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2929 Juniper Drive - Sours, Dennis - 05-08-2017 - $476.40 - SAT 4/17/2019 4/17/2019 3:56:19 PM Instrument#2019075700#1 Book:7682 Page:3840 Laura E. Roth,Volusia County Clerk of Court SATISFACTION OF CITY OF EDGEWATER UTILITIES LIEN DENNIS CHARLES SOURS KNOW ALL MEN BY THESE PRESENTS: That the City Council of the City of Edgewater, Florida, pursuant to the provisions of Chapter 19, Code of Ordinances, City of Edgewater, Florida, on May 8, 2017 filed a Lien against property owned by DENNIS CHARLES SOURS and described as: Lots 7719 TO 7721 Inc, Exc E 25 fi,Block 253, Florida Shores#8, MB 23,PG 13 per OR 5426, PG 1576 per OR 5465, PG 0306, per OR 6095, PG 3738 per OR 7422, PG 121 in the public records of Volusia County, Florida(Property location: 2929 Juniper Dr,Edgewater,FL),Parcel#8402-01-07-7190 (Location ID#5744) in the amount of FOUR HUNDRED SEVENTY-SIX and 40/100 dollars ($476.40) plus interest, filing fees, and any other costs incurred by the City; said Lien being recorded in Official Records Book 7395, Page 2140 of the Public Records of Volusia County, Florida. The City does hereby acknowledge full payment and satisfaction thereof and hereby consents that the same shall be discharged and satisfied of record. 1N WITNESS WHEREOF,the City of Edgewater, acting by and through its City Manager, has executed this instrument this 16th day of April, 2019. WITNESSES: CITY OF EDGEWATER,FLORIDA � By. Glenn A.Irby o—C (/ Interim City Manager Signed,scaled and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared GLENN A. IRBY, Interim City Manager for the City of Edgewater, who is duly authorized to execute this document on behalf of the City of Edgewater, Florida, and is personally known to me and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 16" day of April,2019. - (Seal/Stamp) Notary Public (Commission Expiration Date) State of Florida at Laije KELSEY D.ARCERI ;���6!�' ComnuuiooAGG 172667 `"�• `ErpiesAugustB,2621 `::':?x= mmariwrmrrewaeaeao-eestou (LimslUti IityLien-SATISFACTION—Soun#I—Apri12019) LIEN(S) SATISFIED F,am:Madison Robins Fax 1105175411 To:3gM42409®RCFA%.COM Fm:(38F)4241e19 Pete:2 W 2 01291201911:26 AM DO NOT EMAIL REQUEST FORMS FOR OFFICE 115E ONLY LIEN RESEARCH AND PAYOFF WORKSHEET / qtv W Edaewele -F De d M Payment \L P.O.Box 188 184 N.RilersMe l)x Updated EDGEWAI'ER Edgelarer,FL 32132-0100 (386)42F2400nxL1306 Fax(3136)4242409 COMPLETED _ A FEE OF$30.00 IS REQUIRED FOR ALL RESEARCH D.W. wvrr.,wedg9Platerom initials: ITEMS MARKED WITH AN*MUST BE COMPLETED PROPERTY INFORMATION PARCEL ID#(short): 640201077190 •CLOSING DATE: 4019 PROPERTY ADDRESS: 2929 JUNIPER DR,EDGEWATER,32141 •DATE REQUESTED: 3!29119 ' OWNERS NAME: US BANKTRUST NA TR LSFIO MASTER PARTICIPATION TRUST * FROM:(company) NETwDRNrRANBADTDNs soumoxs (name) MAD!ROBERTS 'phone# 813-750-1665 ' Select method to receive completed form: •mail address: LSn@WSPROS.COM Or 'Fax# 813-517$411 FINES AND LIENS Done not Include Utilities PER DAY FINEIOita6On INTEREST RECORDING FEE TOTAL 9P-Ur CF 90 9U CODE ENFORCEMENT: LOT CLEARING: NUISANCE ABATEMENT: ALARM LIEN: INTEREST GOOD THRU: FINES AND LIENS TOTALS: r a UTILITY SERVICE ACCOUNTNUMBER: -` �' Lt DEPOSIT: r LAST PAYMENT RECEIVED: I Z• UTILITIES DUE: (Includes Liensj 3I (151 SERVICE THRU: 3.( -VS INTEREST: 9G I Q 14. If Lf NEXT BILL DATE RECORDING FEES: 9M n UTILITY AND FEE TOTALS: Z 3,su"1, �^ INTEREST GOOD THRU: FINES, LIENS AND UTRJTY FEES GRAND TOTAL: PLEASE ALLOW ad BUSINESS OAYS FORYOUR REeUESTTO BE COMPLETED PLEASE RETAIN A COPY FOR YOUR RECORDS PLEASE NOTE ALL PAYMENTS TO SETTLE LIENS MUST BE SENT TO OUR OFFICE City of Edgewater,PO Box 100 Edgewater,FI 32132 overnight- 104 N.Rifirmide Dr.,Edgewater, FI 32132 ON-UNEIPHONE PAYMENTS CANNOT BE PROCESSED TO SATISFY LIENS 01 CAQ=IMr1 nnc a rnoV ng TUIe PArN W W WM RuauITTIMr oe VMFUT N City of Edgewater Oper. EOG EJCCUSTOMER RECEIPTTO: Date: 4/10/19 01 ReceipjCno0rax57031 Customer Location Name Amount 8519 5744 ESTATE DENNIS C SOUR EDGEWATER,FL IPER 032141 UTILITY PAYMENT Remaining balance: 93316.85 INTEREST EARNINGS $28.88 9M100 9164.84 vn ui RECORDING FEES 7.00 968.00 8402-01-07-7190 Z929 JUNIPER ON NETWORK TRANSACTION SCLUTIONS Tender detail CN CHECK 73427 93549.69 Total tendered 93549.69 Total payment 93549.69 Trans date: 4/10719 Time: 14:02:12 xxx THANK YOU FOR YOUR PAYMENT ax MMN.CITYDFEDGENATER.ORG 05/08/2017 03:09 PM Instrument# 2017-091082 # 1 THIS INSTRUMENT PREPARED BY Book : 7395 AND SHOULD BE RETURNED TO: Page : 2 1 40 Laura E. Roth Robin Matusick,City Clerk/Paralegal Volusia a County, CITY OF EDGEWATER Clerk of Court 104 North Riverside Drive Edgewater,FL 32132-0100 UTILITIES LIEN CITY OF EDGEWATER DENNIS CHARLES SOURS Pursuant to the provisions of Chapter 19 (Section 19-6), Code of Ordinances, City of Edgewater, Florida, the City of Edgewater (the "City") furnished utilities services to the following described real property located in Volusia County, Florida: LOTS 7719 TO 7721 INC EXC E 25 FT BLK 253 FLA SHRS UNIT 8 MB 23 PG 132 PER OR 3105 PG 0836 PER OR 5426 PG 1576 PER OR 5465 PG 0306 PER OR 6095 PG 3738 in the public records of Volusia County, Florida(Property location: 2929 JUNIPER DR, Edgewater, FL), Parcel #8402-01-07-7190 (Location ID#5744). The record owner is DENNIS CHARLES SOURS, 2929 JUNIPER DR, EDGEWATER, FL. The City hereby claims a lien in the amount of FOUR HUNDRED SEVENTY SIX and 40/100 dollars ($476.40), plus interest in the amount of seven percent 7%) per annum from the date the utility bill was rendered, filing fees, and any other costs incurred by the City. WITNESSES: CITY OF EDGEWATER,FLORIDA 4,4r1)Z___ (.0), b�r— acey T. Barlow r 7City Manager 0 • .44 .