Pygmy wgoQ la>70 elk>(IN THE CIRCUIT COURT FOR VOLVSIA COUNTY,

FLORIDA, CIVIL DIVISION

CASE NO.

BANK OF AMERICA, N.A.;

PIaintig

'IRB FIDELITY 4QID TRUST COMPANY, LLC AS'IRUS'I%8 UNDER LAND TRVST NO 000077 Dh'ISDFEBRUARY 13WI2 WITH FOLL POWER ANDAUTHORITY TO PROTgel; CONSERVE 88LL ORLEASE ENCUMBER OR OGIERWISE MANAGEAND D1SPOSB OP SAID PROPERTY PURSUANTTO FLORIDA STATUTE 689.074; UNKNONNTSNAÃf No. I; UNKNOWN THMANT NO. 2; andALL UNKNOWN PARTIBS CLAIMNO INTBREASSY, THROU~ UNDER OR AGAINST A NAMEDD8$%NDANT TO THKS ACTION, OR HAVING ORCmlMING TO HAVE ANY RIGHT, TITLE ORINTSRBST IN THE PROPERTY HHRRINDESCIUBBD,

Defendants.

The Plaintiff SANK OP AMERICA, NA„sees tba Defendants, THE FIDBLITY

LAND TRUST COMPANY~ LLC AS TRVSTSB UNDER LAND TRUST NO 0000W DATED

FEBRUARY l3POl2'WITH HKL POWER AND AUTHORITY IO PROIRCI;. GONBVB SBLL

OR LEASE ENCUMBER OR OTI994%ISB MANAGE AND QISPOSB OF SAID PROPERTY

PURSUANT TO FLORIDA STATUm 689.074; VNKNOWNIXNAN T NO. I; UM'KNOWN

TENANT No. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH,

UNDER OR AGAINST A NAMED DEIZIÃDANT TO THIS ACTION, OR HAVING OR

CLAIMING TO HAVE A' NY RIGHT, TlTLE OR IÃIKtSST IN THE PROPBRTY MRElN

DSSCRlBBD; and alleges:

90

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1 •

whibh claims are within the srrbjact nratter jurisdiction of this Court,

2. g@l g L This is en ection that involves parties end property heated within tha vNNe of

this Court end venue is otherwise proper pursuant tochapter 41, Florida Strrtutas.

3 $'jgKgg'. A)l parties to this ection axe proper+ beiore this Cont, and this Court has

pcrsonaI jurisdiction aver the partlee. piairrtjff, its successors and assigns, js the hoMer of the mortgsea

and has the right to ewsrcisc any and all interests of the mortgage, hgluding but not limited to, tha right to

foreclose thcsubject property.

4. : Plaintiff is the servicing agent for the

owner of the note, PlaintiK as servicing agrrnt for the otrrner of the nota, is the ho'ider of tha note,and is

entitled to enforce thc instruments in accord}ance with F.S.A. $6'73.3011 and PlL R. Civ. pro, 1.210(a).

Based on the foregoing statute end rulc, the owrrcr of the note js not a accessary party to this. action,

: All corrditious precedent to tha filing of this action have

been met by PhjntiK

6 QgpW Defendant(s) ere hereby provided vrjth validation notice pursuant to.the Fair

Debt Collection Practices Act ("FDCPA") 15 U.S.CA,. 1692. If the Deiendrurt(s) request verification of

tha debt, pjaintj8'shell suspend its alforts to collect the debt nrrtil plaintiif mails the requested information

to the Dalurdant(s) taquestirrg the vcriiiceticn.

: This is sn ection to foreclose e mortgage on reel property

(hereinafter the "property" ) h Volusis County, Florida, mare particularly described ln the mortgage

attached hereto ss Ih4iblt "A".

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g.

ATAUALPA A, COTM executed «nd de5varad a prnmiasorynole (the "notch) and ATAUALPh A,

COTTA AND GLORIA J. COTTA executed and deHveted a mottgsge (the "znorlgag~,. which

secures payment of the note, to Mortgage Blecuoaic Registration Systetns, Inc., acting solel) as a

nommee for Sure&oint Lending abu Fhst ResMential NcNtgage Network, Ino, which alottgags was

reconied in Ofloial Records Bock Q46 Page 99$, of the public recotds of VolasiaCouaty, Florida. and

which mcatoged the property. 'Ibe ptoga'.tty was then owned by and in possession of the mortgagor.

