower a noticeidentifying the lien. Within 10 days

of the date on whichthatnoticeis given, Borrower shall satisfy thelienortakeoneormoreof/tlje^actions set

forth above in this Section 4.

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Lendermay 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. Borrowershall keep the improvementsnow existing or hereaftererectedon 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 maintainedin the amounts (including deductible levels) and for the periods that Lender

requires. What Lender requires pursuant to the preceding sentences can change during the termof the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to

disapprove Borrower's choice, which right shall notbeexercised unreasonably. Lender mayrequire Borrower

to pay, in connection with this Loan, either: (a) a one-time charge for flood zonedetermination, 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 optionandBorrower's expense. Lender is underno obligation to purchase any particular

type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect

Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or

liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that

Borrower couldhaveobtained. Any amounts disbursed by Lender under thisSection 5 shallbecomeadditional

debt of Borrowersecuredby this SecurityInstrument. These amounts shall bearinterestat the Note ratefrom

the date of disbursement and shall be payable, with such interest upon notice from Lender to Borrower

requesting payment

All insurancepoliciesrequired by Lenderand renewals of such policiesshallbe subject to Lender'sright

to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee

and/oras an additional loss payee.Lendershallhave the rightto holdthe policies and renewal certificates.

Lender requires,Borrowershall promptly give to Lenderall receipts of paid premiumsand renewalnotices. 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/oras an additionalloss payee.

In the event of loss, Borrower shall give prompt noticeto the insurance carrier and Lender. Lendermay make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in

writing, any insurance proceeds, whetheror 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.Duringsuch repair and restoration period, Lendershallhave the right to hold

such insurance proceedsuntil Lender has had an opportunity to inspect such Property to ensure the work has

been completed to Lender's satisfaction, provided thatsuchinspection shall be undertaken promptly. Lender may disburse proceeds forthe repairs andrestoration in a singlepayment 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, Lendershall not be required to pay Borrower any interest or earnings on

such proceeds. Fees for public adjusters, or otherthird parties, retained by Borrower shallnot 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 proceedsshall 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 shallbe applied in the orderprovided forin Section2.

If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters.If Borrowerdoes 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 herebyassigns to Lender (a) Borrower's rights to any insurance proceeds in an amount

not to exceed the amountsunpaidunderthe Note or this Security Instrument and(b) any otherof Borrower's

rights (other thantherighttoany refundof unearned premiums paid by Borrower) underallinsurance policies

covering the Property, insofar as such rights are applicable to the coverage of the Property. Lendermay use

theinsurance proceeds either to repair orrestore theProperty orto pay amounts unpaid under the Noteorthis

If

Security Instrument, whether or not then due.

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6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence

within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as

Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall notbeunreasonably withheld, orunless 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, allowthe Property to deteriorate or commit wasteon the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent

theProperty from deteriorating ordecreasing in value due toitscondition. Unless it is determined pursuant to

Section 5 thatrepair orrestoration is noteconomically feasible, Borrower shall promptly repair theProperty 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 Lenderhas released proceeds for such purposes. Lendermay 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,

Borroweris not relieved of Borrower's obligation forthe completion of suchrepairor 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

Borrowernotice at the time of or priorto such an interior inspection specifyingsuch reasonable cause.

8. Borrower's Loan Application. Borrowershallbe in defaultif, duringthe 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

Lenderwith 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 agreementscontained 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 appropriateto protect Lender's interest in the Propertyand rights under this Security Instrument

including protecting and/or assessing the value of the Property, and securing and/or repairing the Property.

Lender'sactionscan include, but arenot 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, enteringthe 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 actionsauthorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shallbecome additionaldebt of Borrower secured

by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement

and shallbe payable,with such interest,uponnotice fromLenderto Borrowerrequestingpayment. If this Security Instrumentis on a leasehold, Borrowershallcomply with all the provisionsof the lease.