-La- Dated: Q aS <aD1 ? Signed,sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared TRACEY T.BARLOW,CITY MANAGER for the City of Edgewater, who is duly authorized to execute this document on behalf of the City of Edgewater, Florida, and is personally known to me and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforementioned this 28th day of April, 2017. (Seal/Stamp) . (Commission Expiration Date) Notary Public State of Florida ?" w.MATUEICK f (4, 'ti Com$ulon t EE 883206 LiensfUtilityLien-SOURS-2929 JUNIPER DR-APRIL-2017 Expires!Ay 1,2017 .,;, soma TAN Troy Fs%Mow 1100.885.7019 ©Apr 27.2017 11.02:55 AF EDT . _ 1 o I File Edit Commands Help ��t �} ORMOAND'?UBUC SECTOR 41 ,,�l S ^ r3 Nevitinc �/ Account 3519-5744 .•'4 ���} ..1 AtC0Uni5 reteh2ble ► Customer Information C f Customer Alerts SOURS, `� ri Consumption Customer name: SODENNIS C Confidential: No _ wnLv.4TER Billing address: 2929 JUNIPER CR I Cash only: No EDCEIIATEl, FL 32141-5T_ 7 IDB account: ®Crecdnistorrdata Delivery point: Special code: II Deposits PI-one number: (386) 402-4354 Cl Special notes: Yes 4,;;;�._-. _ ,_ Qstomer status: ACTIVE NSF count: ,. �- SalsPsurlty: __ Reinstate owner: No 41 ..r Print ! catl U Cancel Customer Account Information Service Summary r0 0, Current balance: 569.83 m Service address: 2929 JUNIPER DR EDGE-iA'EF•I V OK Deferred amount: 0.03 Initiation date: 12/23/2004 Aesunt cue: 569.83 Account status: ACTIVE -*X Ext Pending: 0.00 Orstomer type: On CV ER Cl. Delinquent amount: 506.43 Service Rats Coup Status Meter Next customer Last notice: ____— __ wwaa.= ;:l Cutoff Cutoff tate: 4/20/17RC =N/R/I ACTIVE Select Casio... C•rcle/route: 01 /11 111 ,1 fl a 11 It E 101 Next location —12.nri m-a<nu,s.a.nrbrr:-- — --- - -- Select ovation Tru Tip.? Tipe Tm Date I Desciphon Bill Date E.ie Date Amoura 1 Runc.n Balance I RF Ad 3: Env Dellnquent 3/14.i17 3C.C) 569.83 1r 3 _ _ 34/17 63.43 539.83 Cusmocluncu.. = - -- '. :4 - 2.17 476 Consumpnon_. 51 = . r. .'.7 - : _._ ®® --- .. - - - 63.43 ;-:'s.- Service orders 2n Sd 375.:: Consumption., _ -- _ _ _ 374 i --- _ .. _- 344.63 Customer ma. 2- 27-.=.6 E-notnication... :.-.-_ :: : :n : .: _ _.._. - --- - - i _t - Miscellameou... 2] c _ 2 _ _ - - _ 5_, Fill: - Jump setup ---- ©Apr 27,2017 11:0302 AM EDT ____' gall • File Edit Commands Help gMgARLYPURI C SEC'OR Mavitine .✓' �}' �! ''i✓ 23 Location 000035744 !4 Address Information -) Parcel Information s Address dtange hlstof /--- v< AdGessrrascellanecLJ Adcress 2529 JIRlIPER DR �. � Parcel "Umber ^8402.01-C7-7190 it Address related Dame; City, state, zip: EDGEivATER FL 32141 Parcel status: Active la a H story Address relate 'c Adcress type: Naim Parcel Address user defined Effective date: Applicator amity Location status. Active ✓Liens ( Last change user: KLA 6t Parcel'niscellaneousl Last charge date: 1/11/2007 ®Parcel related parties 4:1 History Parcel related Zoning Information y) Current Owner 6%1 Parcel user defined co Zoring: S:ND_E FAMILY RESIDENTIAL j Name: SOLFS DENNIS CHARLES ®Property description ; Plat book page: 5465/0306 Address: 2929 JINIPER DF? (II valualicns Unciv:ded interest%: .30lr EDGEWATER F_32141 Lorgitude/latitude: .000000 Mac X/Y coordinates: Prcperty code: 01 1.+.1 Cl i i• Lien number Open date Close date Lien amount Lien type '• • • tAW Print Cancel )l Exit �,Refresh • Print location ---- ------------- ----...---.. • • it Volusia County Property Appraiser's Office: Parcel Information Page 1 of 3 J Volusia County Volusia County Property Appraiser Larry Bartlett, J.D. FLORIDA Home I Search i Downloads Exemptions Agriculture Maps I Tangible Links Contact 1 Home Search Choices Search By Locaton Address Property Information Parcel Information:8402-01-07-7190 2017 Working Tax Roll Last Updated:04-22-2017 Owner Name and Address Alternate Key 3933885 Parcel Status Active Parcel(Real Estate) Short Parcel ID 8402-01-07-7190 Mill Group 604 Edgewater Full Parcel ID 02-18-34-01-07-7190 2016 Final Mill Rate 23.85230 Created Date 06 JAN 1982 Property Class 01 Single Family Ownership Type Estate Ownership Percent 100 Owner Name SOURS DENNIS CHARLES Owner Name/Address 1 Owner Address 2 2929 JUNIPER DR Owner Address 3 EDGEWATER FL Owner Zip/Postal Code 32141 Situs Address 2929 JUNIPER DR EDGEWATER 32141 Legal Description LOTS 7719 TO 7721 INC EXC E 25 FT BLK 253 FLA SHRS