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Neil Gillespie
The Florida Bar acknowledges receipt of your public record request dated April 29, 2020, and I am
responding in accordance with Rule 2.420, Florida Rules of Judicial Administration, and applicable law.
The Florida Bar has searched its records and has located the documents that meet the parameters of your
request, which are accessible through the link provided below.
You have been provided with the entire public record related to your request. The public record of a
disciplinary file is defined in Rule 10-8.1(b) of the Rules Regulating The Florida Bar. Pursuant to the
rule, "[t]he UPL record shall consist of the record before a circuit committee, the record before a referee,
the record before the Supreme Court of Florida, and any reports, correspondence, papers, recordings,
and/or transcripts of hearings furnished to, served on, or received from the respondent or the
complainant."
If you have any further questions, please feel free to contact me at your earliest convenience.
Sincerely,
Rick Courtemanche
5/4/2020
Page 2 of 2
rcourtemanche@floridabar.org
850-561-5788
To review your request or download any associated files; please login to the Public Records
System using this email address.
Please note: Florida has very broad public records laws. Many written communications to or from The Florida
Bar regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
5/4/2020
W008270-042920 - General/Multiple Requests
Records
The Florida Bar acknowledges receipt of your public record request dated April 29, 2020, and I am
responding in accordance with Rule 2.420, Florida Rules of Judicial Administration, and applicable law.
The Florida Bar has searched its records and has located the documents that meet the parameters of your
request, which are accessible through the link provided below.
You have been provided with the entire public record related to your request. The public record of a
disciplinary file is defined in Rule 10-8.1(b) of the Rules Regulating The Florida Bar. Pursuant to the rule,
"[t]he UPL record shall consist of the record before a circuit committee, the record before a referee, the record
before the Supreme Court of Florida, and any reports, correspondence, papers, recordings, and/or transcripts of
hearings furnished to, served on, or received from the respondent or the complainant."
If you have any further questions, please feel free to contact me at your earliest convenience.
Sincerely,
Rick Courtemanche
Deputy General Counsel
rcourtemanche@floridabar.org
850-561-5788
To review your request or download any associated files; please login to the Public Records System using this
email address.
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The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
Your unlicensed practice of law complaint against Marty Stone which you sent to The Florida
Bar in Tallahassee was forwarded to me in the Ft. Lauderdale Branch because the complaint
form lists a Ft. Lauderdale address for the respondent. I have opened the above-referenced file at
staff level to evaluate your complaint.
Thank you for bringing this matter to the attention of The Florida Bar. You will be notified of
the final disposition.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
Please give us your written position concerning the enclosed correspondence from Neil J.
Gillespie. Please respond to the Complainant’s allegations in as much detail as possible.
As you may know, Rule 10-2.1(c) of the Rules Regulating The Florida Bar define a nonlawyer as
“an individual who is not a member of The Florida Bar,” including lawyers admitted in other
jurisdictions. Please also be aware the Supreme Court of Florida held it constitutes the
unlicensed practice of law for an attorney not licensed to practice law in Florida to hold himself
out in any way or use any title that would tend to mislead the public into believing he is a
member of The Florida Bar or authorized to practice law in this State. The Florida Bar v. Kaiser,
397 So. 2d 1132 (Fla. 1981). If an attorney is engaging in an authorized activity in Florida, the
attorney’s title may appear on letterhead and business cards as long as the necessary limiting
language is also included. Id. at 1133.
1. As an interstate law firm, does McCalla Raymer Leibert Pierce, LLC (“MRLP”)
remain compliant with the requirements of The Florida Bar v. Savitt, 363 So. 2d
559 (Fla. 1978), particularly as to having a member of The Florida Bar as a bona
fide partner of the law firm and operating according to a partnership agreement
which does not provide profits and losses are shared among its members solely on
the basis of the proportionate business either generated or handled by its Florida
office? Provide a copy of the partnership agreement.
4. Do the out-of-state attorneys have any direct contact with Florida clients? If so,
explain under what circumstances the out-of-state attorneys meet with Florida
clients.
5. Are you a Florida resident? If so, please explain how you are authorized to serve
as a partner in a law firm providing legal services in Florida matters.
6. MRLP’s website and your vCard list you as Managing Partner and CEO.
Describe your duties. Do you supervise any MRLP lawyers licensed in Florida?
7. Your biography featured on MRLP’s website indicates you work from the Fort
Lauderdale office and lists your “practice areas” as foreclosure, eviction, and
litigation. Please explain.
9. List all cases in which you have been admitted pro hac vice in Florida state or
federal court in the past 24 months and provide copies of the motions and any
documentation which accompanied the motions.
10. MRLP’s Foreign Limited Liability Annual Report filed with the Division of
Corporations on April 2, 2018 lists you with a Fort Lauderdale address and as the
sole manager. Please explain how your corporate title complies with The Florida
Bar v. Savitt, 363 So. 2d 559 (Fla. 1978).
12. List all corrective action taken by you and MRLP as a result of the receipt of this
letter.
I would appreciate receiving your written response no later than February 20, 2019. Responses
should not exceed 25 pages and may refer to any additional documents or exhibits that are
available on request. Additional guidelines are provided in the enclosed “Mailing Instructions”
sheet. A reply from you will assist my office in determining whether this is a matter which
should be referred to an unlicensed practice of law committee. Any response by you will
THE FLORIDA BAR
Mr. Marty Stone
Re: Marty Stone
File No. 20191041(17A)
January 31, 2019
Page 3
become a part of the UPL record in this matter and will be accessible to the public upon closure
of the case.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
Enclosures
Enclosed is a copy of the response to your complaint in the above-referenced matter. You may
provide a reply if you wish, although it is not required. If you wish to reply, please send your
written rebuttal to me no later than March 13, 2019. Responses should not exceed 25 pages and
may refer to any additional documents or exhibits that are available on request. Additional
guidelines are available on the enclosed “Mailing Instructions” sheet. Any response by you will
become a part of the UPL record in this matter and become accessible to the public upon closure
of the case.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
Enclosures
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
March 4, 2019
This letter will acknowledge receipt of your letter dated February 20, 2019 responding to the
complaint in the above-referenced matter. You will be contacted if additional information is
needed.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
Received Wed 03/13/2019 11:13PM
From Neil Gillespie
Subject REPLY of Neil J Gillespie to UPL Investigation of Marty Stone File No. 20191041(17A)
To Vazquez, Algeisa; Doyle, Joshua; bdavidson@huntonak.com
cc Neil Gillespie; Mark Gillespie
bcc
REPLY of Neil J Gillespie to UPL Investigation of Marty Stone File No. 20191041(17A).pdf
REPLY of Neil J Gillespie to UPL Investigation of Marty Stone File No. 20191041(17A)
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VIA USPS No.: 9405503699300446858677 March 13, 2019
Via email: avazquez@floridabar.org
Algeisa Vazquez
Branch UPL Counsel
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
954-835-0233
This is my reply to the response February 20, 2019 of Barry R. Davidson, Esq., counsel for
Mr. Marty Stone, McCalla Raymer Leibert Pierce LLC (“MRLP”), Re: Unlicensed Practice of
Law Investigation of Marty Stone, FileNo.20191041(17A).
The copy of Mr. Davidson’s response provided me by your letter February 26, 2019 shows
Davidson’s response was NOT provided through the United States Postal Service, USPS, a.k.a.
the U.S. Mail, as required by The Florida Bar. Instead, Mr. Davidson’s response shows a mailing
label from United Parcel Service, UPS Next Day Air, Tracking # 1ZF5W9540164644595, from
Annemarie Flynn, Hunton Andrews Kurth LLP, 111 Brickell Ave., Miami, FL 33131-3112,
addressed to you at “Algeisa Vazquez, Branch UPL Counsel, The Florida Bar, Suite 130, 1300
Concord Ter, Sunrise, FL 33323-2899”.
I know from personal experience that correspondence to The Florida Bar must be provided by
the U.S. Mail. Therefore, Mr. Davidson’s response should be stricken and returned to him.
Mr. Davidson’s response appears to make a false or misleading statement on page two,
paragraph two:
My complaint(s) December 26, 2018 addressed to Mr. Joshua E. Doyle, Executive Director, The
Florida Bar, referenced five persons: Florida lawyer Curtis Alan Wilson, Bar #77669, and four
nonlawyers including Mr. Stone; Richard E. Raymer, of Roswell, Georgia; Richard M. Leibert,
Hartford, Connecticut; and Denis Pierce, Chicago, Illinois.
Mr. Davidson’s response appears to misstate the outcome of my complaint against [Stephen]
Michael Allgood (Bar file 20171020 (17c)). Mr. Davidson wrote, page 1, paragraph 2,
Algeisa Vazquez March 13, 2019
Branch UPL Counsel
My complaint September 16, 2016 alleged in part that Mr. Allgood “...is not a member of The
Florida Bar, and not licensed to practice law in Florida, but nonetheless is the Director of the
Florida Foreclosure Group since 2013 for McCalla Raymer Pierce, LLC...”.
His webpage says Mr. Allgood has been the Director of the Florida Foreclosure Group
since 2013, which coincides with the foreclose against me that commenced in January
2013.
So it appears that Michael Allgood, Director of the Florida Foreclosure Group for
McCalla Raymer Pierce, LLC since 2013 has directed if not orchestrated the misconduct
of [Curtis Alan] Wilson and [Danielle Nicole] Parsons in the foreclosure case against me.
Exhibit 1 to my reply is your March 22, 2017 letter closing my complaint against Mr. Allgood in
File No. 20171 020(17C), where you wrote in substantial part:
In September 2016, you filed an unlicensed practice of law complaint against the
above-referenced individual. This matter was investigated by my office at the staff level.
However, I have been unable to develop sufficient information to proceed with an
investigation. If you have additional information regarding this matter, you may forward
the information to me and I will, of course, look into the matter further. However, due to
insufficient information on which to proceed, I am closing my file at this time.
So contrary to Mr. Davidson’s contention, you were unable to develop sufficient information to
proceed with an investigation of Mr. Allgood. Yes, I have additional information regarding this
matter, see my complaint(s) December 26, 2018 addressed to Mr. Doyle.
2
Algeisa Vazquez March 13, 2019
Branch UPL Counsel
Exhibit 2 is a letter I received in the mail from The Florida Bar, Jeffrey T. Picker, Bar Counsel,
UPL Department, Headquarters, January 8, 2019, closing UPL File Nos. 20190050(2)(Leibert),
20190051(2)(Raymer), and 20190052(2)(Pierce). Mr. Picker wrote, “The gravamen of your
complaints appears to be that these individuals cannot operate as a law firm in Florida without
being members of The Florida Bar.” No, see my complaint(s) December 26, 2018 addressed to
Mr. Doyle. I believe this closure is premature, pending a full response by Mr. Stone to The Bar’s
letter to him January 31, 2019 by Ms. Vasquez.
As of today I do not show a response from The Florida Bar regarding my complaint against Mr.
Curtis Wilson regarding his practice at McCalla Raymer Leibert Pierce LLC, see my
complaint(s) December 26, 2018 addressed to Mr. Doyle.
Mr. Davidson’s response wrongly relies on the outcome in Allgood File No. 20171 020(17C) in
his defense of the instant complaint(s), when in fact you were unable to develop sufficient
information to proceed with an investigation of Mr. Allgood. More recent documents filed by
McCalla Raymer Leibert Pierce LLC with the Florida Division of Corporations undercuts the
memo dated June 20, 2011 from McCalla General Counsel Susan Reid. Please find attached:
Exhibit 3, McCalla Raymer, LLC (1995) 2011 FLA APPLICATION. See paragraph “11: Nature
of business or purposes to be conducted or promoted in Florida: business legal services”. I would
argue that McCalla Raymer is a residential foreclosure mill against homeowners, and does so by
attorney-nonlawyer managers unethically directing members of The Florida Bar. (Rule 4-5.1).
Note the change in personnel shown on Exhibit 10 (fourteen) vs. Exhibit 12 (one). MRLP went
from fourteen Authorized Persons to one Authorized Person (Mr. Stone).
Given time constraints and my view that previous inquiries into the McCalla Florida
practice should resolve the current complaint, I have not been able to assemble complete
responses to the 12 questions in your letter. I am confident that the above is a complete
and satisfactory response to your first question which is paramount. I am providing a list
of bona fide partners licensed to practice in Florida (question 2) and a copy of Mr.
Stone's business card and letterhead (question 11) and have confirmed that he is not an
applicant for admission to The Florida Bar (question 8). In regard to your questions 5, 6,
3
Algeisa Vazquez March 13, 2019
Branch UPL Counsel
7 and 10 I do not understand our rules to restrict the ability of a non-Florida admitted law
firm partner in an interstate law firm otherwise fully compliant with the Savitt guidelines
to serve as a managing partner regardless of his or her personal residence.
I propose granting Mr. Davidson a reasonable amount oftinle to provide the responses. Once
Mr. Davidson provides his responses, I request time to provide a reply.
I also request a response from The Florida Bar to my complaint against Mr. Wilson made
December 26, 2018 to Mr. Doyle. Please advise if The Bar is waiting on the outcome in this UPL
complaint against Mr. Stone, File No. 20191041(17A), to decide the Wilson Complaint.
Under penalties of perjury, I declare that the foregoing facts are true, correct and complete.
Sincerely,
Enclosures
Algeisa Vazquez
Branch UPL Counsel
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
954-835-0233
USPS No.: 9405503699300446858677
Email: avazquez@floridabar.org
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The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
John F. Harkness, Jr. (954) 835-0233
Executive Director www.FLORIDABAR.org
In September 2016, you filed an unlicensed practice of law conlplaint against the
above-referenced individual. This matter was investigated by my office at the staff level.
However, I have been unable to develop sufficient information to proceed with an investigation.
If you have additional information regarding this matter, you may forward the information to me
and I will, of course, look into the matter further. However, due to insufficient information on
which to proceed, I am closing my file at this time.
Thank you for bringing this matter to the attention of The Florida Bar.
Sincerely,
AV/drk
1
The Florida Bar
651 E. Jefferson Street
Tallahassee, Florida 32399-2300
Joshua E. Doyle (850) 561-5840
Executive Director www.FLORIDABAR.org
January 8, 2019
Mr. Neil J. Gillespie
8092 SW 11 5th Loop
Ocala, FL 34481
This will confirm receipt of your unlicensed practice of law complaints against Richard Leibert,
Richard Raymer, and Denis Pierce. The gravamen of your complaints appears to be that these
individuals cannot operate as a law firm in Florida without being members of The Florida Bar.
However, Florida Supreme Court case law permits the fOffilation of interstate law firms with an
office or offices in Florida and elsewhere. The Florida Bar v. Savitt, 363 So. 2d 559 (Fla. 1978).
Florida Bar Rules also recognize the existence of interstate law firms. The comment section of Rule
4-8.6 of the Rules Regulating The Florida Bar provides, "This rule permits members of The Florida
Bar to engage in the practice of law with lawyers licensed to practice elsewhere in an authorized
business entity organized under the laws of another jurisdiction and qualified under the laws of
Florida (or vice-versa), but nothing in this rule is intended to affect the ability of non-members of
The Florida Bar to practice law in Florida," citing Savitt. None of these attorneys operates out of a
Florida office of McCalla Raymer Leibert Pierce LLC. Instead, they appear to be operating out of a
firm office where they are admitted to practice (Leibert(CT), Raymer(GA), and Pierce(IL)). Because
McCalla Raymer Leibert Pierce LLC appears to be an interstate law firm under Savitt, and these
attorneys are not operating out of a Florida office, they would not be engaged in the unlicensed
practice of law. Therefore, I have closed my file in these matters.
Thank you for bringing these matters to the attention of The Florida Bar.
Sincerely,
Jeffrey T. Picker
Bar Counsel
UPL Department, Headquarters
JTP/jr
2
4
5
2014 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# M11000002235 Mar 13, 2014
Entity Name: MCCALLA RAYMER, LLC Secretary of State
CC7140609724
Current Principal Place of Business:
1544 OLD ALABAMA ROAD
ROSWELL, GA 30076
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Title MGR
Name MCCORMICK, MICHAEL
Address 1544 OLD ALABAMA ROAD
City-State-Zip: ROSWELL GA 30076
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
6
2015 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# M11000002235 Feb 09, 2015
Entity Name: MCCALLA RAYMER, LLC Secretary of State
CC2494469577
Current Principal Place of Business:
1544 OLD ALABAMA ROAD
ROSWELL, GA 30076
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Address 1544 OLD ALABAMA ROAD Address 1544 OLD ALABAMA ROAD
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
7
2016 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# M11000002235 Mar 23, 2016
Entity Name: MCCALLA RAYMER, LLC Secretary of State
CC8489736864
Current Principal Place of Business:
1544 OLD ALABAMA ROAD
ROSWELL, GA 30076
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Address 1544 OLD ALABAMA ROAD Address 1544 OLD ALABAMA ROAD
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
8
2017 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# M11000002235 Feb 07, 2017
Entity Name: MCCALLA RAYMER LEIBERT PIERCE, LLC Secretary of State
CC4151845303
Current Principal Place of Business:
1544 OLD ALABAMA ROAD
ROSWELL, GA 30076
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
10
Authorized Person(s) Detail Continued :
Title AUTHORIZED, AUTHORIZED MEMBER Title MANAGER
Name PIERCE & ASSOCIATES, PC Name LEIBERT, RICHARD
Address 1 N. DEARBORN Address 50 WESTON STREET
SUITE 1200
City-State-Zip: HARTFORD CT 06120
City-State-Zip: CHICAGO IL 60602
Title MANAGER
Title MANAGER
Name JACOBSON, RICHARD
Name ROSSATO, CASEY
Address 50 WESTON STREET
Address 50 WESTON STREET
City-State-Zip: HARTFORD CT 06120
City-State-Zip: HARTFORD CT 06120
Title AUTHORIZED MEMBER
Title MANAGER
Name HUNT LEIBERT JACOBSON, PC
Name MILNE, GEOFFREY
Address 50 WESTON STREET
Address 50 WESTON STREET
City-State-Zip: HARTFORD CT 06120
City-State-Zip: HARTFORD CT 06120
2018 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# M11000002235 Apr 02, 2018
Entity Name: MCCALLA RAYMER LEIBERT PIERCE, LLC Secretary of State
CC9890561921
Current Principal Place of Business:
1544 OLD ALABAMA ROAD
ROSWELL, GA 30076
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
12
HUNTON
ANDREWS KURTH HUNTON ANDREWS KURTH LLP
1111 BRICKELL AVENUE
SUITE 2500
MIAMI, FLORIDA 33131
FILE NO:
February 20,2019
RECEIVED
Algeisa Vazquez, Esq.
Branch UPL Counsel FEB 2 1 2019
The Florida Bar
Lakeshore Plaza II
THE FLORIDA BAR
1300 Concord Terrace, Suite 130 UPL - FT. LAUDERDALE
Sunrise, FL 33323
I represent Mr. Marty Stone and the law firm McCalla Raymer Leibert Pierce LLC (McCalla)
in response to your letter of January 31, 2019 and the underlying current complaints by Mr.
Neil Gillespie.