If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender

agreesto the merger in writing.

provide

10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the MortgageInsurance 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 to the Mortgage Insurance previouslyin effect at a cost substantiallyequivalent to the

cost to Borrowerof the Mortgage Insurance previouslyin effect, from an alternate mortgageinsurerselected

by Lender. If substantially equivalent Mortgage Insurancecoverage is not available, Borrower shall continue to pay to Lender the amount of the separatelydesignated payments that were due when the insurance coverage

ceased to be in effect Lender will accept use and retain these paymentsas a non-refundable loss reserve in

lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan

is ultimately paid in full, and Lender shall not be required to pay Borrowerany interest or earnings on such

loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the

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amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes

available, is obtained,andLenderrequiresseparately designated paymentstoward the premiums forMortgage

Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was

required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower

shall pay the premiums required to maintain Mortgage Insurancein effect or to provide a non-refundable loss

reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement

between Borrower and Lender providing for such termination or until termination is requiredby Applicable

Law. Nothing in this Section 10 affects Borrower's obligationto pay interestat the rate provided in the Note.

Mortgage Insurance reimburses Lender (or any entity that purchases die Note) for certain losses it may

incur if Borrower does not repay the Loan as agreed.Borroweris not a parryto the Mortgage Insurance.

Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter

into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on

terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any sourceof funds

that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums).

As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any

other entity, or any affiliate of any of the foregoing, may receive (directly or indirecdy) amounts that derive

from (or might be characterizedas) a portionof Borrower'spayments for MortgageInsurance, 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"captivereinsurance." Further:

(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage

Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will

owe for Mortgage Insurance, and they will not entitle Borrower to any refund.

(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby

assigned to and shall be paid to Lender.

If the Propertyis damaged, such Miscellaneous Proceeds shallbe appliedto restoration or repairof the

Property, if therestoration orrepair is economically feasible and Lender's security is notlessened. During such

repair andrestoration period. Lender shall havetheright toholdsuch Miscellaneous Proceeds untilLender has

hadanopportunity to inspect such Property to ensure thework has been completed to Lender's satisfaction,

provided thatsuchinspection shall be undertaken promptly. Lender may pay for therepairs andrestoration in a singledisbursement or in a series of progress payments as the workis completed. Unless an agreement is

madein writingor Applicable Law requires interest to be paid on suchMiscellaneous Proceeds, Lendershall

notbe required to pay Borrower any interest orearnings onsuch Miscellaneous Proceeds. If therestoration or

repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall

be applied to thesums secured by this Security Instrument whether ornotthen due, with theexcess, if any,

paid toBorrower. Such Miscellaneous Proceeds shall beapplied intheorder provided for in Section 2.

In the eventof a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to thesumssecured by this Security Instrument whether ornot thendue, with the excess, if

any, paid to Borrower.

In theeventof a partial taking, destruction, orloss invalue of dieProperty in which thefair market value

of the Property immediately before the partial taking, destruction, orlossin value is equal to or greater than

theamount of the sums secured by thisSecurity Instrument immediately before the partial taking,

destruction,

or loss in value, unless Borrower andLender otherwise agree in writing, the sums secured by this Security

Instrument shall bereduced by theamount of the Miscellaneous Proceeds multiplied by thefollowing fraction:

(a) the total amount of the sums secured immediately before the partial taking, destruction, or lossin value

divided by (b) the fair market value of theProperty immediately before thepartial taking, destruction, orloss

in value. Any balance shall be paid to Borrower.

Intheevent of apartial taking, destruction, orloss invalue oftheProperty in which thefair market value

of theProperty immediately

before thepartial taking, destruction, orloss 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

Security Instrument whether or not the sums are then due.

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to the sums secured by this

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If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thatthe 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 repair 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 hasa rightof 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'sjudgment couldresultin forfeiture of the Property or othermaterial impairment of Lender's interest

in the Propertyor rights under this Security Instrument Borrower can curesuch a default and, if acceleration

has occurred, reinstate as providedin Section 19,by causing the action or proceeding to be dismissedwith a

ruling that

interest in the 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 arenot 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 securedby this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operateto 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 reasonof any demand made by the originalBorrower or any

Successors in Interest of Borrower. Any forbearance by Lender in exercisingany 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, shallnot be a waiver of or precludethe exercise of any

right or remedy.