UNIT 8 MB 23 PG 132 PER OR 3105 PG 0836 PER OR 5426 PG 1576 PER OR 5465 PG 0306 PER OR 6095 PG 3738 Sales History Book Page Sale Sale Qualified Improved Sale Date Instrument Unqualified Price 5465 0306 12'2004 Warranty Deed Qualified Sale Yes 167,500 5426 1576 10/2004 Personal Rep. Qualified Sale Yes 135.000 3105 0836 03/1988 Warranty Deed Qualified Sale Yes 70.000 2843 1243 07/1986 Warranty Deed Unqualified Sale No 100 2422 0274 01/1983 Warranty Deed Unqualified Sale No 2.000 2422 0276 02/1982 Warranty Deed Unqualified Sale No 100 History of Values Year Land Bldg(s) Misc. Just School Non-School School School Non-School Non-School lmpr. Value Assessed Assessed Exemption Taxable Exemption Taxable 2016 19,000 89,323 12,408 120.731 76,223 76,223 76,223 0 0 0 2015 17,000 83,181 12,238 112.419 75,693 75,693 75,693 0 0 0 Display Value History Land Data Code Land Use Frontage Depth No. Unit Rate Depth Loc Shp Phy Just Type Units Type Value 0101 IMP PVD THRU.49 AC 80.0 125.0 80.00 FRONT FEET 140.00 100 100 100 100 11,200 0101 IMP PVD THRU.49 AC 40.0 125.0 40.00 FRONT FEET 140.00 100 100 100 100 5,600 Neighborhood 6796 FLORIDA SHRS NO 1 MB 23 PG 57 Total Land Classified 0 Total Land Just 16,800 Building Characteristics Building Number:136418 (Building 1 of 1) Bldg. Improvement Base Year Quality Phys. Func. Loc. Next No. Type Perimeter Built Grade Architecture Depr. Obs. Obs. Review 136418 Single Family 188 1987 300 22% 0% 0% 2999 Roof Type GABLE Floors Carpet Bedrooms 2 4 Fixture Bath 1 Roof Cover ASPHALT SHINGL Wall Type Drywall X Fixture Bath 1 5 Fixture Bath 0 Heat Type1 Forced Ducted Heat Source! Electricity 2 Fixture Bath 0 6 Fixture Bath 0 Heat Type2 Heat Source2 3 Fixture Bath 1 7 Fixture Bath 0 Foundation Concrete Slab Year Remodeled Fireplaces 1 A/C Yes Section Area Type Exterior Wall Type Number Year Attic Bsmt Bsmt Floor Number Stories Built Finish Area Finish Area 001 Res BASE Area(BAS) C B STUCCO 1.0 1987 N 0% 0% 1255 Sq.Feet 002 Finished Enclosed Porch(FEP) Non-Applicable 1.0 1988 N 0% 0% 182 Sq.Feet 003 Porch,Open Finished(FOP) Non-Applicable 1.0 1987 N 0% 0% 45 Sq.Feet 004 Finished Garage(FGR) Non-Applicable 1.0 1987 N 0% 0% 420 Sq.Feet http://www.vcpa.vcgov.org/cgi-bin/search.cgi 4/27/2017 Volusia County Property Appraiser's Office: Parcel Information Page 2 of 3 13' 6' 17' 11' m • m 8' 8' 13' 24' • ® 35' ixss 21' 12' 2rca 0 ax 5' rcr 9' 21' 1'5' 15' Miscellaneous Improvements Improvement Type Number of Units Unit Type Life Year In Grade Length Width Depr.Value RSH SHED RES 99 SF 20 1988 3 11 9 169 RSP RES SWIM POOL 450 SF 30 1988 3 0 0 11 781 SER SCREEN ENC RES 984 SF 30 1988 3 0 0 1 139 PTO PATIO/CONCSLAB 534 SF 30 1988 3 0 0 439 Parcel Notes(Click button below to display Parcel Notes) Planning and Building Permit Permit Date Date Construction Occupancy Occupancy Number Amount Issued Complete Description Number Bldg A-0095 12,000 05-01-1988 03-01-1989 ADD-RSP EJSiDL 0 A-0429 1,100 09-01-1988 03-01-1989 ADD-SHD EJSIDL 0 Total Values Land Value 16.800 New Construction Value 0 Building Value 97.843 City Econ Dev/Historic 0 Miscellaneous 13.528 Just Value 128.171 Previous Just Value 120 731 School Assessed 77.824 Previous School Assessed 75 223 Non-School Assessed 77,824 Previous Non-School Assessed 76.223 Exemption Value 77,824 Previous Exemption Value 76.223 Additional Exemption Value 0 Previous Additional Exemption Value 0 School Taxable 0 Previous School Taxable 0 Non-School Taxable 0 Previous Non-School Taxable 0 MapIT I PALMS I Map Kiosk MapIT:Yodr basic parcel reccro search ind,.c ug lot climensons. ✓✓�'-� PALMS:Basic parcel recon searches wet'enhancer features. Click Here Map Kiosk:More advanced too's lot custom sea ties on several layers nclui nq parte s. fbrTax Bill Info ♦yam Y http://www.vcpa.vcgov.org/cgi-birl.1search.cgi 4/27/2017 12/29/2004 10:00 AM Doc stamps 469.30 Intangible Tax 268.00 WHEN RECORDED MAIL TO: Instrument* 2004-327928 Book: 5465 Prepared by: Page : 307 1 OPTION CNE MORTGAGE CORPORATION P.O. BOX 57096 IIRVINE, CA 92619-7096 ATTN: RECORDS MANAGEMENT Loan Number:371C23179 Servicing Number: t - 014- 57 0 5 [Space Above This Iioe For Recording Dataj MORTGAGE THIS MORTGAGE("Security Instrument")is given on December 23, 2004 .The mortgagor is DENNIS C SOURS, UNMARRIED whose address is 2929 JUNIPER DR , EDGEWATER, FL 32141-5711 ('Borrower"). This Security Instrument is given to Option One Mortgage Corporation, a California Corporation • which is organized and existing under the laws of CALIFORNIA , and whose address is 3 Ada, Irvine, CA 92618 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED THIRTY POUR THOUSAND .AND NO/100THs Dollars(U.S.$134,000.00 ). This debt is evidenced by Borrower's note dated the sante date as this Security Instrument("Note"),which provides for monthly payments, with the full debt,if not paid earlier, due and payable on January 01, 2035 This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications of the Note; (b)the payment of all other sums, with interest,advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 Volusia •• County,Florida: 8402-C1-07-7190 LOTS 7719. 