I spoke with your very helpful and pleasant assistant yesterday to let you know that this letter
would be mailed today. In my conversation I referenced our previous communications in
regard to McCalla related to Michael Allgood (Bar file 20171020 (1 7c)). As you will recall,
that matter, also precipitated by a complaint from Mr. Gillespie, was resolved favorably to
McCalla primarily based on previous thorough inquiry into McCalla's Florida practice by then
Bar UPL counsel Lori Holcomb - Bar files 20110131(2), 20110132(2) and 20111033(2). In
that inquiry I supplied Ms. Holcomb with a memo dated June 20, 2011 from McCalla General
Counsel Susan Reid describing McCalla's general operating structure and practice in Florida.
A copy of that memo is attached for your convenience. The Bar determined in that inquiry that
McCalla was operating completely within the guidelines of Savitt as I believe you did also in
resolving the Allgood matter. I-Iere I provide an update to that memo from Ms. Reid which I
am confident will lead you and the Bar to the same conclusion regarding McCalla's current
practice in Florida. Once again we would hope you would agree that you do not need a copy of
the McCalla partnership agreement for the same reasons expressed in Allgood.
Given time constraints and my view that previous inquiries into the McCalla Florida practice
should resolve the current complaint, I have not been able to assemble complete responses to
ATLANTA AUSTIN BANGKOK BEIJING BOSTON BRUSSELS CHARLOTTE DALLAS DUBAI HOUSTON LONDON LOS ANGELES
MIAMI NEW YORK NORFOLK RESEARCH TRIANGLE PARK RICHMOND SAN FRANCISCO THE WOODLANDS TYSONS WASHINGTON, DC
www.HuntonAK.com
HUNTON
ANDREWS KURTH
the 12 questions in your letter. I am confident that the above is a complete and satisfactory
response to your first question which is paramount. I am providing a list of bona fide partners
licensed to practice in Florida (question 2) and a copy of Mr. Stone's business card and
letterhead (question 11) and have confirmed that he is not an applicant for admission to The
Florida Bar (question 8). In regard to your questions 5, 6, 7 and 10 I do not understand our
rules to restrict the ability of a non-Florida admitted law firm partner in an interstate law firm
otherwise fully compliant with the Savitt guidelines to serve as a managing partner regardless
of his or her personal residence.
Finally, to clarify, notwithstanding Mr. Gillespie's complaints about other McCalla attorneys, I
understand that his complaint only references Mr. Stone.
Thank you for your 'attention and please let me know if you have any questions.
Cordially yours,
g~b
Barry R. Davidson
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o Use the Print button in your browser to print this page to your laser printer.
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VIA USPS No.: 9405503699300446858677 March 13, 2019
Via email: avazquez@floridabar.org
Algeisa Vazquez
Branch UPL Counsel
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
954-835-0233
This is my reply to the response February 20, 2019 of Barry R. Davidson, Esq., counsel for
Mr. Marty Stone, McCalla Raymer Leibert Pierce LLC (“MRLP”), Re: Unlicensed Practice of
Law Investigation of Marty Stone, FileNo.20191041(17A).
The copy of Mr. Davidson’s response provided me by your letter February 26, 2019 shows
Davidson’s response was NOT provided through the United States Postal Service, USPS, a.k.a.
the U.S. Mail, as required by The Florida Bar. Instead, Mr. Davidson’s response shows a mailing
label from United Parcel Service, UPS Next Day Air, Tracking # 1ZF5W9540164644595, from
Annemarie Flynn, Hunton Andrews Kurth LLP, 111 Brickell Ave., Miami, FL 33131-3112,
addressed to you at “Algeisa Vazquez, Branch UPL Counsel, The Florida Bar, Suite 130, 1300
Concord Ter, Sunrise, FL 33323-2899”.
I know from personal experience that correspondence to The Florida Bar must be provided by
the U.S. Mail. Therefore, Mr. Davidson’s response should be stricken and returned to him.
Mr. Davidson’s response appears to make a false or misleading statement on page two,
paragraph two:
My complaint(s) December 26, 2018 addressed to Mr. Joshua E. Doyle, Executive Director, The
Florida Bar, referenced five persons: Florida lawyer Curtis Alan Wilson, Bar #77669, and four
nonlawyers including Mr. Stone; Richard E. Raymer, of Roswell, Georgia; Richard M. Leibert,
Hartford, Connecticut; and Denis Pierce, Chicago, Illinois.
Mr. Davidson’s response appears to misstate the outcome of my complaint against [Stephen]
Michael Allgood (Bar file 20171020 (17c)). Mr. Davidson wrote, page 1, paragraph 2,
Algeisa Vazquez March 13, 2019
Branch UPL Counsel
My complaint September 16, 2016 alleged in part that Mr. Allgood “...is not a member of The
Florida Bar, and not licensed to practice law in Florida, but nonetheless is the Director of the
Florida Foreclosure Group since 2013 for McCalla Raymer Pierce, LLC...”.
His webpage says Mr. Allgood has been the Director of the Florida Foreclosure Group
since 2013, which coincides with the foreclose against me that commenced in January
2013.
So it appears that Michael Allgood, Director of the Florida Foreclosure Group for
McCalla Raymer Pierce, LLC since 2013 has directed if not orchestrated the misconduct
of [Curtis Alan] Wilson and [Danielle Nicole] Parsons in the foreclosure case against me.
Exhibit 1 to my reply is your March 22, 2017 letter closing my complaint against Mr. Allgood in
File No. 20171 020(17C), where you wrote in substantial part:
In September 2016, you filed an unlicensed practice of law complaint against the
above-referenced individual. This matter was investigated by my office at the staff level.
However, I have been unable to develop sufficient information to proceed with an
investigation. If you have additional information regarding this matter, you may forward
the information to me and I will, of course, look into the matter further. However, due to
insufficient information on which to proceed, I am closing my file at this time.
So contrary to Mr. Davidson’s contention, you were unable to develop sufficient information to
proceed with an investigation of Mr. Allgood. Yes, I have additional information regarding this
matter, see my complaint(s) December 26, 2018 addressed to Mr. Doyle.
2
Algeisa Vazquez March 13, 2019
Branch UPL Counsel
Exhibit 2 is a letter I received in the mail from The Florida Bar, Jeffrey T. Picker, Bar Counsel,
UPL Department, Headquarters, January 8, 2019, closing UPL File Nos. 20190050(2)(Leibert),
20190051(2)(Raymer), and 20190052(2)(Pierce). Mr. Picker wrote, “The gravamen of your
complaints appears to be that these individuals cannot operate as a law firm in Florida without
being members of The Florida Bar.” No, see my complaint(s) December 26, 2018 addressed to
Mr. Doyle. I believe this closure is premature, pending a full response by Mr. Stone to The Bar’s
letter to him January 31, 2019 by Ms. Vasquez.
As of today I do not show a response from The Florida Bar regarding my complaint against Mr.
Curtis Wilson regarding his practice at McCalla Raymer Leibert Pierce LLC, see my
complaint(s) December 26, 2018 addressed to Mr. Doyle.
Mr. Davidson’s response wrongly relies on the outcome in Allgood File No. 20171 020(17C) in
his defense of the instant complaint(s), when in fact you were unable to develop sufficient
information to proceed with an investigation of Mr. Allgood. More recent documents filed by
McCalla Raymer Leibert Pierce LLC with the Florida Division of Corporations undercuts the
memo dated June 20, 2011 from McCalla General Counsel Susan Reid. Please find attached:
Exhibit 3, McCalla Raymer, LLC (1995) 2011 FLA APPLICATION. See paragraph “11: Nature
of business or purposes to be conducted or promoted in Florida: business legal services”. I would
argue that McCalla Raymer is a residential foreclosure mill against homeowners, and does so by
attorney-nonlawyer managers unethically directing members of The Florida Bar. (Rule 4-5.1).
Note the change in personnel shown on Exhibit 10 (fourteen) vs. Exhibit 12 (one). MRLP went
from fourteen Authorized Persons to one Authorized Person (Mr. Stone).
Given time constraints and my view that previous inquiries into the McCalla Florida
practice should resolve the current complaint, I have not been able to assemble complete
responses to the 12 questions in your letter. I am confident that the above is a complete
and satisfactory response to your first question which is paramount. I am providing a list
of bona fide partners licensed to practice in Florida (question 2) and a copy of Mr.
Stone's business card and letterhead (question 11) and have confirmed that he is not an
applicant for admission to The Florida Bar (question 8). In regard to your questions 5, 6,
3
Algeisa Vazquez March 13, 2019
Branch UPL Counsel
7 and 10 I do not understand our rules to restrict the ability of a non-Florida admitted law
firm partner in an interstate law firm otherwise fully compliant with the Savitt guidelines
to serve as a managing partner regardless of his or her personal residence.
I propose granting Mr. Davidson a reasonable amount oftinle to provide the responses. Once
Mr. Davidson provides his responses, I request time to provide a reply.
I also request a response from The Florida Bar to my complaint against Mr. Wilson made
December 26, 2018 to Mr. Doyle. Please advise if The Bar is waiting on the outcome in this UPL
complaint against Mr. Stone, File No. 20191041(17A), to decide the Wilson Complaint.
Under penalties of perjury, I declare that the foregoing facts are true, correct and complete.
Sincerely,
Enclosures
Algeisa Vazquez
Branch UPL Counsel
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
954-835-0233
USPS No.: 9405503699300446858677
Email: avazquez@floridabar.org
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P
OCALA FL 34481-3567
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The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
John F. Harkness, Jr. (954) 835-0233
Executive Director www.FLORIDABAR.org
In September 2016, you filed an unlicensed practice of law conlplaint against the
above-referenced individual. This matter was investigated by my office at the staff level.
However, I have been unable to develop sufficient information to proceed with an investigation.
If you have additional information regarding this matter, you may forward the information to me
and I will, of course, look into the matter further. However, due to insufficient information on
which to proceed, I am closing my file at this time.
Thank you for bringing this matter to the attention of The Florida Bar.
Sincerely,
AV/drk
1
The Florida Bar
651 E. Jefferson Street
Tallahassee, Florida 32399-2300
Joshua E. Doyle (850) 561-5840
Executive Director www.FLORIDABAR.org
January 8, 2019
Mr. Neil J. Gillespie
8092 SW 11 5th Loop
Ocala, FL 34481
This will confirm receipt of your unlicensed practice of law complaints against Richard Leibert,
Richard Raymer, and Denis Pierce. The gravamen of your complaints appears to be that these
individuals cannot operate as a law firm in Florida without being members of The Florida Bar.
However, Florida Supreme Court case law permits the fOffilation of interstate law firms with an
office or offices in Florida and elsewhere. The Florida Bar v. Savitt, 363 So. 2d 559 (Fla. 1978).
Florida Bar Rules also recognize the existence of interstate law firms. The comment section of Rule
4-8.6 of the Rules Regulating The Florida Bar provides, "This rule permits members of The Florida
Bar to engage in the practice of law with lawyers licensed to practice elsewhere in an authorized
business entity organized under the laws of another jurisdiction and qualified under the laws of
Florida (or vice-versa), but nothing in this rule is intended to affect the ability of non-members of
The Florida Bar to practice law in Florida," citing Savitt. None of these attorneys operates out of a
Florida office of McCalla Raymer Leibert Pierce LLC. Instead, they appear to be operating out of a
firm office where they are admitted to practice (Leibert(CT), Raymer(GA), and Pierce(IL)). Because
McCalla Raymer Leibert Pierce LLC appears to be an interstate law firm under Savitt, and these
attorneys are not operating out of a Florida office, they would not be engaged in the unlicensed
practice of law. Therefore, I have closed my file in these matters.
Thank you for bringing these matters to the attention of The Florida Bar.
Sincerely,
Jeffrey T. Picker
Bar Counsel
UPL Department, Headquarters
JTP/jr
2
4
5
2014 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# M11000002235 Mar 13, 2014
Entity Name: MCCALLA RAYMER, LLC Secretary of State
CC7140609724
Current Principal Place of Business:
1544 OLD ALABAMA ROAD
ROSWELL, GA 30076
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Title MGR
Name MCCORMICK, MICHAEL
Address 1544 OLD ALABAMA ROAD
City-State-Zip: ROSWELL GA 30076
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
6
2015 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# M11000002235 Feb 09, 2015
Entity Name: MCCALLA RAYMER, LLC Secretary of State
CC2494469577
Current Principal Place of Business:
1544 OLD ALABAMA ROAD
ROSWELL, GA 30076
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Address 1544 OLD ALABAMA ROAD Address 1544 OLD ALABAMA ROAD
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
7
2016 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# M11000002235 Mar 23, 2016
Entity Name: MCCALLA RAYMER, LLC Secretary of State
CC8489736864
Current Principal Place of Business:
1544 OLD ALABAMA ROAD
ROSWELL, GA 30076
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Address 1544 OLD ALABAMA ROAD Address 1544 OLD ALABAMA ROAD
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
8
2017 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# M11000002235 Feb 07, 2017
Entity Name: MCCALLA RAYMER LEIBERT PIERCE, LLC Secretary of State
CC4151845303
Current Principal Place of Business:
1544 OLD ALABAMA ROAD
ROSWELL, GA 30076
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
10
Authorized Person(s) Detail Continued :
Title AUTHORIZED, AUTHORIZED MEMBER Title MANAGER
Name PIERCE & ASSOCIATES, PC Name LEIBERT, RICHARD
Address 1 N. DEARBORN Address 50 WESTON STREET
SUITE 1200
City-State-Zip: HARTFORD CT 06120
City-State-Zip: CHICAGO IL 60602
Title MANAGER
Title MANAGER
Name JACOBSON, RICHARD
Name ROSSATO, CASEY
Address 50 WESTON STREET
Address 50 WESTON STREET
City-State-Zip: HARTFORD CT 06120
City-State-Zip: HARTFORD CT 06120
Title AUTHORIZED MEMBER
Title MANAGER
Name HUNT LEIBERT JACOBSON, PC
Name MILNE, GEOFFREY
Address 50 WESTON STREET
Address 50 WESTON STREET
City-State-Zip: HARTFORD CT 06120
City-State-Zip: HARTFORD CT 06120
2018 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT FILED
DOCUMENT# M11000002235 Apr 02, 2018
Entity Name: MCCALLA RAYMER LEIBERT PIERCE, LLC Secretary of State
CC9890561921
Current Principal Place of Business:
1544 OLD ALABAMA ROAD
ROSWELL, GA 30076
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
12
HUNTON
ANDREWS KURTH HUNTON ANDREWS KURTH LLP
1111 BRICKELL AVENUE
SUITE 2500
MIAMI, FLORIDA 33131
FILE NO:
February 20,2019
RECEIVED
Algeisa Vazquez, Esq.
Branch UPL Counsel FEB 2 1 2019
The Florida Bar
Lakeshore Plaza II
THE FLORIDA BAR
1300 Concord Terrace, Suite 130 UPL - FT. LAUDERDALE
Sunrise, FL 33323
I represent Mr. Marty Stone and the law firm McCalla Raymer Leibert Pierce LLC (McCalla)
in response to your letter of January 31, 2019 and the underlying current complaints by Mr.
Neil Gillespie.
I spoke with your very helpful and pleasant assistant yesterday to let you know that this letter
would be mailed today. In my conversation I referenced our previous communications in
regard to McCalla related to Michael Allgood (Bar file 20171020 (1 7c)). As you will recall,
that matter, also precipitated by a complaint from Mr. Gillespie, was resolved favorably to
McCalla primarily based on previous thorough inquiry into McCalla's Florida practice by then
Bar UPL counsel Lori Holcomb - Bar files 20110131(2), 20110132(2) and 20111033(2). In
that inquiry I supplied Ms. Holcomb with a memo dated June 20, 2011 from McCalla General
Counsel Susan Reid describing McCalla's general operating structure and practice in Florida.
A copy of that memo is attached for your convenience. The Bar determined in that inquiry that
McCalla was operating completely within the guidelines of Savitt as I believe you did also in
resolving the Allgood matter. I-Iere I provide an update to that memo from Ms. Reid which I
am confident will lead you and the Bar to the same conclusion regarding McCalla's current
practice in Florida. Once again we would hope you would agree that you do not need a copy of
the McCalla partnership agreement for the same reasons expressed in Allgood.
Given time constraints and my view that previous inquiries into the McCalla Florida practice
should resolve the current complaint, I have not been able to assemble complete responses to
ATLANTA AUSTIN BANGKOK BEIJING BOSTON BRUSSELS CHARLOTTE DALLAS DUBAI HOUSTON LONDON LOS ANGELES
MIAMI NEW YORK NORFOLK RESEARCH TRIANGLE PARK RICHMOND SAN FRANCISCO THE WOODLANDS TYSONS WASHINGTON, DC
www.HuntonAK.com
HUNTON
ANDREWS KURTH
the 12 questions in your letter. I am confident that the above is a complete and satisfactory
response to your first question which is paramount. I am providing a list of bona fide partners
licensed to practice in Florida (question 2) and a copy of Mr. Stone's business card and
letterhead (question 11) and have confirmed that he is not an applicant for admission to The
Florida Bar (question 8). In regard to your questions 5, 6, 7 and 10 I do not understand our
rules to restrict the ability of a non-Florida admitted law firm partner in an interstate law firm
otherwise fully compliant with the Savitt guidelines to serve as a managing partner regardless
of his or her personal residence.
Finally, to clarify, notwithstanding Mr. Gillespie's complaints about other McCalla attorneys, I
understand that his complaint only references Mr. Stone.
Thank you for your 'attention and please let me know if you have any questions.
Cordially yours,
g~b
Barry R. Davidson
Encls.
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SHIPMENTID [~ ]
MA7T33SF2WVYN
o Use the Print button in your browser to print this page to your laser printer.
II Fold the printed page in half and use it as your shipping label.
I' Place the shipping label in a transparent pouch and affix to your packa,ge so that the
entire label is visible.
e Take your package and this printed Shipping Label to your Drop-Off Location:
Hunton Andrews Kurth LLP UPS Drop-Off Deadline:
Fabio Caceres
MIAMI, FL 33131-3112
DO NOT PHOTOCOPY
Using a photocopy could delay the delivery of your package and will result in additional shipping charges.
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The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
This will confirm receipt of your rebuttal, received via electronic mail. In the future, please be
advised that my office prefers to only receive originals via regular mail or common carrier.
Please refrain from utilizing electronic mail to transmit correspondence unless I request
otherwise.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
Enclosed please find a copy of Neil J. Gillespie’s rebuttal to your response in the
above-referenced matter. This rebuttal is sent to you as a courtesy for your review. If you wish
to comment on the enclosed, please send your reply to me no later than April 1, 2019 via regular
mail or common carrier only.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
Enclosure
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
After my review of your correspondence dated February 20, 2019 and March 27, 2019, I am
requesting a more complete response and an opportunity to review the McCalla Raymer Leibert
Pierce, LLC (“MRLP”) partnership agreement. Please provide a detailed response to the
following:
1. MRLP General Counsel Susan Reid’s memorandum dated February 19, 2019 states
Mr. Stone does not practice law in any state, resides in Florida, and functions as the
firm’s CEO and Managing Partner. Please note, Rule 4-8.6(c) of the Rules
Regulating The Florida Bar provides that no person may serve as a partner,
manager, director, or executive officer of an authorized business entity that is
engaged in the practice of law in Florida unless such person is legally qualified to
render legal services in this state. R. Regulating Fla. Bar 4-8.6(c). Please clarify
what authorizes your client to serve as a managing partner and/or CEO of MRLP in
Florida.