9. : The note and mortgage were subsequcotly

transferred to Plaintiff as setvlcing agent Se the owner, it's successaau and assigns. PiehtifBs the

servicer of the loan and is. the holder of the note and tnortgagc.'Re owner of the note has authorised

Plaintiff to bring this action.

10 : The Defendant(s) The Fidelity Land 'Ihet Company,

LLC as Trustee under Land Trust Mo 000077 dated Februtuy 13pA02 with Full Power and Authority to

Protect, Conserve sell or Lease encumber or otherwise manage and dispose of saM property purauant to

Florida Statute 689.074, own(s) the properly.

• The note is due for the June l. 20l I payment and all

subsequent paytnenls, whiohhas tesulted in a default of the note and morlgage. Plaintiff declares the full

amount due under the note end tnottgage to be aocelarated.

'Ihe Plaintift'as Servke and holder is owed $1$g,63$.$7 that is due

sa principal on the note and mortgage, pius interest hn May l, 2011, costa, advances and eqenees as

provided h the note and ntottgsge.

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: PiairrtiKhss oblilrted itself to pay thuuuderalgucd attonurys a

rcssrouable fce for their services herein and is entitled to recover said ibcs pursuant to the terrntr of thc

note and mortgsic.'

14. Defendants. UHKHOVN TRMANT NO. 1 and UNKNO%8 VRNANF NO. 2,

fictitious names tuiuusenting beach In possessiou, may clahn some interest in the property that is the

subject of this Rauelosure action by vhtue ofbeing m actual possessirus of same, but any interest said

Denudant(s) niy oMm ln the subject property, if auy, is subject aud inferior to the lien of plaIntlff'e

nrortgagu.

1S, Defendants, ALL UNKNOWN PARTIBS CLAMINO INTERESTS SY, THROUGH,

WRR OR AGA948T A NAMBD DEFENDANT TO THIS ACTION, OR HAVING OR

CLAMINO'0) HAVE AHY RIGHT, 'HTM OR INTSUST IN THE PROPBRTY HEREIN.

DESCRIBED, msy be intcausted in the subject rnatter of this action as unlrnown spouseS, tenants, heirs,

dcvisecs, grantees, assignees, licnors, creditors, tnurtecs or other claimants by tluoutth, under or against a

known person who is deed or not knoutn to be dead or alive or by virtue of any interest in or clstirn to the

property which is the subject of this action or otherwise as the easemaybe. These interests, it any, ere

inkrJer to Nahrti8"s mortgage.

'Vi%81GFORB, Plemtigpruys as follower

a) That this Court will take jurisrnction of this cause, of the subject matter and the parties

hereto.

b) That this Court ascertain and detarrmue the sums of rnorly due and payable to the

Plaintiff from the Defendants.

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c) That the sum of money found to be due as sfawvaid be decreed by this Caught to be a ' .

lien upon the hnds dcscribal in Plaintiffs mortgage.

d) Tlwt such lien be foreclosed in accordance with tlM: rules and established practice of

this Court, and upon hilnre of the Defexdants to pay the amount of money found to be due by them to the

Plaintiff, the said laud be sold to satisfy caid Hen.

e) That this Court decree that the lien of the Halntia'is superior to any and all xight, title

or intnust of the Pendants herein cr a~ person or parties chiming by, through cn' under them since: the

institution of this suit.

f) That all right, title cr interest of the Defendants ot eny person Bairn' by, through or

unde' them be ~ berved and foreclosed.

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g) That Nis Court grant general reHef $n this cause as iu its discretion might be react aud

just including, but not linritcd to, a de8cicucy judgment against the obligor of the nose, to the ca<tent

permitted by applicable Bankruptcy and State law, iAb'e proceeds of the sale ae insu6icient to pay

P)aintiffs claim.

SMlTH, HlATT dh DKAZ„P,A.Attorneys for Firdnti5'PO BOX 1143gFort La le , PL 33339-1438Telep . (95 644011Facsi il ' ) 64-9252

abrieHe t ranssFlorida Sar No.: 0059563

SANK OP AMERICA. N,A.