7720 AND 7721, EXCEPTING THE EASTERLY 25 FEET THEREOF, BLOCK 253, FLORIDA SHORES UNIT NO. 8 (REVISED), ACCORDING TO THE PLAT THEREOF, RECORDED IN MAP BOOK 23, PAGE 132, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. which has the address of 2929 JUNIPER DR, EDGEWATER [Street,car], Florida 32141-5711 ('Property Address"); [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." 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. FLORIDA-Single Family Page 1 of% FLD 10011(05110100) Book : 5465 Page: 308 Loan Number:371023179 Servicing Number:- Date:12/23/04 COVENANTS. Borrower and Lender covenant and agree as follows: I.Paymrnt of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2.Funds for Taxes and Insurance.Subject to applicable law or to a written waiver by Lender,Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full,a sum ("Funds") for: (a)yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property,if any;(c)yearly hazard or property insurance premiums;(d) yearly flood insurance premiums,if any;(e)yearly mortgage insurance premiums,if any;and(f)any sutra payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums.These items are called"Escrow Items."Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended front time to time, 12 U.S.C. §2601 et seq. ("RESPA"),unless another law that applies to the Funds sets a lesser amount. If so,Lender may,at any time,collect and hold Funds in an amount not to exceed the lesser amount.Lender may 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 such an institution)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, • unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid,Lender shall cot be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may 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,showing credits and debits to the Funds and the purpose for which each • debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If,under paragraph 21, Lender shalt acquire or sell the Property,Lender, prior to the acquisition or sale of the Property,shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3.Application of Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 and 2 shall be applied:first,to any prepayment charges due under the Note;second,to amounts payable under paragraph 2; third,to interest due; fourth,to principal due;and last,to any late charges due under the Note. 4.Charges; Liens.Borrower shall pay all taxes,assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents, if any.Borrower shall pay these obligations in the manner provided in paragraph 2,or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly,Borrower shall promptly furnish to Lender receipts evidencing the payments. 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:(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;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 part of the Property is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within l0 days of the giving of notice. Page 2 of 8 FLD 10012(D5/10/00) Book : 5465 Page : 309 Loan Number:371023179 Servicing Number:nalimaillam Date:12/23/04 5.Hazard or Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on die Property insured against loss by fire, hazards included within the tenn 'extended coverage*and any other hazards, including floods or flooding,for which Lender requires insurance.This insurance shall be maintained in die amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.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,or applicable Law otherwise requires,insurance proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and then,at Lender's option,in such order and proportion as Lender may determine in its sole and absolute discretion,and regardless of any impairment of security or lack thereof:(i)to the sums secured by this Security Instrument,whether or not then due,and to such components thereof as Lender may determine in its sole and absolute discretion; and/or (ii) to Borrower to pay the costs and expenses of necessary repairs or restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the • • Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,Lender may collect the insurance proceeds.Lender may,in its sole and absolute discretion,and regardless of any impairment of security or lack thereof,use the proceeds to repair or restore the Property or to pay the sums secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the suns secured by this Security Instrument immediately prior to the acquisition. If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Property and such insurance is not specifically required by Lender, then such insurance shall(i)name Lender as loss payee thereunder,and(ii)be subject to the provisions of this paragraph 5. 