2. Ms. Reid’s February 19, 2019 memorandum states your client “manages the Firm’s
business operations, leads the development of the Firm’s short and long term
strategies and creates and implements the Firm’s vision and mission.” Mr. Stone’s
activities appear to relate to the practice of law and are likely proscribed by the rule
cited above. Also, the activity may be proscribed by the Florida Supreme Court’s
holding that it is the unlicensed practice of law for a nonlawyer member of an
interstate partnership to engage in any professional activities in Florida except on a
transitory basis and incidental to “essentially out-of-state transactions; and
professional activities that constitute ‘coordinating-supervisory’ activities in
Mr. Barry R. Davidson
Re: Marty Stone
File No. 20191041(17A)
April 16, 2019
Page 2
3. While Mr. Stone manages the Firm’s business operations in the Fort Lauderdale
office, does he exercise supervisory control over any members of The Florida Bar
with respect to MRLP’s Florida client matters involving Florida law?
4. Provide a list of the names, dates of employment, and job duties of all individuals
currently working at MRLP’s Fort Lauderdale office.
5. Mr. Stone’s business card and website bio may give the public the misleading
impression he is a member of The Florida Bar or authorized to practice law in
Florida. Would your client be willing to modify his business card and bio to
comply with The Florida Bar v. Kaiser, 397 So. 2d 1132 (Fla. 1981)? If so, provide
a copy of Mr. Stone’s updated and corrected business card and website bio.
6. List all corrective action taken by MRLP as a result of our correspondence in this
matter.
I would appreciate receiving your written response no later than May 1, 2019. A supplemental
reply from you will assist my office in determining whether this is a matter which should be
referred to an unlicensed practice of law committee. Any response by you will become a part of
the UPL record in this matter and will be accessible to the public upon closure of the case.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
May 9, 2019
Rule 10-5.2, Rules Regulating The Florida Bar, sets forth the circumstances where
disqualification of a respondent’s lawyer due to conflict is required.
As such, you must immediately disclose any conflict of interest you may have with The Florida
Bar. Furthermore, The Florida Bar does not waive any potential conflict of interest by accepting
a Notice of Appearance or any other document acknowledging representation. Representation is
permitted only after receiving consent from the executive director or the board of governors.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
This will acknowledge receipt of your correspondence dated May 8, 2019 and May 16, 2019 in
the above-referenced matter. If any further information is needed, I will contact you. Thank you
for your cooperation.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
I am in receipt of your May 21, 2019 letter responding to my May 9, 2019 letter. The May 9
letter is a standard conflict letter which our office sends to all attorneys representing respondents.
Thank you for your reply.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
Received Fri 06/28/2019 10:42PM
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VIA UPS No.: lZ64589FP294044753 June 28, 2019
Via email: avazquez@floridabar.org
Attached is the last I heard from you, a letter dated March 15, 2019 that states in relevant part,
This will confirm receipt of your rebuttal, received via electronic mail. In the future,
please be advised that my office prefers to only receive originals via regular mail or
common carrier. Please refrain from utilizing electronic mail to transmit correspondence
unless I request otherwise.
Contrary to your assertion, my rebuttal was provided to you by U.S. Priority Mail, at a cost of
$7.35, tracking number 9405 5036 9930 0446 8586 77. (Exhibit 1). USPS tracking shows my
rebuttal was delivered March 16,2019 at 11:37 am to a mailbox in Fort Lauderdale, FL 33323.
(Exhibit 2). I emailed Mr. Davidson a copy of my rebuttal to save money as I am indigent.
On January 14, 2019 you wrote in part, "Thank you 'for bringing this matter to the attention of
The Florida Bar. You will be notified of the final disposition." Do you have a final disposition?
If so, you never notified me. This is public records request for the file once it is closed.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
'u Tel. 52-854-7807 ~
Email: neilgillespie@mfi.net Enclosures
Algeisa Vazquez June 28, 2019
Branch UPL Counsel
Algeisa Vazquez
Branch UPL Counsel
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
954-835-0233
VIA UPS No.: 1Z64589FP294044753
Email: avazquez@floridabar.org
2
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
March 15,2019
This will confinn receipt of your rebuttal, received via electronic mail. In the future, please be
advised that my office prefers to only receive originals via regular mail or common carrier.
Please refrain from utilizing electronic mail to transmit correspondence unless I request
otherwise.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
Page 1 of 2
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The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
January 14,2019
Your unlicensed practice of law complaint against Marty Stone which you sent to The Florida
Bar in Tallahassee was forwarded to me in the Ft. Lauderdale Branch because the complaint
form lists a Ft. Lauderdale address for the respondent. I have opened the above-referenced file at
staff level to evaluate your complaint.
Thank you for bringing this matter to the attention of The Florida Bar. You will be notified of
the final disposition.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
6/28/2019 Shipping | UPS - United States
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The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
July 8, 2019
We are writing you to acknowledge your letter dated June 28, 2019. The case remains open at
staff level and we will notify you of the final disposition. We noted your public records request
for the file upon closure, but we ask that you renew this request after the final disposition.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/td
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
August 6, 2019
This is to notify you that I have completed our staff level evaluation of the above-referenced
unlicensed practice of law complaint and have now referred the file to the Seventeenth Judicial
Circuit Unlicensed Practice of Law Committee “A” for further investigation and resolution. The
investigating committee member assigned to the file may contact you with questions or a request
for information. You will be notified of the final disposition of this matter.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
August 6, 2019
This is to notify you that I have completed our staff level evaluation of your unlicensed practice
of law complaint against the above-referenced individual and have now referred the file to the
Seventeenth Judicial Circuit Unlicensed Practice of Law Committee “A” for further investigation
and resolution. The investigating committee member assigned to the file may contact you with
questions or a request for information. You will be notified of the final disposition of this
matter.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
DEBTOR'S NOTICE OF FILING CRIMINAL COMPLAINT Gillespie to Melissa Zelniker-Presser, Chair, Seventeenth
TO FBI FOR RMS_MRLP.pdf Circuit UPL Committee.pdf
Ms. Zelniker-Presser:
Enclosed is a letter I received from Ali Vasquez dated August 6, 2019 regarding the UPL investigation of Marty Stone, File
No.20191041(17A), that states,
This is to notify you that I have completed our staff level evaluation of your unlicensed practice of law complaint against the
above-referenced individual and have now referred the file to the Seventeenth Judicial Circuit Unlicensed Practice of Law
Committee "A" for further investigation and resolution. The investigating committee member assigned to the file may contact
you with questions or a request for information. You will be notified of the final disposition of this matter.
Mr. Stone is the sole manager of McCalla, Raymer, Leibert & Pierce, LLC, in Florida, a law firm operating unlawfully in
Florida, and without authorization in my Chapter 13 bankruptcy, Neil Gillespie, Debtor, Case No. 3:19-bk-00808-JAF, U.S.
Bankruptcy Court, Middle District of Florida, Jacksonville Division.
Tellingly Ali’s letter failed to identify you as Chair, or mention that she is a member of UPL Committee A of the Seventeenth
Judicial Circuit as staff liaison. I found information online for the Seventeenth Judicial Circuit Unlicensed Practice of Law
Committee "A", see attached.
Recently Rick Courtemanche, Deputy General Counsel of The Florida Bar, did not disagree with my characterization of The
Bar as an ongoing criminal organization (18 U.S.C. §§ 1961–1968) [the RICO statute] that subjects the population to a
deprivation of rights under color of law (18 U.S.C. § 242), and in my view its usurpation of government may meet the
definition of domestic terrorism (18 U.S.C. § 2331(5)) and/or crimes against humanity that subjects the population to a
deprivation of rights under color of law (18 U.S.C. § 242). My email to Rick is attached.
That explains the deprivation of rights under color of law in my bankruptcy case:
● U.S. Bankruptcy Judge Jerry A. Funk, member of TFB, a domestic terror organization.
● Trustee: Douglas W. Neway, et al, members of TFB, a domestic terror organization
● Melbalynn Fisher, Kenia L Molina, Ashley Prager Popowitz and the gang at McCalla, Raymer, Leibert & Pierce, LLC, all
members of TFB, a domestic terror organization.
And the investigators of lawyer misconduct, all members of TFB, a domestic terror organization.
Even the Clerk of the U.S. Bankruptcy Court, MDFL, Jacksonville, may be compromised. See attached DEBTOR’S NOTICE
OF FILING CRIMINAL COMPLAINT TO FBI FOR REVERSE MORTGAGE SOLUTIONS, INC. AND MCCALLA
RAYMER LIEBERT PIERCE LLC
Filed on September 11, 2019, the above pleading still does not appear on PACER. Note to Gull Weaver of the Clerk’s office,
wgull@flmb.uscourts.gov
I do not expect the FBI to take action, in fact, Special Agent In Charge Eric W. Sporre is gone from his post. Perhaps The
Bar’s Executive Director Mr. Doyle knows why SAIC Spoore is gone; Doyle is a former FBI agent himself. The Bar did not
find misconduct in the complaint when submitted as an ethics complaint. The Florida courts did not find anything unlawful
either.
Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Email: neilgillespie@mfi.net
Ms. Zelniker-Presser:
Enclosed is a letter I received from Ali Vasquez dated August 6, 2019 regarding the UPL
investigation of Marty Stone, File No.20191041(17A), that states,
This is to notify you that I have completed our staff level evaluation of your unlicensed
practice of law complaint against the above-referenced individual and have now referred
the file to the Seventeenth Judicial Circuit Unlicensed Practice of Law Committee "A"
for further investigation and resolution. The investigating committee member assigned to
the file may contact you with questions or a request for information. You will be notified
of the final disposition of this matter.
Mr. Stone is the sole manager of McCalla, Raymer, Leibert & Pierce, LLC, in Florida, a law firm
operating unlawfully in Florida, and without authorization in my Chapter 13 bankruptcy,
Neil Gillespie, Debtor, Case No. 3:19-bk-00808-JAF, U.S. Bankruptcy Court, Middle District of
Florida, Jacksonville Division.
Tellingly Ali’s letter failed to identify you as Chair, or mention that she is a member of UPL
Committee A of the Seventeenth Judicial Circuit as staff liaison. I found information online for
the Seventeenth Judicial Circuit Unlicensed Practice of Law Committee "A", see attached.
Recently Rick Courtemanche, Deputy General Counsel of The Florida Bar, did not disagree with
my characterization of The Bar as an ongoing criminal organization (18 U.S.C. §§ 1961–1968)
[the RICO statute] that subjects the population to a deprivation of rights under color of law (18
U.S.C. § 242), and in my view its usurpation of government may meet the definition of domestic
terrorism (18 U.S.C. § 2331(5)) and/or crimes against humanity that subjects the population to a
deprivation of rights under color of law (18 U.S.C. § 242). My email to Rick is attached.
That explains the deprivation of rights under color of law in my bankruptcy case:
• U.S. Bankruptcy Judge Jerry A. Funk, member of TFB, a domestic terror organization.
• Trustee: Douglas W. Neway, et al, members of TFB, a domestic terror organization
• Melbalynn Fisher, Kenia L Molina, Ashley Prager Popowitz and the gang at McCalla,
Raymer, Leibert & Pierce, LLC, all members of TFB, a domestic terror organization.
Melissa Zelniker-Presser, Chair September 13, 2019
Seventeenth Circuit UPL Committee
And the investigators of lawyer misconduct, all members of TFB, a domestic terror organization.
Even the Clerk of the U.S. Bankruptcy Court, MDFL, Jacksonville, may be compromised. See
attached DEBTOR’S NOTICE OF FILING CRIMINAL COMPLAINT TO FBI FOR REVERSE
MORTGAGE SOLUTIONS, INC. AND MCCALLA RAYMER LIEBERT PIERCE LLC
Filed on September 11, 2019, the above pleading still does not appear on PACER. Note to Gull
Weaver of the Clerk’s office, wgull@flmb.uscourts.gov
I do not expect the FBI to take action, in fact, Special Agent In Charge Eric W. Sporre is gone
from his post. Perhaps The Bar’s Executive Director Mr. Doyle knows why SAIC Spoore is
gone; Doyle is a former FBI agent himself. The Bar did not find misconduct in the complaint
when submitted as an ethics complaint. The Florida courts did not find anything unlawful either.
Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Email: neilgillespie@mfi.net
McCalla, Raymer, Leibert & Pierce, LLC, on behalf of Creditor Reverse Mortgage Solutions,
Inc. Melbalynn Fisher, Kenia L Molina, Ashley Prager Popowitz
Melbalynn.Fisher@mcccalla.com, FLBKECF@mccalla.com
Kenia.Molina@mccalla.com, FLBKECF@mccalla.com
Ashley.popowitz@mrpllc.com, FLBKECF@mrpllc.com
2
Page 1 of 4
Neil Gillespie
Rick Courtemanche
Deputy General Counsel
rcourtemanche@floridabar.org
Mr. Courtemanche,
Your response does not provide records showing the dates involved. Furthermore, you say the Florida
Constitution grants the Supreme Court (FSC) the "exclusive authority to regulate attorneys" through
adoption of the Rules Regulating the Florida Bar, but that is incorrect.
If you read Art. V sec 15, the "exclusive jurisdiction" cited has two parts:
The regulation of admission of persons to the practice of law was delegated to the Florida Board of Bar
Examiners, and the discipline of persons admitted was delegated to The Florida Bar.
If the Florida Constitution grants the FSC "exclusive authority", then the FSC cannot delegate its
"exclusive authority" to a private, unincorporated trade association like The Florida Bar. (or to a private
FBBE). I believe the FSC has violated Art V sec 15 by relinquishing its "exclusive authority" to the
private sector. If the FSC has violated Art. V sec 15, I believe its acts are performed as part of an
ongoing criminal organization (18 U.S.C. §§ 1961–1968) that subjects the population to a deprivation of
rights under color of law (18 U.S.C. § 242).
For its part, The Florida Bar is without legitimate legal authority, beyond that of a private,
unincorporated trade association, and in my view its usurpation of government may meet the definition
of domestic terrorism (18 U.S.C. § 2331(5)) and/or crimes against humanity that subjects the population
to a deprivation of rights under color of law (18 U.S.C. § 242).
If you cannot provide the records requested, I will proceed on that basis. Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
9/13/2019
Page 2 of 4
Mr. Gillespie:
As I stated earlier, the Florida Constitution grants the Supreme Court the exclusive authority
to regulate attorneys. As such, they do so through adoption of the Rules Regulating the
Florida Bar.
Thanks.
Rick Courtemanche
Deputy General Counsel
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
850-561-5788 (Direct)
800-342-8060 Ext. 5788 (Toll-Free)
rcourtemanche@floridabar.org
From: Neil Gillespie <neilgillespie@mfi.net>
Sent: Monday, July 22, 2019 10:19 AM
To: The Florida Bar Public Records <noreplyfloridabar@mycusthelp.net>; Courtemanche,
Richard <RCourtemanche@floridabar.org>; Doyle, Joshua <jdoyle@floridabar.org>; Neil
Gillespie <neilgillespie@mfi.net>
Subject: Re: Mr. Neil Gillespie - General/Multiple Requests Records :: W007158-072219
Rick Courtemanche
Deputy General Counsel
rcourtemanche@floridabar.org
Mr. Courtemanche,
Provide records showing the date, and by what legal authority, the Supreme Court of Florida
designated the board of governors, grievance committees, and referees as agencies of the Court as set
9/13/2019
Page 3 of 4
Provide records showing the date, and by what legal authority, the Supreme Court of Florida and/or
The Florida Bar designated disciplinary authority to the Circuit Courts in RULE 3-3.5 CIRCUIT
COURT JURISDICTION contrary to Art. V, sec 15 of the Fla. Const.
Provide records showing the date, and by what legal authority, the Supreme Court of Florida and/or
The Florida Bar can supersede sections 454.18, 454.31, and 454.32, Florida Statutes (1991), as claimed
in Rule 3-7.14, while respecting branches of government, Art. II, Sec. 3
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
----- Original Message -----
From: The Florida Bar Public Records
To: neilgillespie@mfi.net
Sent: Monday, July 22, 2019 9:22 AM
Subject: Mr. Neil Gillespie - General/Multiple Requests Records :: W007158-072219
July 22, 2019
Mr. Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481
Public Records Request: W007158-072219 of 7/22/2019
Record Type: General/Multiple Requests Records
Request Description: 1. What legal authority, the Supreme Court of Florida designated the board of governors,
grievance committees, and referees as agencies of the Court as set forth in Florida Bar Rule 3-3.1; 2. what
legal authority, the Supreme Court of Florida and/or The Florida Bar designated disciplinary authority to the
Circuit Courts in RULE 3-3.5 CIRCUIT COURT JURISDICTION contrary to Art. V, sec 15 of the Fla.
9/13/2019
Page 4 of 4
Const.; 3. what legal authority, the Supreme Court of Florida and/or The Florida Bar can supersede sections
454.18, 454.31, and 454.32, Florida Statutes (1991), as claimed in Rule 3-7.14, while respecting branches of
government, Art. II, Sec. 3,
The Florida Bar acknowledges receipt of your public record request dated July 22, 2019, and I am
responding in accordance with Rule 2.420, Florida Rules of Judicial Administration, and applicable
law. Please send all communication regarding this request to my attention.
Please note that Article V, section 15 of the Florida Constitution which grants the Supreme Court the
exclusive authority to regulate the admission and discipline of lawyers.
If you have any further questions, please feel free to contact me at your earliest convenience.
Sincerely,
Rick Courtemanche
Deputy General Counsel
rcourtemanche@floridabar.org
850-561-5788
9/13/2019
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
August 6,2019
This is to notify you that I have completed our staff level evaluation of your unlicensed practice
of law complaint against the above-referenced individual and have now referred the file to the
Seventeenth Judicial Circuit Unlicensed Practice of Law Committee "A" for further investigation
and resolution. The investigating con1mittee n1ember assigned to the file may contact you with
questions or a request for information. You will be notified of the final disposition of this
matter.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
Melissa Zelniker-Presser
Chair
Term: 2022
Bar #586943
Lorna E Brown-Burton
Designated Reviewer
Term: 2020
https://www.floridabar.org/about/cmtes/cmte-up023/ 1/3
9/13/2019 Unlicensed Practice of Law Committee – Seventeenth Circuit UPL Committee ‘A’ – The Florida Bar
Bar #703419
Lubell | Rosen
Museum Plaza
200 S. Andrews Ave., Suite 900
Fort Lauderdale, FL 33301
Of ce: 954-463-8322
Fax: 954-514-9001
lornab@lebburtonlaw.com
Andrew B Dunkiel
Member
Term: 2025
Bar #98387
City Attorney's Of ce
9500 W Sample Rd
Coral Springs, FL 33065-4104
Of ce: 954-344-5977
Cell: 954-344-5977
Fax: 954-344-5930
adunkiel@coralsprings.org
https://www.floridabar.org/about/cmtes/cmte-up023/ 2/3
9/13/2019 Unlicensed Practice of Law Committee – Seventeenth Circuit UPL Committee ‘A’ – The Florida Bar
Of ce: 954-835-0302
Cell: 954-835-0302
Fax: 954-835-0304
eharvey@sagelaw.com
J. Preston Jones
Public Member
Term: 2021
https://www.floridabar.org/about/cmtes/cmte-up023/ 3/3
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
Debtor.