SyWame:©~ )As the ~ »~~ + L C

For. Sank of America, NA.

Date: -LM

llN.P49N18hS

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FAIR DEBT COLLECTION PRACTICES ACT VALIDATION

Re: Cr editor: BANK QF Ah4KUCA, NA.Date.' June 29, 2012

PromissoryNote and Mortgage dated; April 16, 2009

Debt Owed; As of tha data of this verification, you owe $171,677.33. Because of Intereit, latecharges, attorneys' fees and other charges that inay vary Iron day to day, the amount due on theday you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be

necessary sSer we receive your checlr, in which event we will Inform you before depositing thecheck for collection. For father information, write the undersigned or caII collect (954)-564 0071,

'Ihis communication is Born a debt collector and. this is an attempt to collect a debt owed and anyinformation obtained will be used for that purpose.

Uuiessyou dispute this debt,oranypcrt}on of it, within thhty(30) days afteryoureceivethisnotice,the undersigned law firm will assume that said debt is valid.

If you notify tha undersignedattorney in writing within the said thstty (30) day period that theaforesaid debt, or any portion thereof, is disputed,the undersigned attrsmey will obtahr written verltication oftha debt and mail it to you,

If the above creditor is not your origirial creditor andyou submit arequast within the thirty (30) dayperiod for the name and address of the original creditor, we will supply such information to you,

Even though you are required to Ale a response to tha Lawsuit prior to the thirty (30) days, yourvalidation rights, as set forth in this notice, shall not expire for the thhty (30) days.

Ifyoudo dispute this debt in writing Inthethlrty(30) day period,wa will suspend coIIection urrtil wesand you veri6cation.

Smm, HIArr a D~ PA.Attorneys for PlaintIFPO BOX 11438Fort Lauderdale, FL 33339-1438Telephone: (954) 564-0071Facsimile: (954) 564-9252

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XXEiI81T "A"

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Df/19/2011 02:33 PHlnstrtjttentg 2011-118%1 8 1l 3uuk : 6 6 1 2Pa@s . 422 6Diane H. HatousekVolusia County, Clerk of Court

Recording Requested By:Bank of AmericaPrepared By: Kathy Oriard

When recorded mail to:CoreLogic450 E. Boundary St.Attn: Release Dept.Chapin, SC 29036

Property Address:

2936 Estill StDeltona, FL 32738-4227r10-AM l4678756 6O0/207 i This space for accorder's ose

MIN ¹: MERS Phone ¹: 888-679-6377

ASSIGNMENT OF MORTGAGEFor Value Received, the undersigned holder of a Mortgage (herein "Assignor" ) whose address is 3300 S,W. 34thAvenue, Suite 101 Ocala, FI, 34474 does hereby grant, sell, assign, transfer and convey unto BAC HOME LOANSSERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP whose address is 400 NATIONALWAY, SIMI VALLEY, CA 93065 all beneficial interest under that certain Mortgage described below together with thenote(s) and obligations therein described and the money due and to become due thereon with interest and all rightsaccrued or to accrue under said Mortgage.

Original Lender: SUREPOINT LENDING ABN FIRST RESIDENTIAL MORTGAGE NETWORK,INC.

Original Borrower(s): ATAUA LPA A COTTA AND GLORIA J COTTA, HUSBAND AND WIFEDate of Mortgage: 4/1 6/2009Original Loan Amount: $163 ,817.00

Recorded in Volusia County, FL on: 4/23/2009, book 6346, page 995 and instrument number 2009-072644

IN ITNESS WHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on- v i - g /

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

By:L uis d a n Alice Rowe

istant Secretary A ssistant Secretary

Witness: Chester Levings

State of CaliforniaCounty of Ventura

0 ~7- tt- r r s r , ~» r r » P» f a"7 yr r~p sr ,p rlyappeared Luis Roldan and Alice Rowe, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) k/are subscribed to the within instrument and acknowledged to me that heytshe/they executed thesame in bio/her/their authorized capacity(ies), and that by his/hur/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct.

WITNESS my hand and official seal.