6.Occupancy,Preservation,Maintenance and Protection of the Property;Borrowers Loan Application; Leaseholds. Borrower acknowledges that the Lender does not desire to make a loan to Borrower secured by this property on the terms contained in the Note unless the property is to be occupied by Borrower as Borrower's primary/secondary residence.Lender makes non-owner residence loans of different terms.Borrower promises and • assures Lender that Borrower intends to occupy this property as Borrower's primary/secondary residence and that Borrower will so occupy this property as its sole primary/secondary residence within sixty(60)days after the date of the Security Instrument. If Borrower breaches this promise to occupy the property as Borrower's primary/secondary residence, then Lender may invoke any of the following remedies,in addition to the remedies provided in the Security Instrument;(1)Declare all sums secured by the Security Instrument due and payable and foreclose the Security Instrument,(2)Decrease the term of the loan and adjust the monthly payments under the Note accordingly,increase the interest rate and adjust the monthly payments under the Note accordingly,or(3)require that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then being offered on non-owner occupied loans. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property.Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest.Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower' s interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest.Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence.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. Page 3 of 8 FLD10013(0S/t0/00) Book : 5465 Page : 310 • Loan Number:371023179 Servicing Number:- Date:12/23/04 Borrower shall,at Borrower's own expense,appear in and defend any action or proceeding purporting to affect the Property or any portion thereof or Borrower's title thereto,the validity or priority of the lien created by this Security Instrument,or the rights or powers of Lender with respect to this Security Instrument or the Property. All causes of action of Borrower,whether accrued before or after the date of this Security Instrument,for damage or injury to the Property or any part thereof,or in connection with any transaction financed in whole or in part by • the proceeds of the Noce or any other note secured by this Security Instrument,by Lender,or in connection with or affecting the Property or any part thereof,including causes of action arising in tort or contract and causes of action for fraud or concealment of a material fact, are, at Lender's option,assigned to Lender, and the proceeds thereof shall be paid directly to Lender who, after deducting therefrom all its expenses, including reasonable attorneys'fees,may apply such proceeds to the sums secured by this Security Instrument or to any deficiency under this Security Instrument or may release any monies so received by it or any part thereof, as Lender may elect. Lender may,at its option,appear in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof. Borrower agrees to execute such further assignments and any other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Lender shall request. 7.Protection of Lender's Rights in the Property.If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any suns secured by a lien which has priority • over this Security Instrument,appearing in court,paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument.Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest front the date of disbursement at the Note rate in effect from time to time and shall be payable, with interest,upon notice from Lender to Borrower requesting payment. 8.Mortgage Insurance.If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender willaccept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage(in the amount and for the period that Lender requires)provided • by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. Lender may apply,use or release the condemnation proceeds in the same manner as provided in paragraph 5 hereof with respect to insurance proceeds. If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the condemnor offers to make an award or 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 proceeds,at its option,either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11.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 any successor in interest of Borrower shall not operate to release die liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to Page 4 of 8 PLD 10014(OM 0/00) Book : 5465 Page : 311 Loan Number:371023179 Servicing Number: Date:12/23/04 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability;Co-signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions of paragraph 17.Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note:(a)is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges.If the loan secured by this Security Instrument 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 braking a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Nodus.Any notice to Borrower provided for in this Security Instrument shall be given by delivering • it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15.Governing Law;Severability.