13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who

co-signs this Security Instrumentbut does not execute the Note (a "co-signer"): (a) is co-signingthis Security

Instrument only to mortgage, grant andconvey the co-signer's interest in the Property underthe termsof this

Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument;

and

(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any

accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's

consent.

Subject to the provisionsof Section 18, any Successor in Interest of Borrowerwho assumes Borrower's obligationsunder this SecurityInstrumentin writing,andis approved by Lender,shallobtainall of Borrower's

rightsandbenefitsunderthisSecurityInstrumentBorrower shall notbe released from Borrower's obligations andliabilityunderthis Security Instrument unless Lender agrees to suchrelease in writing. The covenants and

agreementsof this Security Instrumentshallbind (except as providedin Section 20) andbenefit the successors

and assigns of Lender.

in Lender'sjudgment precludes forfeiture

of the Property or othermaterial impairmentof Lender's

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 andvaluation fees. In

regard to anyother fees, the absence of express authority in thisSecurity Instrument to charge a specificfee to Borrower shallnot be construed as a prohibition on the charging of such fee. Lendermay not charge fees that

areexpressly prohibitedby this Security Instrument or by ApplicableLaw.

If the Loan is subjectto a law which setsmaximumloan charges, andthatlaw 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) anysuch loan charge shall be reduced by theamount necessary to reduce thecharge

to the permitted limit;and(b) anysumsalready collected from Borrower whichexceeded permitted limits will

be refunded to Borrower. Lender may choose to makethis refund by reducing the principal owed under the

Note or by making a directpaymentto Borrower. If arefundreduces 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 waiverof anyrightof action Borrower mighthavearising out of suchovercharge.

15. Notices. All notices given by Borrower or Lender in connection withthis Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have

been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice

address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless

Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless

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Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify

Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of

address, then Borrower shallonly report a change of address through thatspecified procedure. There may be

only one designated noticeaddress under this Security Instrument atanyonetime.Any notice to Lender shall

be givenby delivering it orby mailing it by first class mailto Lender's address stated herein unless Lender has

designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall notbe deemed to havebeen given to Lender until actually received by Lender. If anynotice required by this Security Instrument is also required under Applicable Law, theApplicable Law requirement will satisfy

the corresponding requirementunderthis SecurityInstrument.

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 mightexplicitiy or implicitly allow the parties to agree by contract or it mightbe silent but

such silence shall not be construed as a prohibition against agreement by contract In the event that any

provision or clause of this Security Instrument or theNoteconflicts withApplicable 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 orwords of the feminine gender; (b)words in thesingular shall mean andinclude the plural andvice versa; and (c) the word "may" gives sole discretion without any obligation to take any

action.

17. Borrower's Copy. Borrower shallbe givenonecopy of theNote andof this SecurityInstrument

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 theProperty, including, butnot 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 ata future dateto a purchaser.

If allorany part of the Property oranyInterest in theProperty is soldortransferred (orif 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 optionshallnotbe exercised by Lenderif suchexercise is prohibited by ApplicableLaw.

If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall

provide a period of not less than 30 days from the date the notice is given in accordance with Section 15

within which Borrowermust pay all sums securedby this SecurityInstrument 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 powerof sale containedin this Security

Instrument; (b) such other period as Applicable Law might specify forthe termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower:

(a) pays Lenderall sums 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, andotherfees incurred for the purpose of protecting Lender's interest

in the Property and rightsunder this Security Instrument; and (d) takes such actionas 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 shallcontinueunchanged. Lender

may require thatBorrower paysuchreinstatement sumsandexpenses in oneormoreof the following forms,

as selected by Lender (a)cash; (b) moneyorder; (c) certified check, bankcheck,treasurer's checkor cashier's check, provided any suchcheckis drawn uponan institution whosedeposits are insured by a federal agency,

instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effectiveas if no acceleration had occurred.

However, this rightto reinstate shallnot applyin the caseof acceleration underSection18.