Notary Public: (Seal)My Commission Expires: 9-1 i -ty

NAVIO PAKTANCommission y/1887714Notary Public - California

X 'Z Santa Clara County

My Comm. Expires Maf 11, 2013

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04/23/I'2009 01:48 PHOoc staips 573.65Intangible Tax 327.63Instruments[ 2009-072644 [I 1B C)uk= 6 B 4 6P age = 9 9 5

R urn To:Su t n n irs id tial M o rtgage Network, Inc.97 rm S tati R o Suit eL i s II , 0A tn.:This document was prepared by: Shen Recorded gaff To:Bryce MaloneFirst Residential Mortgage Network, Inc.

Real Estate Title SeNfo LL~9721 Ormsby Station Road, Suite 107

0721 Orrnsby Station Road, Suite 105

LOUISVILLE, KENTUCKY 40223 Louisvf lie, KY 40223t502) 315-1670

[Space Above This Line For Recording Data]

State of FloridaMORTGAGE FHA Case No.

094-5735333-703

MIN 1002756-0020101957-0MERS TEIL)PHONE: (888) 679-6377

b ~ 4 m t~ ~THIS MORTGAGE (" ecurity Instrument" ) is given on April 16, 2009. The Mortgagor is Ataualpa A

Cotta and Gloria 3 Cotta®vhose address is 2936 ESTILL ST, Deltona, FLORIDA 32738 (" Borrower" ). ThisSecurity Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee forLender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existingunder the laws of Delaware, and has an address and telephone number nf P.D. Box 2026, Flint, MI ~t et.(888) 679-MERS. SurePoint Lending abn First Residential Mortgage Network, Inc. (" Lender" ) is organized andexisting under the laws of the State of KENTUCKY, and has an address of 9721 Ormsby Station Road, Suite 107,Louisville, KENTUCKY 40223. Borrower owes Lender the principal sum of One Hundred Sixty Three ThousandEight Hundred Seventeen And 00/100 Dollars (U.S. $163,817.00), This debt is evidenced by Borrower's note datedthe same date as this Security Instrument (" Note" ), which provides for monthly payments, with the full debt, if notpaid earlier, due and payable on May 1, 2039. This Security Instrument secures to Lender: (a) the repayment of thedebt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the paymentof 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 thispurpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender'ssuccessors and assigns) and to the successors and assigns of MERS, the following described property located inVolusia County, Florida:

FHA Florida Mortgage with MERS — 4/96 Amended 2/Ol4N(FL) (0305).0 I Page I of 9

flfmertd Initials:Qg~~I

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Instruments 2009-072644 0 2B c)ak = 6 B4 6P age = 9 9 6

SEE EXHIBIT 'A' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

which has the address of 2936 ESTILL ST [street] Deltona [city], Florida 32738 [zip Code] (" Property Address" );

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. Al l replacements and additions shall also becovered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this SecurityInstrtment; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successorsand assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to forecloseand sell the Property; and to take any action required of Lender including, but not limited to, releasing or cancelingthis Security Instrument.

BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has theright to mortgage, grant and convey the Property and that the Property is unencumbered, except for encmnbrances ofrecord. 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 covenantswith limited variations by jurisdiction to constitute a uniform security instrument covering real property.

Borrower and I.ender covenant and agree as follows:

UNIFORM COVENANTS.

1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, andinterest on, the debt evidenced by the Note and late charges due under the Note.

2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthlypayment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes andspecial assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property,and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage

insurance premium to the Secretary of Housing and Urban Development (" Secretary" ), or in any year in which suchpremiuin would have been required if Lender still held the Security Instrument, each monthly payment shall alsoinclude either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) amonthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in areasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items arecalled "Escrow Items" and the sums paid to Lender are called "Escrow Funds."

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Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceedthe maximum amount that may be required for Borrower's escrow account under the Real Estate SettlementProcedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as theymay be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA forunanticipated disbursements or disbursements before the Borrower's payments are available in the account may not bebased on amounts due for the mortgage insurance premium.

If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lendershall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any

time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower tomake up the shortage as permitted by RESPA.