______________________/
Debtor, NEIL GILLESPIE, age 63 and suffering the infirmaries of aging, an indigent
non-lawyer, unable to obtain adequate counsel, a consumer of legal and court services affecting
interstate commerce, a consumer of personal, family and household goods and services,
reluctantly appears pro se, here in the first person, files Debtors Notice of Filing Criminal
Complaint To FBI For Reverse Mortgage Solutions, Inc. and McCalla Raymer Liebert, Pierce
1. I am the Debtor Neil Gillespie, a.k.a. Neil J. Gillespie, and/or Neil Joseph Gillespie.
2. On July 29, 2019, I filed a criminal complaint with Eric W. Sporre, Special Agent in
Charge, Federal Bureau of Investigation, Tampa Division, pursuant to Title 18 of the United
States Code (U.S.C.), including but not limited to 18 U.S.C. § 371, and requested he investigate
the fraud or impairment of a legitimate government activity, a federal Home Equity Conversion
Mortgage by Danielle Nicole Parsons, Florida Bar ID 29364 (n.k.a. Danielle Nicole Waters),
formerly of the law firm McCalla Raymer Leibert Pierce, LLC, and Debbie Sims, Vice
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF
President, Reverse Mortgage Solutions, Inc. for FHA Case Number: 091-4405741 and
delivered 07/30/2019 at 3:02 PM to 5525 W Gray St., Tampa, FL, 33609, received by ORTIZ.
Pursuant to Title 18 of the United States Code (U.S.C.), including but not limited to 18 U.S.C. §
371, I request you investigate the fraud or impairment of a legitimate government activity, a
federal Home Equity Conversion Mortgage by Danielle Nicole Parsons, Florida Bar ID 29364
(n.k.a. Danielle Nicole Waters), formerly of the law firm McCalla Raymer Leibert Pierce, LLC,
and Debbie Sims, Vice President, Reverse Mortgage Solutions, Inc.
On January 9, 2013 Ms. Parsons, counsel for Ms. Sims and Reverse Mortgage Solutions, Inc.
(RMS), violated federal and state laws with the filing of a Verified Complaint To Foreclose
Home Equity Conversion Mortgage, and a civil cover sheet. (“Verified Complaint”). Exhibit A.
The case is captioned Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al.
Plaintiff: Reverse Mortgage Solutions, Inc. (RMS); Debbie Sims, Vice President.
Defendants: Neil J. Gillespie, et al.
Court: Marion County Circuit Civil, Case No. 2013-CA-000115
FRAUD BY MS. PARSONS, MS. SIMS, and REVERSE MORTGAGE SOLUTIONS, INC.
2
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF
Ms. Parsons, and Ms. Sims for Reverse Mortgage Solutions, Inc., falsely verified, in the
following particulars, the Verified Complaint and civil cover sheet:
• No Exhibits attached to the Verified Complaint that are identifiable with the pleadings; no
identifiable mortgage(s), no identifiable note(s) and no identifiable assignment of mortgage.
• Plaintiff demands a deficiency judgment, but none is allowed under the HECM rules.
Some of the applicable Federal criminal statutes which may be charged in connection with
Mortgage Fraud include:
The Florida Supreme Court [SC09-1460] amended Rule 1.110(b) to require verification of
mortgage foreclosure complaints involving residential real property. In re Amendments to the
Florida Rules of Civil Procedure, 44 So.3d 555, 556 (Fla. 2010).1
1
See also In re Amendments to the Fla. Rules of Civil Procedure–Form 1.996 (Final Judgment of
Foreclosure), 51 So.3d 1140, 1140–41 (Fla.2010) (“In light of recent reports of alleged document fraud
and forgery in mortgage foreclosure cases, this new requirement is particularly important.”).
3
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF
Florida Rule of Civil Procedure 1.110(b) and section 92.525, Florida Statutes (2011), govern
verification. Rule 1.110(b) provides, in pertinent part, as follows:
When filing an action for foreclosure of a mortgage on residential real property the
complaint shall be verified. When verification of a document is required, the document
filed shall include an oath, affirmation, or the following statement:
“Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.”
(2) A written declaration means the following statement: “Under penalties of perjury, I
declare that I have read the foregoing [document] and that the facts stated in it are true,”
followed by the signature of the person making the declaration, except when a
verification on information or belief is permitted by law, in which case the words “to the
best of my knowledge and belief” may be added. The written declaration shall be printed
or typed at the end of or immediately below the document being verified and above the
signature of the person making the declaration.
This Verified Complaint was wrongly filed as a “Commercial foreclosure $50,001 -$249,999”
shown on Form 1.997 CIVIL COVER SHEET, II. TYPE OF CASE, attached to the Verified
Complaint, and signed by Plaintiff’s counsel Danielle Parsons, who represented “I CERTIFY
that the information I have provided in this cover sheet is accurate to the best of my knowledge
and belief”. Counsel’s certification is false. This properly is the homestead of Neil Gillespie
under Section 4, Article X of the Florida Constitution. This action is a “Homestead residential
4
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF
There are no Exhibits attached to the Verified Complaint that are identifiable with the pleadings.
The Verified Complaint alleges at paragraph 2, “Copies of the Note and Mortgage are attached
as Exhibits "A" and "B," respectively.” This is false. There is nothing attached as “Exhibits "A"
and "B," respectively”.
Instead, defective copies of the HECM Note and Second Note taken from my HUD complaint of
August 8, 2012 appear as Exhibits 11 and 12, and are missing the Direct Endorsement Allonge
that became “a permanent part of said Note on May 29, 2008” which date occurred a week
before the HECM closing June 5, 2008, when the Note and Mortgage were executed and
delivered from the Borrowers to the Lender, Liberty Reverse Mortgage, Inc. Somehow Liberty
sold a nonexistent Note and Mortgage to Bank of America. This is a fatal defect to the chain of
custody of the HECM Note and Mortgage.
Likewise, defective copies of the HECM Mortgage and Second Mortgage taken from my HUD
complaint are attached as Exhibits 32 and 33, and show interlineation after execution, hand-
written alterations, not initialed and not dated, which vitiates the Mortgage. This defect only
became known to me in July 2012 when I found it filed with the Clerk.
Paragraph 3 of the Verified Complaint alleges, “Copies of the relevant Assignments of Mortgage
are attached as Composite Exhibit "C."” This is false. Nothing is attached as “Composite Exhibit
"C."” Instead, a single unmarked page, Assignment of Mortgage, March 27, 2012, from Bank of
America to the Plaintiff, appears at the end of the Verified Complaint. Any previous
assignments of mortgage are missing.
The Verified Complaint alleges at paragraph 4 entitlement to enforce the Note and Mortgage, but
the Plaintiff has not provided copies of the Note and Mortgage as pled.
The Plaintiff alleged in the Verified Complaint, paragraph 2, “Copies of the Note and Mortgage
are attached as Exhibits “A” and “B” respectively”. Plaintiff’s statement is false. There are no
Exhibits “A” and “B” attached to the Complaint. The only exhibits attached to the Complaint are
numbered, not lettered. Those exhibits are numbered 11, 12, 32 and 33 and therefore impossible
to relate to the Verified Complaint or the Plaintiff’s alleged claims therein.
The Verified Complaint, in paragraph 3, states “The described subject Mortgage was
subsequently assigned to Plaintiff. Copies of the relevant Assignments of Mortgage are attached
as Composite Exhibit "C."” Plaintiff’s statement is false. There is no Composite Exhibit “C”
attached to the Complaint. There is a single page attached purporting to be an Assignment of
Mortgage attached but it is not marked in any way as an Exhibit or Composite and therefore
impossible to relate to the Verified Complaint or the Plaintiff’s alleged claims therein.
5
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF
The Verified Complaint is verified pursuant to Rule 1.110(b), Fla. R. Civ. P., by Debbie Sims,
Vice President, Reverse Mortgage Solutions, Inc., on December 20, 2012, and includes the
following statement:
UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and that the
facts alleged therein are true and correct to the best of my knowledge and belief.
Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and that
the facts alleged therein were true and correct. The Verified Complaint at paragraph 2 states a
fact: “Copies of the Note and Mortgage are attached as Exhibits “A” and “B” respectively”. This
fact is not true and correct. This statement is false. Exhibits “A” and “B” are not attached.
Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and that
the facts alleged therein were true and correct. The Verified Complaint at paragraph 3 states a
fact: “Copies of the relevant Assignments of Mortgage are attached as Composite Exhibit "C."”
This fact is not true and correct. This statement is false. Composite Exhibit “C” is not attached.
Debbie Sims, by alleging facts under penalty of perjury as true and correct, when those facts are
not true and correct, violated section 837.06, Florida Statutes, False official statements.
Debbie Sims knowingly made a false statement in writing with the intent to mislead this Court to
benefit the Plaintiff in this HECM reverse mortgage residential home foreclosure.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
neilgillespie@mfi.net
352-854-7807
Enclosures
6
Neil Gillespie, Chapter 13
Case No.3: 19-bk-00808-JAF
Certificate of Service
I HEREBY CERTIFY the foregoing pleading was shipped to the Court in paper format
on September 11,2019 by UPS. I expect the foregoing pleading will be served to those parties
receiving CMIECF service, including, Creditor Reverse Mortgage Solutions, Inc., through
McCalla Raymer Leibert Pierce, LLC, counsel Melbalynn Fisher, and counsel Ashley Prager
Popowitz; and Douglas W Neway, Trustee, and Marsha M. Brown Staff Attorney.
7
Eric W. Sporre July 29, 2019
Special Agent in Charge
Federal Bureau of Investigation
5525 West Gray Street
Tampa, FL 33609
Email: tampa.division@ic.fbi.gov
VIA UPS No. 1Z64589FP297363886
Pursuant to Title 18 of the United States Code (U.S.C.), including but not limited to 18 U.S.C. §
371, I request you investigate the fraud or impairment of a legitimate government activity, a
federal Home Equity Conversion Mortgage by Danielle Nicole Parsons, Florida Bar ID 29364
(n.k.a. Danielle Nicole Waters), formerly of the law firm McCalla Raymer Leibert Pierce, LLC,
and Debbie Sims, Vice President, Reverse Mortgage Solutions, Inc.
On January 9, 2013 Ms. Parsons, counsel for Ms. Sims and Reverse Mortgage Solutions, Inc.
(RMS), violated federal and state laws with the filing of a Verified Complaint To Foreclose
Home Equity Conversion Mortgage, and a civil cover sheet. (“Verified Complaint”). Exhibit A.
The case is captioned Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al.
Plaintiff: Reverse Mortgage Solutions, Inc. (RMS); Debbie Sims, Vice President.
Defendants: Neil J. Gillespie, et al.
Court: Marion County Circuit Civil, Case No. 2013-CA-000115
FRAUD BY MS. PARSONS, MS. SIMS, and REVERSE MORTGAGE SOLUTIONS, INC.
Ms. Parsons, and Ms. Sims for Reverse Mortgage Solutions, Inc., falsely verified, in the
following particulars, the Verified Complaint and civil cover sheet:
• No Exhibits attached to the Verified Complaint that are identifiable with the pleadings; no
identifiable mortgage(s), no identifiable note(s) and no identifiable assignment of mortgage.
• Plaintiff demands a deficiency judgment, but none is allowed under the HECM rules.
Eric W. Sporre July 29, 2019
Special Agent in Charge
Federal Bureau of Investigation
The Florida Supreme Court [SC09-1460] amended Rule 1.110(b) to require verification of
mortgage foreclosure complaints involving residential real property. In re Amendments to the
Florida Rules of Civil Procedure, 44 So.3d 555, 556 (Fla. 2010).1
Florida Rule of Civil Procedure 1.110(b) and section 92.525, Florida Statutes (2011), govern
verification. Rule 1.110(b) provides, in pertinent part, as follows:
When filing an action for foreclosure of a mortgage on residential real property the
complaint shall be verified. When verification of a document is required, the document
filed shall include an oath, affirmation, or the following statement:
“Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.”
1
See also In re Amendments to the Fla. Rules of Civil Procedure–Form 1.996 (Final Judgment of
Foreclosure), 51 So.3d 1140, 1140–41 (Fla.2010) (“In light of recent reports of alleged document fraud
and forgery in mortgage foreclosure cases, this new requirement is particularly important.”).
2
Eric W. Sporre July 29, 2019
Special Agent in Charge
Federal Bureau of Investigation
(2) A written declaration means the following statement: “Under penalties of perjury, I
declare that I have read the foregoing [document] and that the facts stated in it are true,”
followed by the signature of the person making the declaration, except when a
verification on information or belief is permitted by law, in which case the words “to the
best of my knowledge and belief” may be added. The written declaration shall be printed
or typed at the end of or immediately below the document being verified and above the
signature of the person making the declaration.
This Verified Complaint was wrongly filed as a “Commercial foreclosure $50,001 -$249,999”
shown on Form 1.997 CIVIL COVER SHEET, II. TYPE OF CASE, attached to the Verified
Complaint, and signed by Plaintiff’s counsel Danielle Parsons, who represented “I CERTIFY
that the information I have provided in this cover sheet is accurate to the best of my knowledge
and belief”. Counsel’s certification is false. This properly is the homestead of Neil Gillespie
under Section 4, Article X of the Florida Constitution. This action is a “Homestead residential
foreclosure $50,001 -$249,999”. Oak Run is a residential 55+ community. No commercial
activity is permitted. The HECM reverse mortgage was made on the residential property. It
appears counsel’s false declaration was intended to deceive the Clerk and the Court that this is a
commercial foreclosure, in violation of F.S. § 837.06, False official statements.
There are no Exhibits attached to the Verified Complaint that are identifiable with the pleadings.
The Verified Complaint alleges at paragraph 2, “Copies of the Note and Mortgage are attached
3
Eric W. Sporre July 29, 2019
Special Agent in Charge
Federal Bureau of Investigation
as Exhibits "A" and "B," respectively.” This is false. There is nothing attached as “Exhibits "A"
and "B," respectively”.
Instead, defective copies of the HECM Note and Second Note taken from my HUD complaint of
August 8, 2012 appear as Exhibits 11 and 12, and are missing the Direct Endorsement Allonge
that became “a permanent part of said Note on May 29, 2008” which date occurred a week
before the HECM closing June 5, 2008, when the Note and Mortgage were executed and
delivered from the Borrowers to the Lender, Liberty Reverse Mortgage, Inc. Somehow Liberty
sold a nonexistent Note and Mortgage to Bank of America. This is a fatal defect to the chain of
custody of the HECM Note and Mortgage.
Likewise, defective copies of the HECM Mortgage and Second Mortgage taken from my HUD
complaint are attached as Exhibits 32 and 33, and show interlineation after execution, hand-
written alterations, not initialed and not dated, which vitiates the Mortgage. This defect only
became known to me in July 2012 when I found it filed with the Clerk.
Paragraph 3 of the Verified Complaint alleges, “Copies of the relevant Assignments of Mortgage
are attached as Composite Exhibit "C."” This is false. Nothing is attached as “Composite Exhibit
"C."” Instead, a single unmarked page, Assignment of Mortgage, March 27, 2012, from Bank of
America to the Plaintiff, appears at the end of the Verified Complaint. Any previous
assignments of mortgage are missing.
The Verified Complaint alleges at paragraph 4 entitlement to enforce the Note and Mortgage, but
the Plaintiff has not provided copies of the Note and Mortgage as pled.
The Plaintiff alleged in the Verified Complaint, paragraph 2, “Copies of the Note and Mortgage
are attached as Exhibits “A” and “B” respectively”. Plaintiff’s statement is false. There are no
Exhibits “A” and “B” attached to the Complaint. The only exhibits attached to the Complaint are
numbered, not lettered. Those exhibits are numbered 11, 12, 32 and 33 and therefore impossible
to relate to the Verified Complaint or the Plaintiff’s alleged claims therein.
The Verified Complaint, in paragraph 3, states “The described subject Mortgage was
subsequently assigned to Plaintiff. Copies of the relevant Assignments of Mortgage are attached
as Composite Exhibit "C."” Plaintiff’s statement is false. There is no Composite Exhibit “C”
attached to the Complaint. There is a single page attached purporting to be an Assignment of
Mortgage attached but it is not marked in any way as an Exhibit or Composite and therefore
impossible to relate to the Verified Complaint or the Plaintiff’s alleged claims therein.
The Verified Complaint is verified pursuant to Rule 1.110(b), Fla. R. Civ. P., by Debbie Sims,
Vice President, Reverse Mortgage Solutions, Inc., on December 20, 2012, and includes the
following statement:
UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and that the
facts alleged therein are true and correct to the best of my knowledge and belief.
4
Eric W. Sporre July 29, 2019
Special Agent in Charge
Federal Bureau of Investigation
Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and that
the facts alleged therein were true and correct. The Verified Complaint at paragraph 2 states a
fact: “Copies of the Note and Mortgage are attached as Exhibits “A” and “B” respectively”. This
fact is not true and correct. This statement is false. Exhibits “A” and “B” are not attached.
Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and that
the facts alleged therein were true and correct. The Verified Complaint at paragraph 3 states a
fact: “Copies of the relevant Assignments of Mortgage are attached as Composite Exhibit "C."”
This fact is not true and correct. This statement is false. Composite Exhibit “C” is not attached.
Debbie Sims, by alleging facts under penalty of perjury as true and correct, when those facts are
not true and correct, violated section 837.06, Florida Statutes, False official statements.
Debbie Sims knowingly made a false statement in writing with the intent to mislead this Court to
benefit the Plaintiff in this HECM reverse mortgage residential home foreclosure.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
neilgillespie@mfi.net
352-854-7807
Enclosures
5
7/29/2019 Create a Shipment | UPS - United States
1. Ensure there are no other shipping or tracking labels attached to your package. Select the Print button on
the print dialog box that appears. Note: If your brow ser does not support this function select Print from the File menu to
print the label.
2. Fold the printed label at the solid line below . Place the label in a UPS Shipping Pouch. If you do not have a pouch,
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7/30/2019 Tracking Details | UPS
Proof of Delivery
Dear Customer,
This notice serves as proof of delivery for the shipment listed below.
Tracking Number
1Z64589FP297363886
Weight
1.00 LBS
Service
UPS Ground
Shipped / Billed On
07/29/2019
Delivered On
07/30/2019 3:02 P.M.
Delivered To
5525 W GRAY ST
TAMPA, FL, 33609, US
Received By
ORTIZ
Left At
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within the last 120 days. Please print for your records if you require this information after 120 days.
Sincerely,
UPS
Tracking results provided by UPS: 07/30/2019 5:59 P.M. EST
1/1
MORTGAGE FRAUD IS
INVESTIGATED BY THE FBI
Some of the applicable Federal criminal statutes which may be charged in connection with
Mortgage Fraud include:
Unauthorized use of the FBI seal, name, and initials is subject to prosecution under Sections 701, 709, and 712 of Title 18 of the United
States Code. This advisement may not be changed or altered without the specific written consent of the Federal Bureau of Investigation, and
is not an endorsement of any product or service.
MARK GILLESPIE; NEIL J. GILLESPIE; DEVELOPMENT & CONSTRUCTION
CORPORATION OF AMERICA; UNKNOWN SPOUSE OF ELIZABETH BAUERLE;
UNKNOWN SPOUSE OF MARK GILLESPIE; UNKNOWN SPOUSE OF NEIL J.