20. Sale of Note; Change of Loan Servicer; Noticeof Grievance. The Note or a partial interest in the

canbe sold oneor moretimeswithout prior notice to Borrower.

A sale might resultin a change in the entity (known as the "Loan Servicer") that collects Periodic Payments

Note (together with this Security Instrument)

due under the Note and this Security Instrumentand performsother mortgageloan servicing obligations under

the Note, this SecurityInstrument and Applicable Law.Therealsomightbe one ormorechanges 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 andaddress of thenew LoanServicer^tiie address to

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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 actionspursuant to this Security

Instrument or that allegesthat the otherpartyhas breached any provision of, or any duty owed by reason of, this SecurityInstrument until such Borrower or Lenderhasnotifiedthe otherparty(with suchnotice given in

compliancewith the requirements

reasonable period afterthe giving of suchnoticeto take corrective action. If Applicable Law provides a time

period which must elapse beforecertain action canbe taken, thattime period willbe deemedto be reasonable

for purposes of this paragraph. The noticeof acceleration and opportunity to curegiven to Borrower pursuant

to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to

satisfythenoticeandopportunity to takecorrective action provisions of thisSection 20.

21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances"arethose 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 lawsandlawsof thejurisdiction where the Property is located thatrelate

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 thatcan cause,contribute to, orotherwisetrigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,or threatento release any Hazardous Substances, on or in the Property. Borrowershallnot do, nor allow anyone else to do, anythingaffecting the Property (a) thatis in violationof 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 adverselyaffects the value of the Property. The precedingtwo 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 consumerproducts).

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 HazardousSubstance or Environmental Law of which Borrowerhas 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) any 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 remediationof any Hazardous Substance

affecting the Propertyis necessary, Borrowershall promptlytakeall necessary remedial actionsin accordance

with Environmental Law. Nothing herein shall create anyobligation onLenderforanEnvironmental Cleanup.

of Section 15)of such alleged breach and afforded the otherpartyheretoa

NON-UNIFORM COVENANTS. Borrower and Lender furthercovenant and agreeas 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

accelerationunder 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

noticeis given to Borrower, by whichthe defaultmust be cured; and (d) that failure to curethe 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 defaultor any other defense of Borrowerto acceleration

and foreclosure. If the default is not cured on or before the date specified in the notice, Lender at its

optionmay require immediate payment in full of allsumssecured by thisSecurity Instrument without

further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be

entitled to collectall expensesincurred in pursuing the remedies providedin this Section22, 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

chargingof the fee is permittedunderApplicableLaw.

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24. Attorneys* Fees. As used in this SecurityInstrument and the Note,attorneys'fees shall include those

awarded by an appellate courtandanyattorneys' feesincurred 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 contractor tort at lawor in equity, arisingoutof or in any way

related to this Security Instrument or the Note.

BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this

SecurityInstrumentand in any Rider executedby Borrowerandrecordedwith it.

Signed, sealed and deliveredin the presenceof

De'ora Papale

sealed and deliveredin the presenceof De'ora Papale J~ ABsottSajfrtai%gssi _(Seal) -Borrower (Address) _(Seal)

J~

ABsottSajfrtai%gssi

_(Seal)

-Borrower

(Address)

_(Seal)

-Borrower

(Address)

(Seal)

•Borrower

(Address)

STATE OFFLORIDA,

The foregoing instrument wasacknowledged before me this

The foregoing instrument wasacknowledged before me this BROWARD August 17-, who is personallyknownto me or who

BROWARD

August 17-,

who is personallyknownto me or who has produced

a

drivers license

lary public

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County ss:

2005

by

as identification.