The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. IfBorrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balanceremaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender hasnot become obligated to pay to the Secretary, and I.ender shall promptly refund any excess funds to Borrower.Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall becredited with any balance remaining for all installments for items (a), (b), and (c).

3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by

the Secretary instead of the monthly mortgage insurance premium;Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other

hazard insurance premiums, as required;Third, to interest due under the Note;Fourth to amortization of the principal of the Note; andFifth, to late charges due under the Note.4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,

whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods thatLender requires. Borrower shall also insure all improvements on the Property, whether now in existence orsubsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried withcompanies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall includeloss payable clauses in favor of, and in a form acceptable to, Lender.

In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss ifnot made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to makepayment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insuranceproceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note andthis Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment ofprincipal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principalshall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change theamount of such payments. Any excess insurance proceeds over an amount required to pay all outstandingindebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.

In the event of foreclosure of this Security Instrument or other transfer of title to the Property thatextinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass tothe purchaser.

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5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan

Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residencewithin sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of theProperty) and shall continue to occupy the Property as Borrower's principal residence for at least one year after thedate of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unlessextenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of anyextenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Propertyor allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if theProperty is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preservesuch vacant or abandoned Property. 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 materialinformation) in connection with the loan evidenced by the Note, including, but not limited to, representations

concerningBorrower's occupancy of the Property as a principal residence. If this Security Instrument is on aleasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, theleasehold and fee title shall not be merged unless Lender agrees to the merger in writing.

6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connectionwith any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, arehereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaidunder the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtednessunder the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postponethe due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments,Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this SecurityInstrument shall be paid to the entity legally entitled thereto.

7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all

governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall paythese obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affectLender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receiptsevidencing these payments.

If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any

other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that maysignificantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforcelaws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property andLender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph2.

Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and besecured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate,and at the option of Lender, shall be immediately due and payable.

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) contestsin good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender'sopinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreementsatisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of theProperty is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a

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notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10days of the giving of notice.

8. Fees. Lender may collect fees and charges authorized by the Secretary.9. Grounds for Acceleration of Debt.

(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of paymentdefaults, require immediate payment in full of all sums secured by this Security Instrument if:

(i) Borrower defaults by failing to pay in ful l any monthly payment required by this SecurityInstrument prior to or on the due date of the next monthly payment, or(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations containedin this Security Instrttment.

(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with theprior approval of the Secretary, require immediate payment in full of all sums secured by this SecurityInstrument if:

(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, issold or otherwise transferred (other than by devise or descent), and(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or thepurchaser or grantee does so occupy the Property but his or her credit has not been approved inaccordance with the requirements of the Secretary.

(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full,but Lender does not require such payments, Lender does not waive its rights with respect to subsequentevents.(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limitLender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if notpaid. This Security Instrument does not authorize acceleration or foreclosure if not permitted byregulations of the Secretary.(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are notdetermined to be eligible for insurance under the National Housing Act within 60 days from the datehereof, Lender may, at its option, require immediate payment in full of all sums secured by this SecurityInstrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 daysfrom the date hereof, declining to insure this Security Instrument and the Note, shall be deemedconclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised byI.ender when the unavailability of insurance is solely due to Lender's failure to remit a mortgageinsurance premium to the Secretary.

10. Reinstatement. 13orrower has a right to be reinstated if Lender has required immediate payment in fullbecause of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applieseven after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lumpsum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrowerunder this Security Instrutnent, foreclosure costs and reasonable and customary attorneys' fees and expenses properlyassociated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and theobligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However,Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement offoreclosure proceedings within two years immediately preceding the commencement of a current foreclosure

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proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement willadversely affect the priority of the lien created by this Security Instrument.

11. Borrower Not Released; Forbearance By Lender Not a %aiver. Extension of the time of payment ormodification of amortization of the sums secured by this Security Instrument granted by Lender to any successor ininterest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor ininterest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extendtime for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of anydemand 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 andagreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. AnyBorrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this SecurityInstrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this SecurityInstrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees thatLender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to theterms of this Security Instrument or the Note without that Borrower's consent.

13. Notices. Any notice to Borrower provided for in this Security Instrument shall be givenby delivering itor by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directedto the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall begiven by first class mail to Lender's address stated herein or any 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 whengiven as provided in this paragraph.