GILLESPIE; UNKNOWN SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; UNKNOWN TRUSTEES,
SETTLERS AND BENEFICIARIES OF UNKNOWN SETTLERS/BENEFICIARIES OF THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; and
UNKNOWN TENANT IN POSSESSION 1 and UNKNOWN TENANT IN POSSESSION 2
and alleges:
Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof
as recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public
Records of Marion County, Florida.
and commonly known as 8092 SW 115TH LOOP, OCALA, FL 34481. Copies of the Note and
Mortgage are attached as Exhibits "A" and "B," respectively.
4. Plaintiffis entitled to enforce the Note and Mortgage, pursuant to F.S. § 673.3011,
as the owner and holder of an instrument.
6. Pursuant to Paragraph 9(a) of the subject mortgage, lender may require immediate
payment in full if borrower dies and the property is not the principal residence of at least one
surviving borrower.
7.
The property is now owned by Defendants, NEIL J. GILLESPIE and MARK
GIL ~SPIE,
individually and as co-trustees of THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,1997, and ELIZABETH BAUERLE.
752670 12-02121-2
8. Plaintiff declares the full amount payable under the Note and Mortgage to be due,
together with interest from September 16, 2009, late charges, advancements, and all costs of
collection including, but not limited to, title search expense for ascertaining necessary parties to
this action and reasonable attorney's fees. The principal balance due on the Note and Mortgage,
as of the date of default is $107,506.53.
9. Plaintiff is obligated to pay Plaintiff's attorneys a reasonable fee for their services.
10. All conditions precedent to the acceleration of the Note and to the foreclosure of
the Mortgage have been nlet, complied with, and fulfilled prior to bringing the present
foreclosure action.
11. Defendant, ELIZABETH BAUERLE, is joined by virtu~ of any right, title ·or
interest said Defendant may claim as an heir at law or as a beneficiary of PENELOPE
GILLESPIE, Deceased or any interest in the subject real property by or through said deceased
person.
12. Defendant, NEIL J. GILLESPIE, is joined by virtue of any right, title Qr interest
said Defendant may claim .as an heir at law or as a beneficiary of PENELOPE GILLESPIE,
Deceased or any interest in the subject real property by or through said deceased person.
13. Defendant, MARK GILLESPIE, is joined by virtue of any right, title or interest
said Defendant may claim as an heir at law or as a beneficiary of PENELOPE GILLESPIE,
Deceased or any interest in the subject real property by or through said deceased person.
752670 12-02121-2
18. Defendants, UNKNOWN TENANT IN POSSESSION 1 and UNKNOWN
TENANT IN POSSESSION 2, are joined by virtue of any right, title or interest said Defendants
may claim as tenants in the property pursuant to a lease agreement, either written or oral. Said
interest is subject, subordinate, and inferior to the lien,ofthe Mort,gage held by Plaintiff.
23. The Mortgage of the Plaintiff is a lien superior in dignity to the right, title, claim
of lien or interest of all the Defendants, known or unknown, in this case, or any of them.
WHEREFORE, Plaintiff requests this Honorable Court grant judgment in its favor as
follows:
a. Take jurisdiction of the parties hereto and of the subject matter hereof;
b. Order that the lien of Plaintiffs Mortgage is a valid first lien on the Property described
and is superior to any lien of record; .
c. Order foreclosure of the Mortgage, and that all Defendants, named herein, their estates,
and all persons claiming under or against them since the filing of the Notice of Lis
Pendens, be foreclosed;
d. Detennine the amount due Plaintiff under the Note and Mortgage sued upon herein;
e. Order that if said sum due Pl~intf is not paid in full within the time set by this Court, the
Property be sold by Order of this Court to satisfy Plaintiffs claims;
752670 12-02121-2
f. Order delivery and possession of the real property to the Purchaser, who shall be
responsible for condominium arid/or homeowner association assessments and other
charges in accordance with Florida Statutes §§ 718.116 and 720.3085, respectively and
upon proof of the demand or refusal of any Defendant to vacate and surrender such
possession, and the clerk be directed to issue a writ of possession without further order of
this Court;
g. Retain jurisdiction of this cause and the parties hereto to detennine Plaintiff s entitlement
to a deficiency judgment and the amount thereof; unless any Defendant personally liable
shall have been discharged from liability under the subject Note pursuant to the
provisions of the Bankruptcy Code 11. U.S.C. § 101, et. seq,.; and
h. 'Grant such other and further relief as appears just and equitable under the circumstances.
UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and that the
facts alleged therein are true and correct to the best of my knowledge and belief.
By:
Print Name:
-~k
Debbie Sims
Title: Vice President
Company: Reverse Mortgage Solutions, Inc.
Date: December 20,2012
752670 12-02121-2
STATE OF FL
I. DEFlNITION3
-Borrower" irian. c=ac:b penOD lfIaiPa Ielhe end of QliI Nola. "Lead." lQIlaDI L1bwty aeven. Murilq•• In&:. anel its
S\ltGeiSOrt and Ulip.1. "~tal)' mUDS c1lo SocrNly of HOUitna &nd Urban OGvDJopmeut or lUI or htl authorized
rl;prc.s cnt.ativCl.
4. MANNEROFPAYMENT
(A) TIme
r~w)mOB mllll pi), .11 outstaodil1a prilKip.r IQd ICCllIod lattfe't Co Lender upon reccjpl of aDOUCO by Lender lniru~ ilZUDcdi.te
plymcDt in N.H, as provided in Pu.pph 7 of dlil Note.
(D) Place
PlymcnllhaJi bClmade 11109'1 Wblt. Rock Road, Sl.IU,·200. Rand»o Cordova, c.A 07~' Of lOy ludl other place.., ["cndc7
may duiCDak in writine by DOtiCO tD .sOrTOwor.
.IGN~ F
f? ?JJ..}J, 171r t,
CD) LJmJlJ·al1 lateral Rate CUA,tt
• •
:I. UQ~ Tho jDlGrcll ralo will DelVer o ~ or ~ by me.,. diM rwo pcmIQta,D pointl ('2.0%) OQ any
lingk Ollllae D~I" The UJLelut rato will ntv« bet more thaa fi,v. .£atne~ p poin1l (S.O%) hi'- 01 IOWOl
lbaa Ihe lAidal JalcmlnlG rc.r.t in Pll'lanpb 2 oCIhi, Nole-
(E) Nodn 01 CII.nla .
L.eMor \\IifJ Kivu Dod 'I 10 HoITOWel' or lay c:haDac in ~IU inlezat llIttI. Tho nodca IIIU8C be &iv= II jcut 2.,5 dtyt bvforc Iho flaW
interest nn,.ua eft'tce. and RUall let tDI1b (0 Uat disc of tho ~ilOI1 (ii) Ihe a-p n.... (liJl1bo Did Iacenst Nee. Oy) die tJr;W
Inc.eral "te. (Y) thG C\umJllDdu IUd ~ht dale It W'U pubUlhed, (vt) the awthod ofca1cuJ&dna Ib, adjUlttd Jnlera1 rae... mid (vii)
any other noU.mrof~ wbn:b IDlY bo rcquind byl.w t o~ timo 40 timCil.
0."
(F) ErrccU" 01 ewe"
A new iDtuul ,..Ia calouJa&ed Ja .ccordauGa with Pmpphl j(C) IIId "CO) or IbJI NOli wW become otrecdY'O on the Chlnlo
Dale; UGI= .~ Ow\io DUI ocoun 1011 ~ 2.5 clay. &tor lAadar h,a, siY'CllIlal ~ aodoe. It Cha IllllCralll.lc (aJcuLited in
Or
IQCOnUnce wi"' Pltlppht 5(C) IIJd '(D) of tJail Nore cJ.:nased, t~ 1.Qdcr failed to 1"' t&nely aodOi tbe dI'O,.. led
~p licd • hillLa' me than Cht III. wbidllbouJd have _ Iblld In a rJmety oolioo. lbeu Leader JhaIJ ncaJcull" tho priacipll
~aIl.b owed UDder tJU. HOle 10 ie doeI 001 tcCO~ CIT ac:c:saj"o iz2tere1L
G•. BORROWER'S RIGHT TO PUPAY
A BOmJwu roniYinI mcmdUy p.ymanes undu lb. 100 AIRiemout b&.s Ihe ript ra pi)' tho ~ 8¥ldaacW by IhlI Note. iD wbolo
or in pml\ wflhoul durp or pCDaJty. My IDU1WIl of ckbl prep. id "ViII an.
be appliod to reduce the priDtipal baJlnoe ~ or
SOCOr\d Noro duc:ribed ~PnI 1J ollbll Not' and thDII ro ndu" liIo pringipal bUaoce orahl,'Nolo.
Swat lO this portion otUlo pnDCIpa) ~ b repraenUDs.greplC ptymeGai (Qr IaI'ViciaI rea;
.Il1mI, 10 that pol1ll1l1 of tht ,rio<lipaJ baJuce a.ui\DO~pR IIOOMd '~D1 duo 1mdu tho Hoc.; IDd
u.wm. 10 lbc fCrn.iniDI polUoa oCthe princripli belauce, A BonowarlJ1a' apa:ity wbdbtr. prepayt1Kmt il10 be created 10 that
porlioa orlbc pri.Glpal b.J.De. rc:prac1IUnlllood11y "ynambl Of tho lLao otoredit. UBonoww d~ PO' dca.ipaw .. bJob potUOI'I
0/ lhe Pfiucipal ~lab
liue of ercdit.
.. Co be prepald. Leader IhAU Ipply aay ~ pI'q'.ymeatI 10 an MuUDa Un. or cndi\ or new erN" •
7. IMmDlAn PAYMENT IN roLL
(A' De-th or SaJ. .
L.ender may NqUin ImmcdJalo plymanC In rnJl o( aU oulatl4dJa, ~.dnl ap 'Dirp 1Dtc1'Ul ~f
(Ii) AU or I Bortovm', tiUo in Ibo Propony (or hLI or bcr bcnoOojaI kallanllt ill i tNA O\1mtug aJl or pll'C of' the
(.>
PropenyJ Is sold or othawllo rnnsfRTCd and DO olbcJ BorlVW'lt AltIW aJlJe to 1110 Property jll 'oe limpte (b)
lleaechold under • IaR for 1_ lhm 99 ~ wlUdl II e I ~ or .1.... tavlna • 1CD'JaJ.nIUI p.nod 01 not
leu than 30 yan beyond Cho b of tb I~ birtbday ot IbI )'OWlsa' B<znvww (or taCllUUq. ~I,"oucb
1111""1 ~i • lMl wkIl ~ an ~ai ,(0 &he ! ) ~ or (0) a lite 0IIII0 la Uw PNptrty.
lBJ Orllrt Groun.
LAnder may nqulro iauncdiele paymml In &11 of aU outlillnd1l1. lap~ DOd ~ & ,t~m \lPQI11pplVV11 by .... lulhorizcd
"pracnudvc of the ~ary, if: :
(i) The Property ca.m to be tba priDclplJ ~ of. BoJ'tOWCl" for TeaIUQI o&hct than dcalb mc1lba Property i.I
ROl tho ptbseipaJ rai4onco of.l..t cmo atber BonvWtW;
(iii)
(0) Trilir.
Conveytnet or I Bonowcr'. ~nt JD lb. PMpolt)' to IlIUIt whldl _ abo I t ~ of thcI Scomary, Ol COIIW)'B1ICG of.
CNICI tnlcrqt !n Rbe Property co • ~l1VWcr ••haJJ lIot b, ooRlidorod • eoaveylDOe for puIpOIa oflhil ' ...pph. A tna••hall no.
be CODS1dcrcd III occupent or be CCft.lclond u bvJna I prlco~ ....ldedco lor por I~ or iht.,uaanph.
a. WAIVERS
Borromf aev~ the rilbll or prcunb'naC aJd Elodea of dJdlonor. -Ptacnlnlcat- motA1 the riahL CD rcqulR Leader 10 cJcm.nd
paymonl'ofamalmll du•. "Nolka ordithcmo(' '101111 tbo nlbc to rcqufrG Loadet &0 eivg lIOiioo to othwpcnon. thac Imouatl due
MYI Dol beClll paJd. .
9. GJ VlNG or Noner.s
U~lw .ppUcablo raw Rquh•• durornl meUIod, ..y DOrice tblt IlIQIt bet pva 10 Borrower.1t rbJI Nac. wiU be .Iwn by
.nircv 1~ it or by nUtal Il br flnt c1Ja mall 10 'I ~B at 1M pJOpeltJ addna abOft or Ila cWfarenl Iddn::u If Borrower hal
lIven Leadar • OOtJOCI .te~nmoBr dU!'ereru addRsI.
Any ftOtlc::a lut muat be liven to Lender undot Chit Nm8 .id be liw:a by ftM claa ...., to Landor IL tba addnssl .r.aod In
rlrapph lJ(B) or ••• diacronladdrullfBonowerI. ,ivlIla aodee oflbat difflrOllC addraa.
Irmora thag ODa pmon .JIIli ,lI1i. Nola, DI&:b pcnca Lr fW1y obllptcd 10 bep aU ot lbe promIIa OIIda 10 lbJ. Noll. tcDd. JJIIl
cr\{ar,. ill rilhb under tid. Noe•.aldy chrvup llJe o(the Property.
11. UUnONSHIPT05ECONDNOTE
(il) The SctRllty ICccp&I ndJDbunamllS1II tIy the Leadu (or aU pI)'IDa'tllDIdl by Cbo . ~
rrthe ~~ ~d In (I) 01 (iI) occur, U. aJI plYmDIIII mAdo ~ die BccMIty, lDcJudIna lafERSL 00 cho paymcnll,
shan be InGludcd in the .lo~
(e) EfTtcl,D Borro".r
Where &h.-o 11 no ...ipnienl or rwimbuncmcnf u etacnbcd In (B)(I) at (Ii). ud Ihe S'CI"OIIr)' II2Ikos paynaeqc. to Bonvwu. lhon
Domwor lull 1101:
(i) Be re:qulred 10 p'y amounrt owed W'ldtr lhll NolD UDdI thD ~ hal racpirad ~ ill ftdl or.1I
oulltandlaa pnl1CiJpal and d~C l inc.... hder &!Ie SOCCJDd Hoc. d~lh by die Secncary. nGlWlthlrlacUna
m)'1Js1q to I~ ooalrNy hi .~Pl"Ina' -!. of tIsii ;!~ or
8. QWlplid CO pay lacer.t or ~
o
tho paJlllan&t 1.y Ihl S--.y,1IUi WbothR or DOt accruod iDwut ..... baa iIIcludDCI • tho priDGipai bwc. o(
ibis NctG, ~hl wton aII)1JItq 10 til. ooCdrlJ)' In 'arapphl 2 or , of tJUl No" or uy AnDna- 10 lbit
HoeD.
BY SIONINO BBLOW. BotTO...or IOCIpt.I and IPCI 10 the lann, Ind covenant! QOhWnod (Alb•• Hole.
---_!...
, '.,
(D) Trult.
• .
•
Convc)'1RCO or. BOlNwcr'a Ul'CTQ& in Ihe Propct1>' to • ~I whlch meets the rcquifemcoa. or the Scac:1ary, or e~y,1IOC 0(.
Inial', inCcrallJ\ the Property '0. Borrower. th.1I nat be COIUidcred • coavc)'lftCc tor pUlpOlca 01 tbi. PlncrJph. A InIIt .b,ll nOI
be COtLILdcrcd 111 o(tUp.nl or be cOR.idered u havill, • princip" mfdc.ncc for PurpcJlCl orthb hAl"'IPh.
8. WAIVERS
BorTDwcr w.ivea tho rip'- ot prc3CAcmcnt and nollco ofdishonor. -l'I.acnCmenl" mean. lhe rip, to require Lender 10 demand
p.ymanr ofamoun1a dUl, "NotlGC ~onhldro mearu the rilbl to RlquiJe lIJK1er 10 Itve DOI'ca 10 other perl on. \h'l lJDOUaU duo
hive Ilol been pajd.
9. CIVING or NOTICES
Unlen Ipplicable law rcquiru I ",rrcnnC mahod. Ill)' l1OCi" thl. mu.& be Ilvan 10 Borrower under Uti. Noto will be IIYGn by
in revi~d il or by rnailinlll by nrs' cl&n mail 10 Borrower II tho property addna Ibovo or I' • dUTCRnl addteu if Bor ~er hal
8iv~n Lender lAOIKe otBorrowu', different .ddreJ,.
Any notice lha1 n\UlI bo &inn to Lender utlder &hi. Hole will b' livon by fin( clAa maillo LendCl II 'be eddruJ stated in
PII'Qgtaph 4(8) or If. dilfmliladclRU ifBOfA)wcr is IIYCD I notite of thai difTcRaI.ddmJ.
l( more thin one pnon .llns ,this Note, exh pelion Is lbll)' obIilltcd 10 keep III or Lhe promlsa made In !hI! Nole. 1'- "ted~
enrolee i.. nlhe. under thi. Nola onJ)' chroup sala DC th. Propony.
(ii) The SmetaJy ItccpU rcuabulcrntatl by the Lender 11K aU paymDnq IIlado by che SccnQry.
If the cin;umstanca described in (I) or (li) occur. rhea In p_ymeolJ made by 1110 SeonlWy, ineJudln. intm:.l& Oft the Pl)'mau.
'hili be induded iQ lhe debt
(i) Be required to pay amount. owtd under &hi, Note. until the SccrcWy h.. required pI,-meDt in full or.1I
ouLs&andtna princip.1 and dCVle~a nRc~ . under, ~ht SIClCKld Not. held by tho SClClJ'CWy. natwil1utandia,
.n)'lbinl to \h. Gontruy iD ~ lar P 7 of thi' ;et~ or
.1. .
(ii) Be obUptGd to PlY inleral Dr .hared tpprae;lldon widCl lhil NOIe at 10)' time, whether accYUCd batoro or Iftrr
,he ptymtatl brlhe SWCllly, end whether 01 Dol.eaued ina,..- Jaes been iAGhadcd In the pllDcipal.JIIICC of
Chi. NOI', notWtrh'tandjns anythiDs 10 the contrary In Parapphs 2 or , or this Not. Of an)' Allonae Ie thlJ
Not•.
BY SIONINO 8J!LOW, BOmJwcr accepLi .nd 'I1'CClIO the temu and ClQvenants wnllined iIIlhU Note.
Oll.d: ~. -nJ\, 20 ~
Prpclopc M. ClUeJple
Fi,..lNole
• •
ADJUSTABLE RATE SECOND NOTE
(HOME EQUIn' CONVERSION)
STATE OF FL
1. DIFlNlllONS
-DOr1OWer" mCID. eacb pelion ,ipS Ie tho ecd of thb Note. ·Sccratlr)''' or "Lender" moan. the ~ of
HOWling and Urban Dcvc!opmenr or biJ or her luthorUe4 ."yital~
(A) Time.
BOnoWCT lbaU pay aJl UUbtand1nS principiI and KCIlIeG iAtor"1 '0 LeDdor upon rwlipC of. AGUe. by Lender snir ~
el~id nu peyment in fuU, u provided io PanlTlph 7 of ctW Note.