Form 3010

1/01

^

Prepared by:

Mark Olivers, Esquire

Record &Return to: Law Office of Marshall C. Watson

QPCORD AND

KCOUrvt/

RETURN TO

fo,

ttaaoBBta^

'

1800NW49* Street, Suite 120

Fort'Lauderdale. Florida 33309

Telephone:

Facsimile:

(954)453-0365

(954)771-6052

ASSIGNMENT OF MORTGAGE

KNOW ALL MEN B Y THESE PRESENTS:

iNSTR 9 1083878S7

OR BK 45963 Pages 1433 -1433

RECORDED 02/05/09 1215-41

KHnvS ^°UNTYCOMMISSION

DEPUTY CLERK 3075 #16.1 Fages

THATMORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INCORPORATED. AS A NOMINEE FOR

COUNTRYWIDE HOME LOANS. INC. residing or located at 1595 SPRING HILL RD. *3 10. VIENNA, VA

221S2 herein designated as the assignor, for and in consideration of the sum of SI.00 Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer

and set over unto COUNTRYWIDE HOME LOANS SERVICING LP residingor locatedat: c/o Countrywide

Home Loan

executedby

1444 encum

locatedat: c/o Countrywide Home Loan executedby 1444 encum ATE DRIVE, PLAN'G, TX 75024 herein designated as

ATE DRIVE, PLAN'G, TX 75024 herein designated as the assignee, the mortgage

ecorded October 31, 2005 in Broward County,Floridaat Book 40S03and Page

ore particularly described as follows: £jJ Mdt^T?)$-&& fZ-Cf~tti^J^r4^-(^^-

together with the note and each and every other obligation described in said mortgage and the money due and to

become due

thereon

TO HAVE AND TO HOLD the same unto the said assignee, its successors and assigns forever, but without recourse

on the undersigned, effective as of

.

In Witness Whereof the said Assignor has hereunto set his hand and seal orcaMse^rfiese presents to be signed by its

proper corporate officers anditscorporate sealto behereto affixed this

DECEMBER

,2008

I

iC,

dayof

MORTGAGE ELECTRONIC REGISTRATION

SYSTEMS, INCORPORATED, AS A NOMINEE FOR

COUNTRYWIDE HOME LOANS, INC.

Signed in the present

WITNE

Print N

STATE OF

FLORIDA

COUNTY OF

BROWARD

ATTEST:

PATRICIA ARANGO

ASSISTANT SECRETARY

PERSONALLVaPPEARED BEFORF.ME. the undersigned authority Ir.and for the aforesaid county and state, on this

the

/ S<

dayof DECEMBER

,2008whhin my jurisdiction, the within named who

acknowledged io methat(s)heis PATRICIA ARANGO. ASSISTANT SECRETARY andthatforandon behalf

of Mortgage Electronic Registration Systems, Incorporated, As A Nominee For Countrywide Home Loans, Inc.

and as its act and deed (s)hc executed the above and foregoing instrument, after first having been duly authorized by Mortgage Electronic Registration Systems. Incorporated, As A Nominee For Countrywide Home Loans, Inc. to

do SO.

WITNESS my hand and official seal in the County and State last aforesaid this

DECEMBER

0S-O9I56

"

,2008

:

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0183

MERS

Process loans, not paperwork.5"

August 27, 2009

VIA FACSIMILE: (866) 507-9888

Ariane Ice

Ice Legal,P.A. 1975 Sansburys Way, Suite 115

West Palm Beach, FL 33411

Re:

Mortgage Electronic Registration Systems, Inc. ("MERS") Responses to

Request

for Production in Countrywide Home Loans Servicing, LP v.

et al, 17th Judicial Circuit, Broward County, Florida, Case No.

17th Judicial Circuit, Broward County, Florida, Case No. CACE 09 001184 Dear Ariane, 0045/099 This letter
17th Judicial Circuit, Broward County, Florida, Case No. CACE 09 001184 Dear Ariane, 0045/099 This letter

CACE 09 001184

Dear Ariane,

0045/099

This letter relates to the subpoena served upon MERS in the above-styled case ("Subpoena"). The Subpoena called for the production of documents by MERS to the

Plaintiff. Note that MERS objects to the Subpoena on the grounds and to the extent that it seeks documents and information (1) not reasonably calculated to lead to the

discovery of admissible evidence; (2) protected from disclosure by the attorney/client

privilege, work product doctrine, joint defense privilege, and/or any other applicable

privileges or reasons for non-disclosure; (3) that constitute protected commercial,

financial, and/or trade secret information of MERS or third parties; and (4) that is

obtainable from some other source that is more convenient, less burdensome, and less

expensive.

