INTHE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL ACTION BANKUNITED, casENO: 36/0 CA Sb4ao? WE Plaintiff, DIVISION: ANDREA STONE; THE UNKNOWN SPOUSE OF ANDREA STONE; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL, DEFENDANT(S) WHO ARE NOT KNOWN TO BE DRAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; TENANT #1, TENANT #2, TENANT #3, and TENANT #4 the names being fictitious to aceount for partis in possession Defendant(s). SUM MORTGAGE FORECLOSURE COMPLAINT, Plaintiff, BankUnited, sues Defendants, Andrea Stone: The Unknown Spouse of Andrea Stone; Any and [All Unknown Parties Claiming By, Through, Under, and Against the Herein Named Inéividual Defendant(s) Who |Are Not Known to be Dead or Altve, Whether Said Unknown Parties May Claim an Interest as Spouses, Heirs, Devisees, Grantees, or Other Claimants; Tenant #1, Tenant #2, Tenant #3, and Tenant #4, the names being fictitious to account for parties in possession, and alleges: COUNT I- MORTGAGE FORECLOSURE 1. This is amin rem action to foreclose a mertgage on rel property(hercinafter ‘Property’ located and mated in Sarasota County, Florida. 2. On September 5, 2006, there was executed and delivered a Promissory Note ("Mortgage Note") ‘anda Mortgage ("Morteage’) securing the payment of the Mortgage Note. The Mortgage was recorded on September 12, 2006, in Instrument Number 2006163384 of the Public Records of Saracota County, Florida, (All subsequent recording references are tothe public records of Sarasota County, Florida) and mortgaged the real and personal property ("Property") dasaribed therein, then owed by and in possession ofthe Mortgagor(s). Copies of the original Mortgage Note and Mortgage arc atached hereto and incorporated herein as an Exhibit. 3. Plaintiff is entitled to enforce the Promissory Note and Mongage. 4, The Property is now owned of record by Defendant(s), Andrea Stone 5. The Mortgage Note and Mortgage are in default. The required installment payment of August 1, 2009, was not paid, and no subsequent payments have been made, The Mortgage is contractually due forthe August 1, 2009 payment. The last payment received was applied to the July 1, 2009 installment, and no subsequent ‘payments have been applied tothe loan.1 Ef apne vs ACGRUE TN FICIAL RECORDS rneraneoo TASTRUENT 3 200160904 15 PSS 2006 SEP 12 06:14 FH KAREN E. RUSHING CLERK OF THE CIRCUIT COURT SARASOTA COUNTY. FLORTDA MARSH “Receipt #7771: Nene SHANIN MATTHES ‘tees: BANKUNITED, FSB 1900 E GOLF RD SUITE 1200, SCHAUMBURG IL 60173 BANTER ESB Doe Stame-Hort: 792.40 . Ta 482.80 2008163364 AMI Space Abate This Line For Recsring Dats MORTGAGE SARASOTA TTTLE SERVICES, INC. 3380 Magic Oak Zane Sarasota, FL 2 DEFINITIONS ‘Words used in multiple sections of this document are defined below and other words are defined in Sections 3,11, 13, 18,20 and 21. Certain roles regarding the usage of words used in this document are also provided in Section 16. (A) “Security Instrument” means this document, which is dsted Soptombor 05, 2006 together with all Riders to this document. i (B) “Borrower” is ANDREA STONE, A SINGLE WOMAN Borrowers te mortgagor ander this Security Inszunent «© der” is BankUnited, FSB Lender inn CORPORATION Mat eet se the avs of UNITED STATES OF AMERICA anders waste 815 NWY 149 STREET, MIAMI LAKES, Florida 29016 : Lender is the mortgagee under this Security Insrument. (D) “Note means the promissory note signed by Borrower ard dated September 05, 2006 The Note ‘dates Uumt Borrower owes Lender Two Hundred Twenty Six Thousand Four Hundred and no/100 Dollars (U.S. $226,400.00 plus interest, Borrower has promised to pay thie debt in regular Periodic Payments and to ey the dob in fll aot ter than October O1, 2046 i G) "Property mcaus the property that a decribed below under the Reading “Transfer of Rights in the Property” G8) “Loan” means the debt evidenced by the Note, plus interem, any prepayment charges, and Sate charges dve under the, ‘Note, and all suns ve under this Security Tnsirament, plas interest (6) “Riders” mem al Riders to this Security Instrument that are executed by Borrower. The following Riders ae to be ‘executed by Borrower [chook box as spplicable: [KX] Adjustable Rate Rider [] Condominium Rider (Zl second Home Rider TC batoon Rider [C)ptannea Unit Development Rider [X] Others) [specify] LEGAL DESCRIPTION (1-4 Family Rider {C1 Biweekly Payment Rider FLORIDA--SiupleFanity Ronnie Mafetaie Mne UIIFORM INSTRUDLENY rm 2010104 ren yoann 219 (Page Fof 1 pages) reat eeRRORCH ETS ‘0005013 MPFL3142,(GH) “Applicable Law” means all contolling applicable fodeal, stale and local etates, regulations, ordinances and ‘dministraive ules and orders (that have the effect of law) as well s all explicable final, non-appealabe judicial opinions. @) “Community Assoctation Dues, Fees, and Assessments” means all dues, fees, assessments and other charges thet are posed en Borower or the Property by a condomniton actcition, hnenwners seéacaton or simile organization. J) “Electronic Funds Transfer means any tansfer of funds, other than a transaction originated by check, daft, or ‘imilax paper istrument, which is initiated tarough an elecronie temninal, tclephonie instrument, compu, magnetic tape Sone 10 order, jnstrct, or authorize a financial istittion to debit or credit an sczount. Such term includes, but fs not Jimited fo, polvtotle wansfer, automated taller machine tanenctions, transfers initiated by telephone, wire transfers, and aniomated clewinghouse transfers. (“Escrow Items” means those items that are decribed in Section 3. {@) “Miscellaneous Proceeds” yneans any compensition,setlement, award of damages, or proceeds paid by any third [pay (other than inurance proceeds paid under the coverages described in Section 5) for: () damage a, destoetion of, the Property; (i) condemnation or other taking ofall or any pat of the Property; (ji) conveyance in lieu of condemmation; or (is) miscepresentations of, o omiscions as to, the value andr condition ofthe Propeny. (i) “Mortgage Insurance” means insurance protecting Lender aginst the nonpayment of, or default on the Loan GM) “Perfodie Payment” means the reglaly echeduled amount doe for () principal and interest under the Note, ple {Gi)any amounts under Section 3 of this Secusity Instrument (0) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and is implementing regolation, Regulation X Q4 CFR. Prrt 3500), as they righ be ainended from: ime to ime, oF any adcktonal or sucesso Jegisation regulation dat governs the extneoubjest mater. As used in this Security Instrument, “RESPA” refers to all requirements sod costrictons tal ae imposed in regard to a “Tedcrally related mortgage lean” even if the Loan does not qualify as » “federally related mortgage loan” under RESPA. (P) “Successor in Kotereet of Borrower" meas any pasty that has taken tie tothe Property, whether or not that party fas pesumged Borrower s obligations onder the Note andor this Security Instrument, “TRANSFER OF RIGHTS IN THE PROPERTY “This Security Insuumeat secures to Louder (i) the repayment ofthe Loan, and all renewals, extensions and modifications of the Note, and Gi the performance of Borroma's covenants and ngreemects under thit Security Instrent and the Note. For this porpose, Borower does hereby meigage, gant aud convey to Lender, the fllowing desorbed propery located in the COUNTY. of ‘SARASOTA, (ype of Recorting istictin} (ame oF Revontng ei) ‘SEE ATTACHED LEGAL DESCRIPTION MADE A PART HERETO. hi 2533 40TH STREET thick corenly has the address of : \RASOTS _ Florida 30237 “Propesty Ades": sanaspre ieee, a TOGETHER WITH all the improvements now or hereafter eres on the property, nd al eacements, appurtenances, and Fates now or bereafer 2 par of the property. All replacements and additions shal also be covered by this Security Jnatevene Al of the foregoing is refrted to inthis Socuity Inetuent asthe “Property” FLORIDA Fly—Funle Mie 8 UNFORDY REATRUMENT ote cic sage pe) row ot enaieom oe : MPFFL3142 hf 0005013842BORROWER COVENANTS that Borrower is lawfully seized of the estate herehy conveyed and has the right (0 mortgage, grant aid convey the Property and that he Propety is uncneumbered, except for encumbrances of record, Bower warts and wil defend ‘penerally the ttle to the Property agetnst ll claims and demands, subject to any encumbeances of record. [THIS SECURITY INSTRUMENT combines unifomm covenants for national ust and aon-uviform covenants with sited variation by jorisdition to conatitute a uniform security instrument covering rel ropety. UNIFORM COVENANTS. Borrower aud Lender covenant and agree a8 follows: 4. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charger. Borrower shall pry when ave the neipal of. and intrest on, ise debt evidenced by the Note and aay prepaymeat charges and Inte charges due rinar the Note Borrower sball also pay funds for Escrow Iteas pursuaat to Section 3. Payments due under the Note and this Seceity Intamem stall be made in U.S. coreney. However, if any check or other insirumeat received by Lender ax perment under the Note or this Sceasty Insgurent is retumed to Lender unpaid, Lender may req that oy ofall PRbenqent payments doe under the Note and this Secuity Instrument be made in ce oF tnore of the following forms a2 Sriected by Lendor (0) enth; (6) money order: (c) certified check, bank check, treasuret’s check or caier's check, provided Sry auch check is dravm upon na inaintion whose deposits ae insured by afer ageny, instrumentality, or enti; or (@) Electronic Funds Transfer. ‘Pavone are deemed received by Lender when reetved athe location designated in the Not f at such ether foation as snny be designed by Lender in secordance with the notice provisions in Section 15. Lender may return auy payment of fuel payment ifthe peyment or prtial payments ae fnecint to bring te Loan core, Lender ry accept any papmins real paynentineuiiet to tring the Loan cure, witht waiver of any righ Reronnder or prejudice rit hts to ora auch payment or pastial payments in the Ture, but Lender is not obligated to apply auch payrnets tthe te such reach Periodic Payment is applied ax of its scheduled due date, then Lender nesd not pay interest on il Borrower makes payment to bring the Lorn current. If Feet. No offer or enim which Bortower might have now or inthe fmre against enter shall sieve Bomower from eine payments duc under the Nole aad ths Security Instrument or performing the covenants and dgreements sere by ‘hia Security Tnstmment. vation of Payments or Proceeds Except s otherwise dacibed in tis Section 2, all puyments accented sd copied by Lander hall be applied in ke following order of prion: (0) interest dus under the Nos (0) pinspa! don aan ea eg) nmsunts dee der Section 3. Svch payments shall be applied to each Peridle Payment in dhe order in rage eee, Any semaining smouns shel be aplid first to late charges, seco to any other amounts due mider Se ensmcaives = payment from Borrower for a delinquent Periodic Raymeat which inchides ficient amowut to gay any ne charge doe, te payient nay be apie othe deinen payment ad the ne charge. Irmo Dan on Feo ao a staning Lend may apply aay prymenteeivd from Bomowe othe repayment ofthe Period Faymens Peart hconen thm cach payinent canbe ald in full. te cAtat that any exeoes ete aftr the payment is sop o Wefan ponent of one or more Periodic Payment, soch exess may be applied to any Inte cbegen doe. Velonnry prapoymente cel be appod Seto any prepayment charge and then a eseribed inte Note, ray pphdtn of peymenta instance proves, or Miscellencos Proceeds o gncipal doe under the Note shal ot sntendior pesione the due date, o change the amount, of te Periodic Payments So aeeefar iecrow Items, Borrower stall pay t Lender on the day Periodic Payments ae due under the Note ant he Nowe eyo in Bl aon (he “Pande” to provide for payment of amounts dv for: (a) taxes and macsmments nf aaa veteoih can stain psity ove this Sess Instent a8 Tenor encumbrance onthe Proper: (8) Jesshosd SO ar pond rents te rope i an.) prenioms fr any nd a inuracerauine hy Yandeanes Soon aa cfencoge Tosimance pining fa, oF any suns payable By Borrower to Lender in lew of the payment of arse ee tance pemfurn in cordance withthe provision of Seton 10. Tete stems we called Tassos Iss" AS anergy te during te team of te Lean, Lender nny req that Cosmunity Association Does Fes, orination or ty ae gured by Borrower td sch docs, fos mad szeazment shall be am Eserw Tl, Borrower shall aah Lender ll nes of snoans (0 be pid Under tis Seto, Brower