(B) flDcc . •
Paymenl JhtU be made II the OUlet or the Housfng"fHA CainplrOl!ei, DJJector of, Mortp,. InI\.IlUCC A.ccountina
Bod Servicing. 451 7th Street. S.W.• Washm,loII, DC ,01~2 or any ftlch other o.c~p u t.ondu may ciesilJlllll in
wrilina by notice to .'ICW~o8
..!.. Malhi)': Tho intlrut rala will UYa' UlcnJISt above .~ D" U
~ct1U
QaDII D a ~ ualcu lb' C1IanF DIM ~ 2'
hal lhan daY' r.fler Leader hal aiwn ChI rcquiRd nOCio.. 11 the
rata ealculaccd In Icr.ordm:e with Pllaplphl '(C) lad S(D) o(dail NOlI d--cct. WI Leader r.ilDd Co Ii'"
litncly nodca or \b. ~ IUd .dt~P': hi&hcr tale Ibn !be rICe wllicJ& IILoWcI haw beea .&&Ied fD I lima!) dO(jco.
thep Le4der IhaJI reellcullCe tIIo pr1llClpil btJaaco owed undIr au Note 10 h cloaI DOl nQlCt 1ft)' P ~ Y I intlllWlt.
6. BORROWU'SRlGHTTOrUPAY
A Boouwcr NCCMaI moD1bly psymGQU under the Loaq ~ has Ibo rilbt Ia pI7 the debt evidenced by dJi.
Nole, in whole or III pan. wilhcNl obarao or pcNky. IuJy IIDOWII of «I. prcpUd will om be. awn! tv ~ tb.
lap~nir balance o(lIIi. Nota cd tbc:D to recluco dlo priDcipal baw.oe ofcbe f1n&NoIG.
AU prepaymaatl aft!Je prlccIp.l bl1aDcc shill be IppJiccl by Lender u fuil,"":
lim. Co lhlC fortlo.u otthc priuc;ipll beJuce reprcaeGIJaa etp~ PIIymeDtI for monall' ~ prcmiumsi
ll1iaL to that Jlonioa of tho priDdpel baJme. .~ de~ iuteIWt dUe UDder dle NO&e; lISel
lsIYDb, ID tho I h ~ portioa ot the priDc.ipal baJaaco. A BODOW'Ct 1IJJq tpegity wbtlbar. pnpI)'IMU111 co b.
guled to Ihaf portfod 01 .... pdDoipal blJaGco ~ ftIODChIy , . . . . . ar tao 1m. ot CNdtt ltBclnoww docs
not ~lD iud wbJcb pon:ioa or the prlDaipal bellace lila " pnpld, Lcndc:r a1WI .,ply My partial prtpayntCllll to at
wsrina Jina or Gl'tdil or GlUte i new liu, 91 c:rccS1t.
7. IMMEDIATE PAYMENT IN I'tILL
(A) Dutb or S.I, .
Lender may require immcdJaCo paymClllt la AlII ofall ovlltandLaa prindPl1- aCCMd lnt.... alt.
(I) ABomnrcr di. _ chc Propcrt)' b ~ Iha priacipal ra1doDc:c or &1 I. . ~ MViviq BOnvwer; or
(U) An of I B~ dde 1u tIul.Propc:rly (or ~ or ber bac&liaS mlamlla & bwC oWlliDa all or gMt of tho
Propaty) Ie 501d or olhanvi. IraDlfcmd ad 'flo other Bonvwtr rwlainl (.) tkIe 10 Ch. Pmpa1y ia 1M
dq1I, (bJ • IcuchoJd UDdar II I"" ,rot ,1_ diap 9g ,.,. whic!a !a ...-nbl. or • lcue bavtn. I
rem&lDilll period of DO' leu dwI SO yad beyond'dIe clam or dI' lOOlh WI1hday of the YOUOlat
Barrvwer (or l'ICIiDiD& • tI=cficW t~QJ to , Iiust wldllUGh III IdCcnIt ill cho PIvpany), or (0) • nro
Utlhlla 1he Propcny.
(j) The Property ~ to bo tbc principal IaidAICI of a Donvw. for I'CNOI1I oIbc-' then death 1IIId· ~
Propony I. noc \he ~airp acn di~ or at Mat on- 04« Bonowcr;
(if) For I plttocS or Ioq. dMm twdv' (lZ) caDICCUUVI nlDathI. & Bonvww &II Iu phpk.aJly ocwPY tho
Propert)' boca&u. ~l.')!pro CD" I1:IA1tN PlDca UId Ihe PrGJMItl.y II DOC dIG principii . .1d1lXlO of It 'cue
ono oclair Bosrowltj or .
Y
~ndNCM
-_ __ ~. " "•• -., . . 1·4 _~" '_ :·~·_-~ .'.:_.:-.:... __. .. __ __ . .• _ _ _ _ ,# • • • • • • _.1_ .•• ~ ....... • ·.1 __ h__ ._ .• _ - •. _ ,: ~ I .. 4 ' . ~ _ _. _' •
(D) Ttwu.
•
CooVI}'Il'CO or. Bono• • inSCnJosC 10 lbc PnJporty 10 • CNIt wbleb IIJeote tbI req"ultemeftll of lAc SecnCIz'y, or
acn~V' D C ar,
trurtI inUnItr In the Property 10 & BorTOW"lt'. IhaII ~ be coasfdered. aMIYey11a b ~ or
(hi, PNBpapb. A CNIC W1I not 1M coasicWtd an t ~ Or be ~ " bsYtAS I priDolpal rmdcnc.a (or
pYlpOSN of dQ Jlt.rqnpb.
8. WAIVERS
BonOWCl waive.e rta. rip" ofprclOClmenl lind nonct otdlaboDar, r a mtlZC~ maln.r1bo nihl to requlro Lendor to
damll'd payment of IlI10unCI due. ecj:to~ of dJJhonor" ~ 1J&1t ript 10 requn Umdcr CO live notIce to other
pcr10Dllhal fmOwU. I~ MYe DOr been pahl.
9. GMNG OF NOTICES
Unfess eppUcabla IIW rcquirola dl.ffcren\ method. My Ilodc» thal mUll Do sNCI1 ro Borrower UDder Ihb Noco will be
AI.,. by 1~,"led it or by maiJlq 1& b, am ella inaiI to Borrower II lb. ~ IddtM abo" or ., I dUftRld
addral if Borrower has alven Iha yraI~ • nodQ or Borrower. ditlinrd addRa.
Any ~don (hie D'IUIt b'lif"" CO ~ht ~ undof Noce "iU be atwn y~ Om U&J~
wtLh jurisdledaa OYIt tho Property at"'1 othar adc:trw deslpced by the Secnscuy.
til" malJ to lila MUD Pield Offic.
Ie mora than one pertOd .Ip thJs Note, each psnon la 'blly obUpl8d IU keep .U of tho promitellMda In 'hi. Norc.
rod~L may anCor;e 111 rt,hU undIr Ihb Noco aaly throup ale olC!ae Propcny.
II. lULATlONSIUPTOIIRSTNOTB
(ii) Tho Sacreouy ICCq)tI reJmbUnemcrnti by tJo.e Lender rOT.U paynMlntJ. nlIdo by the Sacrwwy.
B'( SrONfNO BBLOW. Borrvwer .cupts md qreC$ 10 \M lams IIld Qnuov~ concalncd in 1IUI Nole..
I. WAIVERS
Borrow" waives cbIC "Shu of prennh"en1 and notice of cltshonor. "PmtntmenC" melnl 1tte riih' to ttqUirc Lender 10
dcmlnd payment of amounlJ due. "Notiee 01 dishonor" means e~ nih. k) ~ I ~ Lender to live nolic:c 10 other
pCll0ns lbac ImoUDCI duo have not ~eh p.id.
9. GIVING OF NOTICES
Unless eppUubtcs taw mJUircs I ditraenl method, any notice lhIl mual bG Biven 10 Bonowu under lhi. NOCc will be
Civcn b)' dclivcriPI " or by meilina Ii by tir1t elm rtuait 10 DonuwCf II the property ~ I above Of ., a dUret~1
,ddrc.n il Bonowu ha civen (ho S",ccary • ootice or BorroWO(1 dilTennllddreli.
AllY nodtc Ina. musl bo liven la a~' Sccrollry under Ihis NotlC wiIJ ~b aj-en by .h,t ctaas mail to'ho HUD P,.ld Office
wilh Jurisdiction I)vcr the Propc;c1y or any «her addross dosill\llod by the Sacrewoy.
If more nlh~ one person sip. !bi, NOI~, a-c:b penon i. nail)' obli.a.ed to keep .11 of the prorrU1eI nwde in this Note.
tender rnty enforco ill rt,hcl under Ihl$ Note only thrD\lS" JoII, arllte Property.
(Ii) The yta'R~S ACcepts Rfmbunc:mGlllJ ~h1b Londar for 1111 paymenu made by Ibc .yr le ~S
If lhc cltcUmlla.Dca descn"becl in (i) or (ii) o«ur, lhen .U paymcnb mlde by tho Sec:muy, ineludina inlerelt on Ihe
pilytnenta, Ib.1I M iucluctcd in \be debl under Ihe Finl NOle.
BY SlGNING BELOW, BOTTOwct lCUp'" and agrees to the le:tms il1d covenant. contained in thi.! Nal'.
O.t~ ~ :2.a:J8
renelope M. GUinple
----- - - -
. - .....
.__._.._._
DAVID R. EL1.SPERMANN, CLERIC OF COURT MARION COUNTY
~
Liberty Kevcae Mortgage. !DC.
I09S1 White Rock Road, Sui to 200
Rancho Cordova, C!l 95670
FHA Cue Number~ 0!J1~405741~5%-25
39100
Tho real property localed at the ~ 8092 SW 1t5~ .";~ Ocala, FL 34481, ia the County of Marla, Sbde of FL,
described mCR fWly on Bxbibit.A attached to Cb1I Mortgago. ' .'~
THIS SP.CUlUTY INSTRUMBNT comblDes \DIiform covw:nantl for natioaal use and non-uaitbrm coveaanll with IimiCed
variations by jurisdidioD to constiMe a uaiform security instnImtmt covariog real property.
'f!/1J' jJ
I~
I,
to·
z. raymeut.r Property c..llea. BqnowCl.shall pay an property cbarps CCIDIisdoS of taxes, grouad nmll. flood aad hazanl
insuranco pftmiuml) lad .spec,,1 Ule8l1T1eat1 ia • timely maner, and .hall provide ovideDCO of pa)'llMmt CO Lender.
unless Lcmder pays proparty charges ~ withholding ftmds tiom moothly payments due to the Bonuwer or by ~hargins IUCb
paymanm to a lina of credit II provicled Cor in die LoIn ~
J. FIre, Flood ad Other Hazard In8Ul'1Ula. Bonowcr 8hal1 iDIum aU improvemaats on tho Pmperty., whether DOW ID
existence or subsequeotly erected. against any ~ casualtie&, IUd comiDpnc1es. iDc1udiDg fire. ThiS insurance shall be
maiDtained lD rile ammmtsl to the ~ and fbt die periods required by Lcuder or the Secmary of Housing and 'Urban
Development ("Scerctary"). Borrower sball also iDsIJm aU impt"CJvemeatt on the Property. whether DOW in tndstenee or
subsequently erected. against loa by floods to the aIa1t requinKt by Ib8 SecRIaIy. All iDlUnllloe lbaD bo carried with
comp.mCI approved by Lender. Tho insurance poUcier and any RI1fAYafI abalI be beld by Lander and ahall iDdud., lou payable
clauses in favor of; and iD I tol1D ICCOPtablo tot lAnder..
In the event ofloss, Boaower shall live Lender immediate ~iton by maiL Leadar may mate proof of 1081 ifDOt JIlIdo plOmpdy
by Borrower. Bach iDIUrance company caDCmJed 1s hereby aud10rized end dimoted to mab payment for IUCb. loa to Lendor.
iostead otto Boaowcr and Leader jointly. I.asuraaco proceeds 8halI be applied to reatarlliOJl or ~ of the damaged Property.
If the restoradon or IqJair f8 economically feasible and Lenda'I lecurity is DOt leaeDed. If tho restoration or n:pair is not
oconcmica1ly feas.ible or Lendet. security would be ,demcs ~ tho iDaurmco pIOCOOda ahaU be appled fiAt to the reduction of auy
indebtedness UDder a SeCODd Note .aDd Second Security In8tmIDeDt held by tho ~ S on Ihe Proparty add then 10 the
reduction of Iho indebtednDII uDder tho Note IIId Ibia' security lDstrumeDt. Arty.ee. InsuraDce prooeeda OWl an amount
required to pay alI 0UI8I8Udi0g iDdebtf4nes1 under Ibe Note and Ibi' Security laltnaneat shaD be paid 10 the eudcy IepUy
eutided thereto.
In the event offoreclosure oCthii Seeurity lDstnmtenc or other transfer of titlo to tho Property that axtinaui1bc8 tho inciebted.DcssJ
m
all right. title and idtenst ofBoaowcr in and to iaswuce poUdes forco Iba1I pass to die purohaser. .
4. OccupaQC1, Preservation, Malntellaaee aod ProteetiDa or the Pnpa1)'; Borrower-, LoaD AppJicatloaj Leasehold&
Borrower shin ocoupy, establisbJ and un tho Property u BOIIWOJ" principal raideace afta- the execudou or this Security
Instrumd and Bcnrowor (or at )eat one Borrower. if initially nun than 0118 pcrtIOD are Borrowers) and sbalI coatinuo to occupy
tho Property u Bonowor'a priDcipal residenco for tho tarm of the Security lDSlnDDcDt -Prinoipal midcmoe-Iball havo the same
DleaDJDS as in tho Loan Aaroemenl
Borrower sbaII DOt commit waste or . Y ~ damap or IUbstaatia1Iy cbanp the PIOpCrty or allow the Property 10 deterioIlte,
zasonablc wear aDd car exceptecL Borrower shall al80 be in defanlt it Borrower. duriog the loaD application proeea. pve
materially false or tnaccurate JutbmJation or Ita~ Leii_
to (or &i1ed to provide Leuder widl aDy material information) in
connection witb the Loan avidenccd by tho Norc. fncludtas, ~ lio)'Umited ~ repteIOIlIationa conceming BomrweO occupancy
oftha Property u • priDcipal ruideace. Ifthll Securitysi·~DemurtlJ on a leuebold. Borrower aha1l comply wJIb the provi,ioos
of tho lease. lfBozroWCI acquircll feo ti!J.e to tho Properly, the leasehold aad fee title shill DOt be merpd unloa Leader AgIUS to
merger in writing.
S. Charg_ to Borrower and ProtectiOJl of Leader's Rllfla In die rrojleny. BonvwCll' ahaU ptay .n govcmraenlal or
municipal charges, finel and IDO~l pmi thallll Dot IDcbadcd in Parapaph.2. Boaower shaD pay these obUptioas on time
directly to the entity whJdJ ~ owed the paymcaL 1ftaiJun, 10 pay wuuld IIdvCtSClr a&ot Lollden iateR8t ill tile Property, upon
f
;'. Lender's request Banower shall promptly fimlilh to Leder ICQripts oYideDcioa cbcH paymeot& Borroww shall proIIlpIJy
,',
;i discharge any lieD which has priority ~O tbiJ Security InsCrumeat in 1bo II18mJCr pro'lidcd in PlII8gr9b 12(C'}.
: 7. Condemll8tiou. The proceeds 'cf any award or dam1 for ~gam d direct or coascquentiaf. in COJmCCdon with any
. coodemoatiou, or other taking of aPy ,part of the Property, or ibr CODVeyIDCe In place of'coodemnatiOll .ball be paid to Leddcr.
Tho proceeds shail ~ IP9Hed first to ·o~ mluetiOD of 8Dy fDdeb1eCfD. . 1D1der • Seeaad Note 8Dd SecoDd Securiay 1nsIrumeDt
.held by 1he Sem7Iary On the Property1 WId ~hc to the reduction or tho Indebtedness under the Note and this Security lnsb'11ment
Any exceas proceeds over aD amount required 'to pay an oulStlmdfDs iDdebtedlless uadar the Note end this Security Jnstrumeat
shall be paid to tho endty legally entitled -dtcrcto•.
(h) AU of a Bonowet. m'i~1t the PropBrty (or his or her baleticJal JD. .i ia a 1nJIt owniDg III or part or the
Property) is sold or esi~o traDIferrcd an 110 other Bouvwer ntain& Ca) a10 to the Property ill fee .implc. (b) a
leasehold UDder a leue rot not Joss dian 99 yeanI wblch is Ja1owabJo or • l~ having a rcmaiaiog period of Dot
less thm SO 'yean j,~ob the date of die lOOd1 birthday of the)'01lDleSt Borrower, or (0) a life es1ato in the
PnJperty (or a benlficial ~; in a trust with such III lDtezat ill the Propeny).
(It) Dill .ad :Payable wid! Sea-etaty ApprovaL Leader may rcquiro immediate payraent in full ofalllWDS ~ by ibis
Security Insbument, upon l:~'trp. by aD aathorized repre8c:Dtadve of tho SCcretary, If
(i) Tho Property ~ to ~-;\. the priDcipal resldeuce of a Boaower for l'eISCJD:J other thao deatb and tbe Property is
Dot dlo priDcjpaJ '~,;kciser 01 alleut 0Il0 odler BOI'I'OWa"j or
(Ii) For a period of longer thar3 twelvo (12) o ~ monthl. a BoJn)wer &ill to pbysjcaJJy occupy the Property
because of phyaica1 or lat~m UlaCII eod· die ~orP is, not tho principal nslidcnco of at least ODO other Borrower;
or .
(iii) An obligation of thO m~)1; B ted~ tb.ta Security IDItnlmem is ~OD pcrfOlD1ecL
'. .. ,(e) Notice to Lender. Bo1TOWfJt1.~ l ~olify Leader'whenever any of tho events ~sit in IUbpaiagrepha (8) and (b) ofmis
PBrBpph 9{aXij) or (b) 0C0Uf.. . .
(d) Nodee to Sec:retary ••d BO~ta:'. ~ shall notify Ibc SocroImY aDd Borrower. wht;nOWZ the loan bceomea due
'.', ,,:: aDd payable under dlia Paragraph, 9(:J)(iilmd (b)i LcDdcr sbaII not have die rigfJt to <:ODDI1GOCO fondoaure until ~wou B
baa had thirty (30) days after e~don tg":oitber:
(J) Correct the wtter wblch det~ ba tho Seeurity In&tnuncnt comiDa due and ;clb~ or
(it)
.
Pay the baIaaco ira full;' OJ" .~
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(iit) SoU the Property for the re~ I of tho balance or 9j% of1hc appmiled YI1ae aod apply dlo DCI proceeds aCthe we
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Book5057/Page16-7'2. CFN#2008065289 Page 3 of 13
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(iv) a
Provido thD Lender with deed in Ucu of 1breclosure.
(e) Tra.fI. CoDWyllllCe of a ~. interest iD the Pn1pertyto • trait which mceta the requirements oltbc Secretary, or
convoyanco of a cmst'I iIdeJacI ,In: ~ Property Co • Borrower, ehaII DOt be coasidend a oonveyarwo for purposes of this
Paragraph. A tnJ8t shaD not be der ~ an occupant or be comidcred 18 haviq • priDcipal Jaideuce for J'UIPOSe' of this
Parapph9.