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument 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.To this end the provisions of this Security Instrument.and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period.Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18.Borrower's Right to Reinstate.If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a) 5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all suns 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 CO,reasonable attorneys'fees; and(d) takes such action as Lender may reasonably require to assure that the lieu of this Security Instrument. Lender's rights iu the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. Page 5 of 8 FLD 10015(05.'10/00) Book : 5465 Page: 312 Loan Number:371023179 Servicing Number: Date:12/23/04 19.Sale of Note;Change of Loan Servicer.The Note or a partial interest in the Note(together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument.There also may 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 in accordance with paragraph 14 above and applicable law.The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. The holder of the Note and this Security Instrument shall be deemed to be the Lender hereunder. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Enviror.mental Law. 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 recog:uzed to be appropriate to normal resider.tial uses and to maintenance of the Property. • Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, 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. Borrower shall be solely responsible for,shall indemnify,defend and hold harmless Lender, its directors, 1 officers, employees,attorneys,agents, and their respective successors and assigns, from and against any and all claims,demands,causes of action,loss,damage,cost(including actual attorneys' fees and court costs and costs of any required or r.ecessary repair,cleanup or detoxification of the Property and the preparation and implementation of any closure,abatement,containment,remedial or other required plan),expenses and liability directly or indirectly arising out of or attributable to(a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Substances on,under or about the Property,(b)the transport to or from the Property of any Hazardous Substances, (c)the violation of any Hazardous Substances law, and(d)any Hazardous Substances claims. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances 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.As used in this paragraph 20, "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows: 21.Acceleration;Remedies.If any installment under die Note or notes secured hereby is not paid when due,or if Borrower should be in default under any provision of this Security Instrument,or if Borrower is in default under any other mortgage or other instrument secured by the Property,all sums secured by this Security Instrument and accrued interest thereon shall at once become due and payable at tlx:option of Lender without prior notice, 1 except as otherwise required by applicable law,and regardless of any prior forbearance.In such event,Lender,at its option,and subject to applicable law,may then or thereafter invoke the power of sale and/or any other remedies or take any other actions permitted by applicable law. Lender will collect all expenses incurred in pursuing the remedies described in this Paragraph 21,including,but not limited to,reasonable attorneys'fees and costs of title evidence. 22. Release.Upon payment of all sums secured by this Security Instrument, Lender shall release this property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs.Lender may charge such person or persons a fee for releasing the Property for services rendered if the charging of the fee is permitted under applicable law. 23.Attorneys'Fees.As used in this Security Instrument and the Note, "attorneys' fees"shall include any attorneys' fees awarded by an appellate court. 24.Misrepresentation and Nondisclosure.Borrower has made certain written representations and disclosures in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures, and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact, Lender,at its option and without prior notice or demand, shall have the right to declare the indebtedness secured by this Security Lstrument,irrespective of the maturity date specified in the Note or notes secured by this Security Instrument,immediately due and payable. 25.Time is of the Essence. Time is of the essence in the performance of each provision of this Security Instrument. Page 6 oft FLb10016(05;10;00) Book : 5465 Page: 373 • Loan.Number:371023179 Servicing Number;111111111111111.1 Date:12/23/04 26.Waiver of Statute of Limitations.The pleading of the statute of limitations as a defense to enforcement of this Security Instrument,or any and all obligations referred to herein or secured hereby,is hereby waived to the fullest extent permitted by applicable law. 27.Modification.This Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lender. 