14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the lawof the jurisdiction in which the property is located. In the event that any provision or clause of this SecurityInstrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this SecurityInstrument or the Note which can be given effect without the conflicting provision. To this end the provisions of thisSecurity Instrument and the Note are declared to be severable.

15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security

Instrument.16. 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 Environmental Law. The preceding two sentences shall notapply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generallyrecognized to be appropriate to normal residential uses and to maintenance of the Property.

Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or otheraction by any governmental or regulatory agency or private party involving the Property and any Hazardous Substanceor 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 Substances affectingthe Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance withEnvironmental Law.

As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardoussubstances by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxicpetroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,

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and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of thejurisdiction where the Property is located that relate to health, safety or environmental protection.

NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and

revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby

directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice toBorrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect andreceive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment ofrents constitutes an absolute assignment and not an assignment for additional security only.

If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower astrustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall beentitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents dueand unpaid to Lender or Lender's agent on Lender's written demand to the tenant.

Borrower has not executed any prior assignment of the rents and has not and will not perform any act thatwould prevent Lender from exercising its rights under this paragraph 17.

Lender shall not be required to enter upon, take control of or maintain the Property before or after givingnotice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is abreach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender.This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid infull,

18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender

may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expensesincurred in pursuing the remedies in this paragraph 18, including, but not limited to, reasonable attorneys' feesand costs of title evidence.

If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requiresimmediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale providedin the Single Family Mortgage Foreclosure Act of 1994 ( oAct") (12 U.S.C. 3751 et seq.) by requesting aforeclosure commissioner designated under the Act to commence foreclosure and to sell the Property asprovided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwiseavailable to a Lender under this Paragraph 18 or applicable law.

19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release thisSecurity Instrument without charge to Borrower. Borrower shall pay any recordation costs.

20. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include anyattorneys' fees awarded by an appellate court.

21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recordedtogether with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend andsupplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this SecurityInstrument. [Check applicable box(es)].

[ ] Condominium Rider [ ] G rowing Equity Rider [ ] Other (s) [specify][ ] P lanned Unit Development Rider [ ] G raduated Payment Rider

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BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument andin any rider(s) executed by Borrower and recorded with it.

Witnesses:

(Seal)Ataualpa A Co -Borrower

(Seal)Gloria J Cotta -Borrower

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STATE OF FLORIDA, County ss:QO I H. J ' ~

The foregoing instrument was acknowledged before me this i ~ os bAtaualpa A Cotta and Gloria J Cotta,who is personally known to me or who has produced F f C ) r / r tV L 4' ~ W ~ (as identification.

Nota blic

, < e'v"po'o JESSI CA BRIDGEWATERg / /ZgL+c4c~M

e'o'.„~otary Public - State of Flotftfa• MF Ccttlltttatttca Ettptrea Itch/ t

,~/ dbtF Cotttmlttattttt S t)t) ypSS3S

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Instruments 2009-072644 0 10B ook = 6 3 4 6Pa+~ = 10 0 4Diane H. HatousekVolusia County, Clerk of Court

Exhibit "A"File Number; 209030642

All that certain land situate in Volusia County, Florida, viz:

Lot 3, Block 1186, Deltona Lakes Unit 43, a subdivision according to map in Map Book 27, Pages 270 through 283,inclusive, Public Records of Volusia County, Florida.

Being the same property conveyed to Gloria J. Cotta and Ataualpa A. Cotta, wife and husband, by Quitclaim Deed datedOctober 16, 2002, of record in Official Record Book 4956, Page 4281, Instrument No. 2002-251730, in the PublicRecords of Volusia County, Florida. Also, being the same property PREVIOUSLY conveyed to Gloria J. Cotta andAtaulpa A. Cotta, by Warranty Deed dated March 28, 2000, of record in Official Record Book 4536, Page 4929,

Instrument No. 2000-055979, and re-recorded in Official Record Book 4544, page 3253, Instrument No. 2000-071334, in

the Office aforesaid.

Being the same property commonly known as: 2936 Estill Street, Deltona, Florida 32738Tax ID No.: 30-18-31-~

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