(I) Mortgage Not Insured. Boao'wer agrees that should this Security lDstnm1ent IDd die Note not bo eligible for iusurance
under cbe National Housing Act aiht~ cigbl (8) momb 1iom tile date ~oerah. Leader may, at its optioD, require im1nediate
payment ill NIl of aD sums secured by tbis Seeurity IDmumeDL A wriJteIl SCl1emene ofany 8Uthorl7Jed alent OfthD Sccretas:Y
dated subsequent to oiIht (8) months from tho dale hereof; dec1iDing to kJsgn, this Securit;y IDstrumeot IIId 1he Note. sball be
deamed couclusivo proof of such iIleligibili1y. NOCWirhslaDdiDa die qoins. thJs option DJBY DOt be exaoiced by Lender
when the unavailabilit)' ofmSUl8llCC is ao1dy due to 1.AIldat1 failure to nanit • mortaap msurance premium to thD Secmtry.
10. No y e ~ D ludpteJICl. Booower sball have DO petIODIl UablUty for payment of tho debt secured by Ibis Secarity
lnstrumenL Lender may enforce tho debt only through we oCtile Propcny. Leader I'haD not be pennilted to obtain a doficicncy
judgment against BOITOWer if the Security IDstrumml ja foreclosed. If this Security Iatnanent is uaillled to the secretary upon
demand by the Secretary. BolIOWCl',rhaJl not be liablo Cor any diffoteDeo betwecD rho mortp,e inmranco benofits paid to Lender
aDd the OIU»faJIdiDg iDdebCedneas. gai~lcn ICClUed intereat, owed by Borrower at tho time of the usignmcmt.
11. Reiutatement. Borrower bas • right to be railJlCated itLoader' hal ~ iaunecUate payment in fbJl TlUs riabt applies
eveu after foreclosure proeeediap are institutDd. To reiDsrate this Security 1DsIrumeot, Bonower ahaU correct the coadition
which resuJtcd in the requirement for jmmodiatc payment iD M. Poreclosure 00ISI8Dd nsasonablo and customIl)' attameya' tea
end expenses properly aaociated with a' foreoIDS1O proccecUag shaD be added CD the priDcipaJ. balance. Upon reiDstIdemeDt by
Borrower, dWI Sec:urity IDItrumeat and tbe oblfptiom that it ICOU.lW lha1l romaiD ill effect _ if l.Amder hid Qot NqUind
immediate payment in tun. However, 1.ender Is DOt mqufml to peanit rcinstaleJJ1eilt if(i) lADder has accepted reiDStattment
aftot tbe commcmcomcat of forcclOlUl'e pmccedinp within two (2) years yl~aidem I precectins the commencement of I ~.
foreclosure pIOCeediDg. (11) ~ wtl1 pn:clude fcnc1oaun, 011 diffenmI grouacIs in the fialUn, or (it) roiastatemeat will
idvc:l3C1y aWect tho priority ofthe security IDstnuneDt.
12. llInt Llea Status
(a) ModincatJo& Boaowe: aar- to extend Ibfa Secudly lDatnmumt In accordaaoe with this Puagraph 12(1}- If Lader
determinll Chat tho original Hen 8CatU8 oftho Sccudly IastnmIaIt "joopmIized UDder IIato Jaw (fndudiDg bat not limited 10
situadODl whtn the unOUDt secured by the Secar11¥ Iaattument equats or exceeds dlo'maximum prinaipalamount stalDd or
the maximwn period under which loan advaDces main ~, lime tien'priority Initially pmted to laau adnnces haa expired)
and state Jaw permits the originaIlico atatal to be ~l eDiatm tuture Joan 8CIvIDces through tho execution IUd reoordation
of oae or more documea1S, tben ~ shaU obtaiD··title ~ive at Bon'owa'a expense. If the tido cvIderace indicates tbat
the Property is not encumbered by any Hens (OK. this S-ntY '1allrUmeat, 1bo Seooad Security IDItrumeat described in
Paragraph 13(8) and any IlJbordinate Uens tbat the Lender dertnniaa will I Iso be IUbordiDato to IIIJY future lOlD advances).
Leader shall request the Bonower to execuIe such docurucofB. If ltale law docs DOC permit tho orlaiDal Uea ItBtus to be
extended to fbture loan adV811Cel. Borrower win be deemed to have &iJed. co havo perfonned au obUgatkm undoi ddt
security IDstrumenL
(b) Tax Deferral Pro....... Borrower'aball aot puticipato In a real estate tax dofoItI1 pIOgr&m. if' aaY lions aeeted by the tax
defaral are DOt subordinate to IhIs Security IDIlNmeot.
(c) Prior LIens. BOl1'OWeI'shalI promptly dischllJl8lUY lien which bas priority over this Security Instrument UDlass Borrower:
Ca> agrees in writing to tho payment otthe obligation aecan:d by the lien In a 11I8DDCI' acceptable to ~ (b) CODfeItB in
good faith the lieu by. or defends against cnforcemeot of the lien In, legal proceedinp which in the Leaden opinion operate
to pnmmt tho eoforcement of rba. lieD or fOrte.tture of aay part of the Property; or (0) IecuteI ~ the holdtz of abe lien an
agJUmeDt nlisfactoly to Lender BUbonIiDating the lion to all amouuta socarcd by this Sccarity IDstnameot. lr Lender
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determines Chat any pm of the Property ialUbject to a lieD which may aftain priority aver au. Security 1Dstrument, Lender
may give Bonowet' a notice idcnlitying the lien. Borrower Iha1l sadafY the lieu or cako ODe or IIJOM of tho actions . . tbrth
above within ten (10) days of the gMug ofnotlce.
13. RelatioDSblp to Secoad Security lD.tnuDaat. .
Ca> Secoud Sccurlty IDJtraal-.t. .In order to secure paymeaCI wbicb the Secretary may make to or on behalf of Borrower
pursuant to section 255{i)(l)(A) of the NatiOll81 HouaiDg Act 8Dd the Loau ~ A unless otherwise :Provided by the
Scerellryt the Secntary lias rCquired Borrower to execute a Secolld Note and Second Security IDslnlment on the Property.
(b) BeJatfolllhlp or PInt and Second Secu.ritJ IutrumeDta. Pa)'Dleldl made by die SecrctaJy IhaJJ DOt be included in Ihe
debt UDder the Noto uolClS:
(i) ThiI Security lDtImment is usipcd to tho SccretaJy; or
(ii) The Secrdary Icceptl ~imbuncme by the Le4dcr for all ~ a p made by tho Secretary.
If abe circumstances described in (i) or (ii) oCQJr, thea 111 pqmcmtl by tho SecreEityI mcludiDs iDttast CD die paymenfl but
excludingl. Gharps paid by the Secretary,lhall be iDcluded ia the debt UDder tho Nole.
(c) Effect on Borrower. Wha'e there is no 88I1pmeDt orrahDbmsement If describod .ill (b)(J) or (ii) and 1be Secretary mates
paymentJ to Borrower, then Bonower .hall DOt
0) Bo required to pay amounCl owed under the Note, 01 pay atJY ta1ts end mvameJ of tho Property UDder Pmagraph
19 to Leader or I receiver of the Pmperty. ua1il dla Secretary hIS reqWred payment in fUR or aU oatmDdlng
prillcJpal and accrued ioterat under tho Second Note; or
(ii) Bo obligated to pay lateral or abared appreciation UDder the Note at any time, whether accNed bofore or after die
P'YMeuta by the , ~ 8Ild whedJer or not lCGnIed iaIerest has bt= Jacmded in the 'priDcipal balaDco UDder
the Nore.
(d) No Duty of the Secretary. The Secn:&aly baa no duty to Leader to cabcc oovCQlllta of the Second Socurily lnsb'Umellt or
to ta1ce actions to praeIW tho value
or the Property) eveo though LeJJder may be uaable to colleoa IIDDUDtI owed UDder tho
Note because ofreslriCfioDs ill this Paragraph 13.
m
14. Forbeanaee b7 Leader NDt a Waiver. Any forbe8daco by Lc:odcf OXCRiaios any riJbt or remedy aba11 Dot bel • waiver
ofor preclude fho exorcise of any ri&ht or remedy.
15. Sueeesson and AaJpI Bound; Jolat aad Several Liability. The coveuntl and agreements of this Security Instrument
shall bind and benefit the ~ and wips of Len~. Borrower may DOt aseip any. rigb18 or ObUptfOD' UDder this
Security lDItrumeat or UDder the Note, except to • trut tlJat mt.ctI the RqUire.meDCI ofthe . ~ BOD'tJWeI'a covenaoCl 8Ild
agreemcats shall be joint and several.. -', · '~"
...,: .
16. ~ o N Any notice to Bonower deiv~ for iD tb&,Securit)' IDItn.uneDt aball be giveD by dcliveriDg it or by maDfDg it by
flnt class mall unless IppUcabJe law nqWn:a use oflDother mctbod. Tho DOCiGo sba11 bo ~ to Ihe Property AddJ'ea or aay
other address all Borrowen jointly designate. A1rI notice to Leoda" IbaD be &M:a by &It clasa mail to Lcndan addR:sa It*d
hmin or any address Lender desipates by DOtico to Bonower. Ally notice pmvfded for in this Security lnstrwnent shall be
deemed to have been gival to Bor~m:.i Lender when giYCIl u prcmded In this Parapph 16.
J7. GoYerrdna LaW; SeverabDlty. niiI Security InatnlmeDtUall be govemcd by Podcral Jaw ad the law of tho jurildictiOl1I.n
which the Property 18 10CIded. In tbe eYCJlt tbat lID)' pruvflioo or clauae of 1bia Security IDstlument or tho Note oDDflicts with
applicable Jaw. such QODflict &haIloot afftd otbet provialons of this Seduri!1iustrumcut or the Nore ,which CID bo given etrocc
without the conflicting provision. To this end lhe plDYilions of this Security raatnlment and tho Note lie decJared CO be
severable..
18. Bon-ower'1 Copy. BOIIOwer shan be giveD ODO confmmcd t;OP1 oftho Nole ad 1his Security 1Dstromcnt.
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Book5057/Page1614 CFN#2Q08065289 Page 5 of 13
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NON·UNIFORM COVENANTS. Boaowao and Lender ftu1IJer COVen&DI and aara u follows:
19. AssipmeDt of Rents. Bonower UDcooditionaUy asslglll and traufcrs10 Lender a1l1he reutllDd xwenues of the Property.
Borrower awDorlzes Lalder or Lender'a asatl to coUect die rents aDd revenues and ben:by directs cadi tenant ofcbe Property to
pay tho rents to Lender or Leftder'1 aicli. Howevar, prior 10 LeDdetI Notice to Bouowel' ofBonowel'. breadJ of auy covenan&
). or agrmbel2t in the ~ ~m urtsnI Bonower shall colJe<:t and RCeil'e aU reats and ftMUICI of the Property as trustee for
the benefit of Lender aDd Bonvwer. This ISSigom.cnt ofrents consdtmel an absolute -8lUDeD1 and DOt an aaipmeot for
.dditiod.ll aecurity only.
IfLeoder gives notice ofbreaeh to Bon-ower: (8) 811 rents.received by Borrower shall be :held by Borrower 88 trusceo for beoofit
of Leader only, to be applied to the sums secured by thia Security Jnstnaueoi; (b) Lender Iha1l be entitled to coUect and receive
'aU ofthe rents otthe Propef1~ and (c) each cmant of the PIOperty ahaI1 pay an rents due 8Dd unpaid CO Lender or Lenders agent
OD Louden written deDlJl1cl'to tho tenant_
re~ bas Dot executed any prior a&BiPmaDt altha I1JIJtI .d hu Dot IIIId will bot perform any act that would prevent Lender
'from 8~crex irtriPts UDder thiJParliraPb 19. .
Lcndt:t shaD Dot be deriuq~ to eater "'fl, take co.Dlrol ofor JD8iIUain Che Property before or after gi'ViDg notice of bn=ach to
Borrowor. Howover', Londer or a judiciNly appointed ruceiver may do so .1 any time there ja • bfeach. Any appHcatiOD oCnmts
shall not cun: or waive any default or etadD v~ any other right or raiody of Lender. Ibis aasianmont ofrenls of tho Property
.haJJ cmniDalo when the debe secured· by tbiJ Socurity IDBtrumOIl. is paid in fhD.
10. Foredonre Procedure. If Leader requlra immediate paymeat iD fuU UDder F.rapoapll " Lender may foreclose tfUI
Security InafruJDent by Judicial proceedlDg. Lender .an he eJdftled to eaDect.U upedIeIllI&:Dmd ID punulng the
remedies provided to tills 'angraph 20, "eluding, but Dot lladted to. naDRabie "naeyel feel and eostI 01 tine
evfdeuee.
21. Lieu PrlorIt)'. The fUll amOUDt aecmed by tbi. Security 1Dstrumeat shall have tho saDio priority over BDy other IieaB on the
Property as If tho fUU amount had been ~ b ; d on the date the initial disbursemePt wu made, reprdlea of the acraal ~ of
my disbunemcat Tho amount secumI by thJI Socurity Instnamaat IbaI1 include aU direct r-ymeDtl by Leader to Borrower and
all other 101D advancos permitled by this. S=uity Instrument (or my pwpose. 1bla lien priority ,haJJ apply JJotwiths!andina 8fty
8mto constitution, law or.alion. ~ t that this lien priority UaU not affect Ibe priority of my tioaa for lUlpald State or local
~VOI UDit special 8S&eIIIDeI11S O(tUOi.
21. AdJustable Rate Patore. Under tl:e Note, the JDitiaI &tUod Interest rate ~fD aad 66/100 percept (3.'60%) which
accrues on tho lDlpaid principal balance ("InJtiallDterest Rate"} Js subject to chnac. u cfelcribed bdow, Wlleu the interest nate
changes. the new adjusted ~ D i rate 'will be applied to Ihe ~ ..~ prinoipal balaace. Bach adj1J8tmt:Dt to th" iDlerat
rare wiD be hued upon the weekly am:agt:Yfald on I:1~S.dotinU 'heaaury Sccuridel adjusted to • CODSIIDt maturity of ono year
(''Inda',pIus a margin. The Index Is dchi!~JV In the Fedcm1 e ~ Bulletin ud made available by the United S1a1el Treuury
Department in SlatiltiC4l kIcaso H.lS(~J9). If tho IndGX is DO IoDF ava&ble, Lcmdar will be requintd to use lIlY index
prescribed by tho Departmtat of H9uSiils and Urban Development. Tho DCW index will have a historical movement
.ulmutfaUyaimUar to the original indu, 8IId tb DOW indeJt and IIIItIiD wiU result in an IIUIWl1 percemap rata lbat is
substantially.imilar to the rate fD etreet ~a the time die origiDal index beeomea unavailable.
Leader will pedorm the calcuJatioDS ~ below to determine tbe DIW adjosled intcrat J8te. The fDlclat rato may dump
on Septanber 1. 2008. and on the fiti( clsy of _ and oa that day of each succeediDg jar, or ....L the firBI day ot eacb
succocdlng month (Cbaoge Dare) UDti1 ~ht loaD is repaid iD fWl.
Tho value af the Index will be detmmineoJ,· using tho most ft!CaJt Index figure avaUBble thirty (30) dI)'I before tho Change Date
reumnt Indax"). Betbm each Chaa., Date, Ibe ~ lDhnIt m1C wid be calculated by addiDg a IllZUJin to the Cum:ot Index.
The IUID of the JDIIJIin plus 1be Curmll Indox. will be oaUed the detaIu~tl 1Dten:at Rate... tor each Qaago Date. The
Calculated Interest Rate wiD be compared to tho IntcrasC race to "eft"ec;t 1mmediately prior to tho current Chance ))ale (the
t·
PLr'Monpp
PalG6 )J
ft17J' ,
. I
--..;., Amtually AdJusting Variable Rate leatun ·1bt interest rate wiJl nner incnmse or decrease by more
than two pen:enlJ&c pomtl (2.0'») on any lingle CbaflP Dace. The interest rare will never be more than
rIVe percenmge points (5.0'i) higher or lower thin tbe inltIaJ kuerat rare Italed in ParlJr*ph 2 of !hit
Note.
MonIhIy A<UusthaI vBri8we Rate iestare - 'DIe CalcuIaU:d Ja=:at Rare wOJ never increaso above
13.660".
The Calcu1atcd Jatcx=t Rate will be adjustal if necessary to comply with the limiCadon(s) described abava and wW bcin '*
ctrect una1 the nat Cbanp DaIB. At any c:baap dar£. if Iba CaJculared 1nIIeIest Rate equals Ihe ExIsting InIereII _ Ihe
Intere&t ratr: will not ehange.
23. Release. Upon payment of all sums secured by dUa 8ecoriEy Insmlmea1. Lender shaIJ release Ibis Securfty In.tII'WnenC
wilboot cIWge to Borrower. Bono9Jer.baIl f1IlY any ~ cosa.. ,
24. Att.onu:ys' Pees. As used in this ~ btnunent IDd tbc Ncce. -l£IOtnC)'I. ~ .. abaU lDcludc any attDmcyI' rea
awanled by an appelJale court. i
2S. :RIders to this Securltr InstnDD.tDL If one or more ridea Ite executed by Borrower and tecorded ropther wiCb Ibis
Security btrumcnt. the COYeIIaats I11d aax-unu of ach such deter Uall be Incarporaced into and _11 amead and auppJemem
Ib coveaancs and agreemeDti or dlls Security IastmmUlt 18 If Iho rida(s) were • part of lids Security lnsuument. [Chedt In
riden that are appliE:8bIeJ. ·
+~ ~ .... ~ et
~ ._IH~ ~
BOca. SW fOoL~5'\
Ocol.o. t f L.. 3 '-tf1 ~ (
-acIIdJw 1nIaatJQte).
AaumaBr AdJuICfnI V.w.la Rata ,..... • 'DxI . . . . !lie will PCVer Iaaw;e w decrase by IdOIe
. . CWO pawmrae paIats (2.011) 011 . , aiaP a-ae
0. n.- - lItO wfll.-ver 1» . . thaD
Jive Jiac'" , . . (1OSi) _ _ or lower .... die iDItfaJ . . . ., . ..... iD . . . . . . 2 01 tbiI
Hot&
1be CaJauIated IDIr.m&C - wiD 1a ~ It ~-'" fa ~ wtIb die Ie Hmk8dcJn(a) cIeIcrtbed Ibove lOCI will be III
dlcllIIdl b ~
iDItrest. . wm.-..
23. Bdeae. Upmj'a'"
a.ae-. AI.'/ . . . . . 111111 Ca1cDIIcIII*ia& . . . . . . ,.. . . . . . . . . . die
or IJf . . . . . by ddI SecIIIity IaIInaedt, LaxIer Iba.O ftlaIe ... &Ioudt1 JaIIIuaat
witbaut chirp co Bonower. Bcmrwa'.-..u,.,., secanJatfaa c:a&IIL
24. . . , ~ Iu lIIed lD tall Secudlr Jasrrumtu ... 1111; Noel. "IIJrJmqt . . .·1baI1DdIde . , ~ lea
ndl bJ~ ca d.