28. Reimbursement. To the extent permitted by applicable law, Borrower shall reimburse Trustee and Lender for any and all costs,fees and expenses which either may incur,expend or sustain in the execution of the trust created hereunder or in the performance of any act required or permitted hereunder or by law or in equity or • otherwise arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument, To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in connection with Trustee and Lender including,but not limited to assumption application fees; fees for payoff demands and,statements of loan balance; fees for making, transmitting and transporting copies of loan documents, verifications, full or partial lien releases and other documents requested by borrower or necessary for performance of Lender's rights or duties under this Security Instrument;fees arising from a returned or dishonored check; fees to determine whether the Property is occupied, protected, maintained or insured or related purposes; appraisal fees, inspection fees, legal fees, broker fees, insurance mid-term substitutions,repair expenses,foreclosure fees and costs arising from foreclosure of the Property and protection of the security for this Security instrument; and all other fees and costs of a similar nature not otherwise prohibited by law. Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument.To the extent permitted by applicable law,Borrower shall pay to Lender their fees in connection with Lender providing documents or services arising out of or in connection with this Security Instrument,the Note,any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. 29.Qerical Error.In the event Lender at any time discovers that the Note,any other note secured by this Security Instrument,the Security Instrument,or any other document or instrument executed in connection with the 1 Security Instrument, Note or notes contains an error that was caused by a clerical mistake, calculation error, computer malfunction,printing error or similar error,Borrower agrees,upon notice from Lender,to reexecute any documents that are necessary to correct any such error(s). Borrower further agrees that Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any such error. 30.Lost Stolen,Destroyed or Mutilated Security Instrument and Other Documents.In the event of the loss, theft or destruction of the Note,any other note secured by this Security Instrument,the Security Instrument or any other documents or instruments executed in connection with the Security Instrument, Note or notes(collectively, • the"Loan Documents"),upon Borrower's receipt of an indemnification executed in favor of Borrower by Lender, or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content identical to,and to serve as a replacement of, the lost.stolen,destroyed,or mutilated Loan document,and such replacement shall have the same force and effect as the lost,stolen,destroyed,or mutilated Loan Documents,and may be treated for all purposes as the original copy of such Loan Document. 31.Assignment of Rents.As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property. Borrower shall have the right to collect and retain the rents of the Property as they become due and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured by this Security instrument and Borrower has not abandoned the Property. 32. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] • 0 Adjustable Rare Rider ❑Condominium Rider ❑1-4 Family Rider ❑Manufactured Home Rider 0 Planned Unit Development Rider ❑Occupancy Rider ❑Other(s)(specify) Page 7 of 8 FL>:10017 C05:18:00) Book: 5465 Page: 314 • • Loan Number:3'71023179 Servicing Number: Date:12/23/04 BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrumer in any rider(s) a cuted by Borrower and recorded with it. Signed,.e• ed and delivered in a presence of: I � /' (See) i' !;.._..., iY Witness -Borrower . I Y (Seel) DEB- L.DRAG.)NE Witness -Borrower / . -' (Seal) (Seat) •=1N_ -Borrower -Borrower (Sea) (Seal) -Borrower -Borrower STATE OF FLORIDA,County ss: The foregoing instrument was acknowledged before me tF's`/3RD DAY OF DECEMBER, 2004 by DENNIS C SOURS, UNMARRIED who is personally known to me or who has produced D' RS LICENSEas identification. �- 3+ Notary Public CYNTHIA A. MERCHANT t1►- Merchant hang 2008 • ,• EXpae ed ,r ul +�pw niarsicBo^3"lgCo.. tnc. • Page S ora FLDl0018(05/10/00) • Book : 5465 Page : 315 Loan Number: 371023179 Servicing Number: Ifiessilim Date: 12/23/04 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made December 23, 2004 , 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 Option One Mortgage Corporation, a California Corporation (the "Lender") of the same date and covering the Property described in the Security Instrument and located • at: 2929 JUNIPER DR, EDGEWATER, FL 32141-5711 • (Property