chal gay Les the Fu for FLORIDASisgleFanlyFanne Merde Dae USSFORM INSTRUMENT rom 010 191 eeeagat Page $f 1 pagent sooner maior ORE HAFELAt42, (000501384-2e 6 g@BankUnited Adjustable Rate Note (1 Year MTA Index — Initial Discounted Monthly Payment Payment Caps and Maximum Rate) (1 Month MTA ARM) ‘THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE, MY MONTHLY PAYMENT, AND MY PRINCIPAL BALANCE. MY MONTHLY PAYMENT INCREASES MAY BE LIMITED. BOTH MY MAXIMUM INTEREST RATE AND MINIMUM INTEREST RATE ARE LIMITED, MY INITIAL REQUIRED MONTHLY PAYMENT AMOUNT WILL NOT BE SUFFICIENT TO PAY THE INTEREST THAT ACCRUES UNDER THIS NOTE. THE PRINCIPAL BALANCE OF THIS NOTE MAY INCREASE TO AN AMOUNT THAT IS LARGER THAN THE AMOUNT THAT I ‘ORIGINALLY BORROWED. ‘Soptomber 05, 2006 SARASOTA Florida [Bate} cy [State] 2529 10TH STREET. SARASOTA, FL 24237 [Property Aaaress] 4. BORROWER'S PROMISE TO PAY Ii return for a loan that | have recelved, | promise to pay U.S. § 228,400.00 plus any amounts added in accordanca with Section 3(E) of this Note (this ammount is collectivaly called “Principal, plus interest, to the order of Lender. Lender is SankUnted, FSB | wil make all payments under thia Note in the form of cash, check or money order.» T understand that Lender may transfec this Note. Lender of anyone who takes this Note by \ransfer and who is entitled to recelva payments under this Note is called the *Note Holder’. 2 INTEREST 1A) Interest Rate : Interest wil be charged on unpaid Principel untl the full arwount of Principal has been paid. | wilt pay interest at a yearly rate of 7.5000 ‘p. The Interest rate | wall pay wall ‘change a8 provided in this Section 2. ‘The interast rate requirad by this Section 2 is the rate | will pay both before and after any defauit described in Section 7(B) of this Note. (8) Interest Change Dates ‘The inlerest rate | will pay may change on the first day of November 2006 i ‘and on thal same day every month thereafter. Each date on which my interest rate could change is called an “Interest Change Data’ (6) Interest Rate Limits My interest rata will never be greater than 9.9500 .. My interest rate will never be less than the amaunt of the then applicable Margin described in Section 2(E) below. {D) Index Beginning with the fret Interest Change Date, my interest rate wil be based on an Index. The ‘index’ is the Twelve Month Average of the monthly yields (tha "Monthly Yields") on actively traded United Slates Treasury securities adjusted to a constant maturity of one year as published by the Federat Reserve Board in the Federal Statistical Release entited “Selected Interest Rate (H.15).” The Twelve- conth Average Is determined by adding together the Monthly Yields for the most recently available tweive ‘months, dividing that sum by 12, ane then rounding the resulting number to four decimat places. The ‘most revent Index figure available as of the date 18 days before each Interest Change Date is called the “Current index,” {f the Index, or any substitute Index, is no Jonger avaiable, the Note Holder will choose a ‘new Index which is based upon comparable information. ‘The Note Holder wil give me notice of this choice, (E) Calculation of intercot Rate Chang Before each Interest Change Date, the Note Holder wil elculate my new interest rata by adding ‘Two and 9400/1000 percentage points ( 2.9400 %) (the Margin’) tothe Current index. The Note Holder wil then round the result ofthis addivon to theil make mer ments at meee 7815 NW 148 ST., MIAMI LAKES, FL 33016 or ata diferent place if required by the Note Holler. (8) Amount of iy Initial Montnty Payment My inal monthly payment willbe in the amount of US. $ 621.88 <_ My initial monthly payment was calculated using arate of 1.4500 __ %. the orginal Principal, and the Maturity Date. ‘This fate ie lawor than the intl interest rato atsted in Section 2(A) above. “The amount of mi initial monthly payment will change as provided in this Section 3, (C) Payment Change Dates My monthly payment will change as required by Section 2(D) below beginning on the due date of ry thirteenth (138) payment, which is due onNovember 4, 2007 ‘and on thal same day every twelth (12) month