Note that MERS also objects on the grounds and to the extent that the

Subpoena requests for production are overly broad, unduly burdensome, and intended

to harass and oppress MERS. Nothing herein shall be construed as an admission by

MERS as to relevancy or admissibility at trial of any information that MERS may

provide in response to theSubpoena.

1818 Library Street, Suite 300 • Reston, VA 20190 • 800-646-MERS (6377) • www.merslnc.org

--.„v

!•«*.

(u:

/40

Ulti3

MERS

MBRS Responses to Responses to Request for Production in CottiUn/toide Home Loans Servicing, LPik

Circuit, Broward County, Florida. CaseNo.CAf!E fW flfil T«4

Page2

Broward County, Florida. CaseNo.CAf!E fW flfil T«4 Page2 l al„ 17thJudicial 146/099 Subject to the objections

l al„ 17thJudicial

146/099

Subject to the objections above, and without waiving same, we enclose the

following documents from the MERS® System relating to Mortgage Identification

Number ("MIN") 1OOO157-0005584888-7 on behalf of MERS. Please note, these printouts

reflect only the tracking of transfers that occur outside of the MERS® System. Legal

interests do not electronically transfer on the MERS® System. For instance, if you see

"transfer of servicing rights" from one member to another, then that means two MERS

members entered into a purchase and sale agreement for those servicing rights. That

separate agreement is the evidence that a servicing rights transfer occurred.

Any

information noting a "transfer of beneficial ownership" means a MERS member

endorsed and delivered the promissory note. The promissory note endorsements are

the evidence of the transfer of beneficial interests, pursuant to the Uniform Commercial

Code.

Should you have any questions, please feel free to contact me. Thank you.

Sincerely,

Richard^Anderson

Counsel

Page 1 of 1

MIN SUMMARY

Summary

1000157-0005584888-7

2487 CORDOBA BND

WESTON. FL 33327

Reg Date

County

Primary Borrower

Poo! Number

Note Amount

Servicer

Custodian

Investor

Subservicer

Interim Funder

Originating Organization

Property Preservation Co.

Batch

Number

Transfer Type

_

No Pending Batches!

08/18/2005

Broward

Transfer Type _ No Pending Batches! 08/18/2005 Broward 5256,000.00 Active (Registered) MOM First Lien QR SSN

5256,000.00

Active (Registered)

MOM

First Lien

QR

SSN

Investor Loan Number

Note Date

1000157 - BAC HomeLoans Servicing, LP

N/A

1000130-Fannie Mae

N/A

N/A

N/A

N/A

Status

Pending Batches

Transfer Date

08/17/2005

Sale Date

MIN Audit for 1000157-0005584888-7

(1-4)

Date

08/19/2005

Update

08/19/2005

Update

08/19/2005

Update

08/19/2005

Update

Agency number

Field Name

Investor loan number

Investor pooi number

Investor Org ID

Action

Before Value

1000157

After Value

1000130

Page 1 of 1

 

•3

c

Updated By Usei* Name

 

Org ID

Batch User ID

1000001

Batch User ID

1000001

Batch User ID

1000001

Batch User ID

1000001

 

g

MIN Transfer Audit for 1000157-0005584888-7

d-3)

Date

Field Name

Action

Batch Nbr

08/19/2005

Transfer success indicator

Update

2614356

08/19/2005

Transfer status

Update

26)4356

08/19/2005

Add

2614356

Before Value

Transfer Pending

After Value

Yes

Transfer Complete

Updated By User Name

Org ID

Batch User ID

1000001

Batch User ID

1000001

Batch User ID

1000130

Page 1 of 1

8

Page

(Registered)ActiveStatus:MIN

MaeFannie1000130Investor:New

LPServicing,LoansHomeBAC1000157Investor:Old

2614356Number:Batch

08/18/2005Date:Transfer

(Registered)ActiveStatus:MIN

LPServicing,LoansHomeBAC1000157Servicer:

InformationMilestone

Batch

LPServicing,LoansHomeBAC100015708/18/2005

IDUserBatch

MaeFannielOJ&LSQ08/19/2005

User/Organization

InitiatingDate

ration

1Option-

cription

Beneficialer

1000157-0005584888-7forESTONES

MERS® Servicer Identification System - Results

MERS

ServicerlD /

www.mers-servic&rid.org

1 record matched your search:

MIN:

1000157-0005584888-7

Note Date:

Servicer:

Investor:

BAC Home Loans Servicing, LP

Simi Valley, CA

Fannie Mae

Washington, DC

Return to Search

08/17/2005

For more information about MERS please go to vvww.mersinc.org

Copyrights 2006 by MERSCORP, Inc.

MIN Status:

Active

Page

1 of 1

Phone:

(800) 669-6607

Phone:

(202) 752-7000

Prepared by:

Mark Olivers. Esquire

Record&Rctum to: LawOffice of MarshallC. Watson

• 1800 NW 49"' Street, Suite 120

Fon Lauderdale, Florida 33309

Telephone:

Facsimile:

(954)453-0365

(954)771-6052

ASSICNMFJtfT OF MORTCACE

KNOW ALL MEN BY THESE PRESENTS:

THAT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED,

AS A NOMINEE FOR

COUNTRYWIDE HOME LOANS. INC. residing or located at 1595 SPRING HILL RD. 113 10. VIENNA, VA

22182hercin designated as the assignor, for and in consideration ofthe sum of SI.00 Dollar and other good and

valuable consideration, the receipt ofwhich ishereby acknowledged, docs hereby grant, bargain, sell, assign, transfer

andsetover unto COUNTRYWIDE HOME LOANS SERVICING LP residing orlocated at: c/oCountrywide

Home Loan

executed by

ATE DRIVE. PLANO. TX 75024 herein designated as theassignee, the mortgage

recorded October 31.2005 inBroward County. Florida at Book 40803 and Page

31.2005 inBroward County. Florida at Book 40803 and Page 1444encumbetingthe property moreparticularlydescribed as

1444encumbetingthe property moreparticularlydescribed as follows:

SEE EXHIBIT "A"

together with the note and each and every other obligation described insaid mortgage and the money due and to

become due

thereon

TO HAVE ANDTOHOLDthesameuntothesaidassignee, itssuccessors andassigns forever, but without recourse

on the undersigned, effective as of

_•

InWitness WItcreof, the said Assignor has hereunto set his hand and seal orcai<se^<fiese presents lobesigned by its

proper corporate officers and its corporate seal to be hereto affixed this

/

fC

day of

DECEMBER

_,2008

MORTGAGE ELECTRONIC REGISTRATION

SYSTEMS. INCORPORATED. AS A NOMINEE FOR

COUNTRYWIDE HOME LOANS, INC.

Signed in the

WITNESS:

ATTEST:

patricTaarango

assistanv secretary

Print NahSe1jL^./}yO/a KtzJ

li^.t /Q

STATE OF

FLORIDA

COUNTY OF

BROWARD

PERSONALJ

the_

'APPEARED BEFORE ME,theundersigned authority inand for theaforesaid county andstate,onthis

day of DECEMBER

,2008within my jurisdiction, the within named who

acknowledged to me that

(s)he is PATRICIA ARANGO. ASSISTANT SECRETARY and that for and on behalf

of Mortgage Electronic Registration Systems, Incorporated, AsANominee ForCountrywide Home Loans,

andas itsact anddeed(s)he executed theaboveand foregoing instrument, afterfirst having beendulyauthorized

Mortgage ElectronicRegistrationSystems,Incorporated,AsA Nominee For CountrywideHome Loans, Inc. to

do so.

Inc.

by

WITNESS my hand and official seal in the County and State last aforesaid this

DECEMBER

,2008

/

^)

day of

:

z MyComm.ex?sk :

• Apr.!23, £310 '

s

Z

NOTARY PUBLIC

|

DEFENDANT'S

EXHIBIT

=3—