Address] The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities,as described in COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration"). The Property is a part of a planned unit development known as FLORIDA SHORES (Name of Planned Unit Development! (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association")and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the: (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and(iii)any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Hazard Insurance. So long as the Owners Association maintains,with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts,for the periods,and against the hazards Lender requires,including fire and hazards included within the term "extended coverage," then: (i) Lender waives the provision in Covenant 2 for the monthly payment to Lender of the yearly premium installments for hazard insurance on the Property;and (ii) Borrower's obligation under Covenant 5 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage provided by the master or blanket policy. In the event of a distributionof hazard insurance proceeds in lieu of restoration or repair following a loss to the Property,or to common areas and facilities of the PUD,any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security instrument, with any excess 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. MULTISTATE PUD RIDER-Single Family-FNMA/II fC UNIFORM INSTRUMENT-Form 3150 09/90 Page 1 of 2 USRIOII1.wp(11-19-04) • 1 Book : 5465 Page : 316 I ' Loan Number: 311023119 Servicing Number: Date: 12/23/04 D. Condemnation. The proceeds of any award or claim for damages, direct or consequential,payable to Borrower in connection with any condemnation or other taking of all or any part of the property or the common areas and facilities of the PUD, or for any conveyance in Iieu of condemnation, shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 10. a 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: (i) the abandonment or termination of the PUD, 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; (ii) 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 PUD dues and assessments when due, then Lender, if allowed by applicable law, 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 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 PUD Rider. • 9-�"r' " (Seal) _ (Seal) DENINI S C SOURS -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower MULTISTATE PUt)RIDER-Single Family-Fannie MaelFrcddie Mac UNIFORM INSTRUMENT Page 2 of 2 L'SRI0112.wp(11-19-04) Book : 5465 Page : 317 Loan Number: 371023179 Servicing Number: Date: 12/23/04 ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) • THIS ADJUSTABLE RATE RIDER is made December 23, 2004 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 Adjustable Rate Note(the "Note") to • Option One Mortgage Corporation, a California Corporation (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 2929 JUNIPER DR, EDGEWATER, FL 32141-5711 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST ' RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: The Note provides for an initial interest rate of 8.9501i . The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE ANT) MONTHLY PAYMENT CHANGES • (A) Change Dates The interest rate I will pay may change on the first day of January 01 2007 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Change Before each Change Date, the Note Holder will calculate my new interest rate by adding SEVEN AND 20/100 percentage point(s) ( 7.200$ ) to the Current Index. The Note Holder will then round the result of this addition to the next higher one-eighth of one percentage point(0.125%).Subject to the limits stated in Section 4(D)below, this rounded amount will MULTISTATE ADJUSTABLE RATE RIDER-LIBOR INDEX-single Family Page I of 3 USRI0021(02-23-99) Book : 5465 Page _ 318 Loan Number: 371023179 Servicing Number: Date: 12/23/04 be my new interest rate until the next Change Date. • The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.950% or less than 8.950% .Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than one percentage point(1.0%)from the rate of interest I have been paying for the preceding six months. In no event will my interest rate be greater than 14.950% or less than 8.950% (13)Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F)Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of die date of this Security Instrument. Lender also shall '• not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and • this Security instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTISTATE ADJUSTABLE ELATE RIDER-LIBOR INDEX-Single ream* Page 2 of 3 USRI0022(02-23-99) Book : 5465 Page : 319 Diane N. Matausek Volusia County, Clerk of Court Loan Number: 371023179 Servicing Number: 001500085-4 Date: 12/23/04 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (?k (Seal) (Seal) DENNIS C SOURS (Seal) (Seal) (Seal) (Seat) • MULTISTATE ADJUSTABLE RATE RIDER-LIBOR INDEX-Single Family Page 3 of 3 USRI0023(02-23-99)