thereafter, Each of these dates is called a “Payment. ‘Change Date.” My monthly payment will lso change as provided under Section (F) below. will pay the amount of my new monthly payment each month beginning on each Payment Change Date untl the next Payment Change Date, unless my monthly payments are changed earlier as provided in Section 3(F) below. (0) Galeulation of Monthly Payment Changes; Limitations On each Payment Change Date, my monthly payment wil change to the amount that would be sufficient to repay the Principat that | am expected to owe at the Payment Change Det, together wath interest at tha rate in affect durin the preceding month, in full in substantially equal monthly installments through tho Maturity Date, Howover, unless Section 3(F) or Section 2(G) below apply, the amount of my new monthly peyment, beginring on each Paymont Change Dato, wil be limited to an amount that ino more than 7 112% greater than the amount | am required to pay under this Note immediately prior to that Payment Chenga Date. The Note Hokier’s monthly biling statement may disclose other payment options ‘hat | may have, f| should wish to pay a monthly payment that is larger than this amount. (E) Changes in My Unpald Principal My Initia required monthly payment amount wil not be"cuffciont to’pay'the interest that wil accrue under this Note atthe ital interest rate stated in Section 2{A) of this Note, and may be lesser oF ‘oreator than the amount sufficient to pay the interest that wil accrue uncer this Note at the Interest rates, ‘that thereafter are in effect under this Note. In addition, since my monthly payment amount changes less frequent than the interest rata and since the monthiy payment is subject to the payment imitations described in Section 2(D) above, my eubsequent monthly payments could be lesser or greater than the ‘mount sufficient to pay the Interest that wal accrue under this Noto at the interest rates that are in effect ‘onder thes Note ftom ime to time. For each month that my monthly payment i tess than the interest that accrues under this Note, the Note Holder wil subtract the monthly payment from the amount of the ‘accrued inlarest and will add the difference to my unpaid Principal, and interest wil accrue on the amount of this difference at the interest rate that isin effect under this Nota from time to time. For each month that the monthly payment is greater than the interest thet accrues under thie Note, the Note Holder wil apply the excess lowards a Principal reduction ofthis Note. (F) Limit on My Unpald Principal; Increased Monthly Payment My unpaid Principal ean never exceed a maximum amount equal to 115% of the Principal amount originally borewed. In the event my unpaid Principal would otherwise exceed that 415% limitation on a monthly payment due date, | wil begln paying a new monthly paymant on that due date, and will continue to make this payment gach month untl the next Payment Change Date, subject at al mes to a further inerease in my monthly payment under this Secton 34F}) f my unpaid Principal would again otherwise oxcood the 115% limitation. The new monthly payment wil be the amount that would be sufficient to repay my then unpaid Principal, together with intorast at the rate in effect during tha month price to the payment due date, in full in substantially equa! monthly instalments through the Maturity Date, The new monthly payment wil be determined without applying the 7 1/2% payment limitation described in Section 2340) of this Note {G) Required Full Monthly Payment Gn te 5* Payment Change Date, an each eucceecing 5® Payment Changa Date thereafter, and on the final Payment Change Date, the monthly payment willbe determined without rogord tothe 7 172% Daymentlinitation described in Section 3(0) of tis Note. 4, NOTICE OF CHANGES: ‘The Note Holder will deliver or mail to me a notice of any changes in the amount of my monthiy payment before the effective date of any change. The notice will Include infocmation required by law to be Given fo me, and also the title and telephone number of a person who will answer any question | may rave regarding the notice. 5, BORROWER'S RIGHT TO PREPAY