2S. . . . . Ie .... s-tv ........ 11 ODe or .............. b1 Bauowu lid teeaIdId ........ -ab1bfl
Securty l ~ GO\W)IIltalDd IJI'IfJIIIIIII cI ea ncb rfder IbaU belucca,.lt8f1Dto IIIC1 alIaD ..eaclMdIUppleuleat
Ibo COVecantl ad or
dill Sean1lJ JnIIn1maIt • }f the ric1er(1) 1Nre • pel of dill ~ bcrUiWUL (OaU aD
ddIrI dMt. . IpJtIcaI»Jt].
BY SICIGNO IBLOW. Banower ~ 1Bd. . . " the . . . IDdCIMDIIII COIIIaiDed III ddI s.adIr ~ IDd ..
. , tIdII(a) . . . . .. , ~ t e d . . . .".IL
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Book5057/Page1677
CFN#2008065289
STATE OF FLORIDA
COUNTY OF 1I'/,f(~1I
· SUA!& A'/J1(/, • by ep~ar M. Gillespie and PcmeJope M. GlDcsp'e, Trustee. iK\vll 811"'e,
Trustee, NeD J, GlUllpfe, Trustee, who is pezscmally known to me; who Juts produced
e"~(1¥J: A/a-dlSe
0" • • , •• ~. :
Notary Public
1I.J___
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. RlCHAfI) T. JK~O TAlWK
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STATEOF:Exl.lt:
M-A?r ~OYTNUOC
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.
The gnio ~f inSlnJJJlent was acknowledged before me this S- day /J ~ or:::Jl:i
tPtlJOt
..'En,..,.; ,3bpal~ a
. by.»••,••, At: Cl'li!i111! ikd PuaeI.,••• QIIIapII; .jd'~
T. c.......who is personally mown to me; who bas produced
GIJ ~
-
r;})o'vee ':s L,. o..e.n :s-e as identificati and who did "d not) tB1ce UI oath.
..
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THIS PLANNED UNrr DBVBLOPMENT RlDml Is madO oa June OS. 2008, aDd is incorpOl8ted Into and aball be
deemed to amcmd BDd IUPPlcment the ~gatroM Deed of Tmst or Seeruily Deed (the "Security lastrumeut*) of the
SIDle da1e- given by tbc UDdA:raiped ~ It) SCCln Barrowar's Note to Liberty Revene Morlpp. Inc., •
Calffonda COl1'oradon, ("Laufer") o~ tho aame ~ad aad ~ the P!q)erty descrfbod irJ the Secmty Jastrument
and 10catGd at
OAJCRUN
POO COVENANTS. IIlaclcfJfioJl to thee COVIIUIDts aild .eemeau made IB tile SecuritT Jnstnoaeai. Borrower
IQd lader further COVCIWI' aad aaree .. foUnn:
A. So Jong as tho 0\VI1eB' AssoclatiOl1 (or equf¥aIcut aatity lJaldiDl titlG to COUUJJOD area aDd facilidea. actiq IS
tnutee for rhe homeowners. mainlllal. with • pacn1ly accepted iDnrancc pm'ior, • ~ or WJ)laJ2bt"
policy famriag tho property Joc:ated In die POD. including aJllmpJovemeati DOW exfsduS -or heRafter aected
on tho mortaaged premises. and sudJ policy is ..timG1ory to Leader aDd pfovidf8 msunmca coverap In the
.amounm. for the J"dods, aDd against the haarcIa Lcudcr and tho Secrctaty n:qqil"o. 1DcIudins ftte ami olber
hazards fDc1uded widIiD the term uomnded coverage.- aad loa by flOOd. to tho GDI1t required by the
Secremry. thea: (I) Lcmder waJws the pIOYiIiaa fD Pmpaph 2 otthis 8eGIIIity 1DstnJmcnt for the payment of
the premium tor bazud hmuranco 011 the . ~ ancl (iJ) BoITOW8l'. ohJfptioq UDder PmaraPh 3 or this
·Seasrity rnstrumcat to maintain baard iDsunnce on the Property Is deemed SBtiJfied to the crxtent that the
rctiubcd coyealt ;8 provided by the 0WDaI' AssociadoD policy. Bonower JbaIl si'Ye Leader prompt aodcc
of Illy Iap,a fJ1 IeqUired ha2lU'd iaBuJuce c o ~ ad oflIlY lois oceunina fi'om • humd. III !be evont of.
distribudoll oflIazard iDIUI'aDce proceedIln Heu otRltoratloD or tepair tbUowiDga Joss to the Pmperty or to
comQ1OQ areI8 aDd adUties of tbe PUD. my pmcecda psyablc to BODO'MI' Ire horeby assipcd aDd iliaD bo
paid to lADder 1br appIicatiolllO Ill. IU1DI secured by ddI Sccari&y,..Iasa1a:mmt,' with any om:ts8 paid to the
artity lopUy eu.titfcd thc.rcto.
B. Borrower promises to pay aU dw1U IUd llBelauenti Imposed pontJ8Dt fa the legal inaUumaI1I c:reatina BncI
IOvemfnl tho POD.
c. rf Boa'ower docs not pay PlID duel and lSIeI.entI wbea duo. Ibon Leader may pay them. Ally amaunrs
dlsbuned by Leacfcr under Ii~ parqraph C shaD becoD1B additioaal debt ofBarrower secured by tbo Security-
IustrumCDt UaJess Bouower and Lender agree to _ temII ofpayuicmt, thcso ~ shaD bear laterad
fi'am tho date of ~ 8£' tho Note Jate .ad shall be payable. with interat. uponnodco 60m Lender fA)
BoJrower requestias payment. . . ;, ' .'~
BY SIGNING BELOW.
J
Borroweraccepca and asreea to the tcrmIlDd provisionl contained h1 t1ds PUn lUcIer.
t.)
THIS PLANNED UNIT DBVELOPMENT RIDER is madC on June OS, 2008:1 and is incorporated into and shall be
deemed 10 lJDend and supplCmcnt 'the Mongage,' Deed of Trust or Secmity Deed (the "Security Instnm1elJt'l) of the
same daat given by the UDdenign('<f )~wo"D B'C to secure Borrowers Nate to Liberty Reverse Morteage, 'IDe., •
CalifornIa CorporlUoa, ("Lcudet') olthe same date and covering the Property described in the Security Instrument
and located at:
OAK RUN
POO COVENANTS. III addltfGD tq .thee CGv.aJlt.! ud agreemeatl made III the Securily lasuumeat. Borrower
aDd Leader farther COYIUDt aad s3IU .. faDows:
A. So lang u the Owners- A!!.o·:iation (or equivalent eDlity g~cb title to common areas and facilitics, acting u
trustee for the bomeowners. maintains, with I pneraUy accepted Insurance camer, a "master" or t'bJaoket"
policy insuring the pmp=rtJ located in the POO, including all stn~Yorpmi DOW exiatiD' or hereafter erected
au the tnortpged preznls~, .and such policy is satisficroty to Leader and providea ~ u i coverage in the
amounts, for the periods, d~ against the Iumu'ds Lender and tho Secretary require. including fire and other
hazards included wiChin tte term "cx=ded coverage," and loa by flood, to the extant ""IUired y~ the
Secretary, thea: (i) LeDder ".mves the provision in Puagraph 2 of this Security InstNmel1t for the payment of
the premium for bazard e ~ i CD the Propeny, and (ii) Borrower's obligation under Paragrapb 3 oftbfs
SecUrity IDItnJmeDt to niat~ hazard iosunmce 011 the Property is deemed satisfied to tho exteDt that the
required covCftle is d.~i\orp by the Owuors' A.aociadon policy. Borrower shall giva LeDder prompt notice
of any lapse io required'tunard inIID'IDCe coverage II1d or my loss occurrinS from a hazard. 1n the event of a
distribution of bamd imutlace proceeds in lieu of restondiou or rqJair following I lou to the Property or to
common BRIS aad fAcilities ot the POD. auy proceeds payable to Borrower are hereby ulisned aud lbatl be
paid to Leader for application to the sums secured by this Security IDstrunlent, with any oxceu paid to tbe
entity Jegally eadtled .~ercht
B. BOI1'Ower promises to pay all dues and assessments imposed pursuant CO the legal instruments creating and
governing the PUD.
c. If Borrower does not pay POD dues and usessmentl when due, then Lender. may pay thent. Any amounts
diJbursed by lAmdel' under ti~ paragraph C, Jah~ e~b additional debt of Borrower lCCured by the Security-
Instrument. llaJeu B o n ~ and Lender iltee to ~ o tams of paymeu~ these amounts Iba1I bear iIJtcml
6:cm the date of disburs~ t at the Note rate and shaD be payable, with ~ni upon notice from laida' to
Bcmower requesdDg .t~myap
I"
BY SIONING BELOW, Borrower
. .:
aCcepts
. and agrees to the terms and provisions COI1taiDcd in this PUC Rider.
.... '
bRcfope AI. Eiillupie, =r.t .Iter,
'~ ~_)T~
MaJlkfuaple, TnJte.
Pap lorl
'\ :
..
EXIIIBITA
Bxhibit A to tho Martzale made 011 May.29. 2008. by Pellelope M. Gillespie, Nell J. Gmap1e aad Mark G1Uesp1e. u CD-
Traet- of Tba GJDesple PaadlJ. 1J9IUC Trust ~ t clI1Id JlcbrlUlrF 10. 1"., ("BonoWeI") tD Uba1Y Rl\'enc
MDrtgage, be. ("Lenda"). Tho Property fllClC:lRd In the caunty ofMarton.ltltIl ofJ'l... descrlbcd .. foUOWlI:
Description ofProperty
Legal Dw:ripllon attached 'hereto IS 'BXhlblt A' and by 1his refermce made • part hereof.
1ml i~ l fi l f . U45842B63-18KF13
t1CRTGAGE
US R.cardlngs
~
~\ ~l:t\r.a
THIS MORTGAGE ('I "(y' 1 ~ a u J or ·Sacood Socurlty IDtrumeut" is given OD lune 05, 2008. The mortgagor is
Penelope M. GJUesple, en 1. Gl1IeIpfe and Mark GUlaple, • Co-Trulteea of The GWesple F_Oy LIving Trust
AgRement dICed February 10, 19'7, whose addma is 8092 SW 115tb IMp, Ocala, FL 34481 ("Borrower'? This Security
Instrumeotl given to the 8ecretaJy of Housing IDd UJbaIl Development. and whose address is 451 Seventh Shot.. S. w.,
WashiDgton. DC 20410 rLeadet1 or rSecretary'?- Bo[JoWCl' bu qrood to ~ CD Lender amOUldl whlch Lend. is ob6pted
to advance, Including tbbR IIdvances. uDder the tcrmI of. Home Equity Conversion Loea A&remaeat dated the same date II
this Security 1Dstn1meDt ("Loan Apemeat"). The agn:em.eDt to ~ is evidoDced by BoJrower's Note dated rho same dale IS
this Security IDstrwneot ("Second Note"). This Security IDatnuDeDc RGUIeI to Lendm': (a) the repa)'lDent of tho debt evideaced
by the Second ~oN with ioterest, at a rate IUbjeot to a4jlJlbnea(, and aJI renewals. emnaions IIId modJ.fioItioos oftho Note. up
to a muimum principal amount otOae Ruadred Nmecy-lClPt TJaaannd ad 001100 Dollan (1198.000.00); (b) tbG paymt4lt
of all ather sums, with imerest, advnced 1B1der Paragrapb 5 to prorecl cbo security or Chia Security lnatJutnem or othawiao due
QIldcr tho teDD8 of this Security InIcrument; and (c) the pcrfonD8llCl of BomJWa". COveD8llfs aDd agreemcaCl under this Security
Instrumc:l1t ad dle Note. The Ibll debe. iDcludins ell ammmts described m(a). (b). aDd (e) above. .fnot paid earlier. is duG and
payable OIJ October 1', 208t. For ~ ~opw Bouower doeI bereby mortgage, graat mel oonvoy to Lender, die foUowing
descn1)ed property located in Marlon County, 'lorida;·
The real property located at the addrcs' 8092 SW ~15 lA)oP7 0uJa. FL 34481, in e~ County of MarlOIl, state of FL.
described more funy on Bxhibit A atrach:ed to thil Mortpgo.
... ,
. ,"',......
TOOETHER Wl1H alllhe UnproVemcL'.1s JIOW or hereafter ercgted:on the ptopcrty, 8Dd all easomatU, righ1lt appurtenancea, aud
fixtum now or hcrea&r a part olthc property" AU replaceDHDts and additiODl aha1l also be d~oc by this Security lnItrumeDt.
AD ofthe gnJo~)(r is morrod to in this. Security IostnnDeut IS the '7roperty.II
. BORROWER COVENANTS that Boaower is Jawfiilly lCised of &he estate hereby conveyed and has the right to grant and
convey the Property aDd that the Property Is only encwnbetod by. Pbst Security Iaslnuneat given by Borrower and dated Cbe
same date .. this Socurity Iastnunent ("FiJlt Secmity 1DsfrumeDt'). BoIrower WBDaIdS and will defend genem1ly the title to the
Property against all claims and demands. iubject to any CtIIcwnbrances of rocord.
THIS SBCURITY INSTRUMBNT eombmea uniform covenants for nadonal uao md oon-UDi1bmt covenanta with Umited
variatiODS bynoit~jdaru to CODItitute a unifollD eecarity inItrumeat coveriDgJal proporty.
.!,I
1. tae~y P or PrJndpaJ and .t~irel '. Borrower 8ha1l pay when due the priacipal of; and inaeJat on. tho debt evidenced by
the Second Note. .
2. P."mat or Property Charges. Bonower s&all pay aU property dJarBes consisting of blxes, JI'OUIId rcuts 1Iood lind hazard
insuraace d n a : ~ special ~ in a timely ~ •.. aDd IJIaIl provide evidence of paymcDC ~ Leodcrt ui1Iess
Leoder pays ~orp chargea by ~ ding fimds _ montbJ.y p&ymeJltl duo to thB r ~ or by charJinc sucb paymcatl
to • 1h1e of credit as provided for in' ~ Loan Agreemc:ut. Leuder may require BomJwer to pay tpeOified property gbmps
directly to tJ1e patty owed paymenthguo t·~ Leodu pay. oCher property cbaraca u provided in dIis Parapaph.
i·· 3. Fire, Flood Bnd, OtIaer,1IazanI laiuraace. Borrower' ahall Juuq aU improvemcnll on the Property, whether now in
I existence~cer ;ydneuqclb s,ro ~ 9ia any ~ casualties, and ~ aDidulc~ fire. This ioaurance aball be
maintained in the amoUDts. to the t~xc and Cor 1he periods NqUired by Lender. BoD'Owel'shall also.iDsure aU improvomeDts on
the ProPerl¥. whether now in exiateDce· or 8UbIequently eredl:d, apioIt loa by floods to the tlaI~ ~ by Louder. The
insurance,policies and any reoewala·1haU be held by Leader and sbaIl taelude loss olb.~ap clauses in filvor of; and in a tbnn
aCGCptable to. Lender.
In rho ,,,eaC ~lfo 'Borrower shall gi\le LeAder immediate c~ilon by maiL LeDdct may make proof of 1011 if IlOI made promptly
by Bonower. Bach iDsu.ruca company coaccmed Js hcm:by authorized sad dirtc:tcd to makD paymeat for suob lOB8 to Louder.
instead of CD Boaowcr and Lender joirJiy. IDaurlnce proceeds shaD be applied to restoration or repair of the damaged Property,
if the mtoratiOD or repair is economir.ally teaslb1e IDd Leuder'1 ~ is nol lessened. )f tho n=storatiOD or repair Is not
economically feaaible or Lender's yt~ would be lessened, the IaauraDce prvceeda Iba1l be applied first to dlo reduction of lDy
indeb&edDess under the Second Note (lid this Security IosINmtrll ATI1 excca iDsuraDce proooeda over 80 amount ,requftd to
pay an OUI8t8adiag iDdebtednesI undet ~.be Scccmd Note BOd thiI Securily talll'umentlhall be paid ro the endty legally emitled
thetCto.
In the t ~ offoreclosure of this SeeJiity Instrument or other traDlfer of titlo to the ~porP thai ClXtJuauishea tho iadobtedneas.
all right, title 8Ild inteRst ofBorrowCt da,~ to 1aIUIIDCe polklOi in tome ahall pUI to tbe"pun:ba8cr.
BOmJwer' shall Dot commit waste or dUcIoy, dama8e or I\lbatmdally cbanp the Propedy or aROYl die Pmperl)' to deteriorate.
reasouable wear and tear excepted. Bomnver MaJJ also be. in ~ if BonOwer, duriDg the Ioeo application procass. gavc
.materially &Jse or inaccurate n~amrofnI or ,~nmta s ro(., edn L·~ fiilcd to pmvfdo Louder with any material fnformadon) in
CODDOCtion with th' Loan evideaced bY the Note, tncludliig. but ~ limited to. npreseoladoDS couceraiua Bonower'1 occupaacy
of the Propcny as a pli.ncipal ~ .If thb SOeurity ImtnuncDt iI on a 1eaachoJd, BonowCl abaJJ comply with dJo provisioDs
ofthc lcaso. If Borrower acqufrc& fee tide' to ~ Property. the leuebold aod teo tide shall not be merged unJeas Lender agn:es to
q~m~qm .
S. ChaJ'la to BoJT01ftr and l1~nP 01 Le.der'. IUglatt In tile Pro~. Bcmower ahaU pay au govemmeDJal or
municipal charges, fiDes and irnpoIit1oni"that 11'0 DOt inotuded In PaJ1l8l8Ph·2. Bonower .ball pay theIo obtigadons on time
dUecdy to the eatity which is awed the paymeu.t. Iffililure to pay wouId advcneJy atrec:t Laader's iImeIt in tho Property, upon
Lender's request Bonower shall promptly lUmish to LeDdet teeeipCI evidenciog Chese p8ymeat& Barmwer maD promptly
discharge aDy lien which bas priority oVer Ibis Security InlbUmcut ba the IDIDIIet prcMdecI,1D Patapapb 12(c}.
To protect Lendar's" y t ~ in tho ProPerty, Lender sball advamce aad chqe to BOlTOWer all amoun18 due to the Secretary for
the Mortgage Iastnnco Premium , . ~ • defined ia the LoaD Agreement .. well as all 8UD1I due CO' the loan servicer for
servicing adivities ("Servicillg Foe1l) u dermed in the Loaa AgreemeaI. kay amoUlltJ disbursed by Leader under IbiI Paragraph
are obligafoty and sball become 811 additional debt ofBonowar u provided for to the Loan Asrcement and shall be secured by
IhU SOC1aity lasbumGl1L
6. lapeCUOD. Leader or itB agent may eater em, iDspect or make epprafsaJa of the Property in • reelGlJ8blo manner and at
reuoDable ~ pmridod dust Leader .ball give die Bonower DOtic:u prior to any inspection or appraisal specit)ring a purpose
for the inspection or appraisal which must be JUDd to Lender- fnterat in 1110 Property. Utllo Ptopen, is vacant or ablrJdoncd
or the loan is in default, Lendot may take ftJI.ICm8b1o dOD to protect aDd preserve such vacant or abandoned Properly without
DOUce to the Bonvwer.
7. Lloit~DmednoC '!be procoecls of any aWan! or daim for cIaDIap, dlreot or cemsequaltial. ia amnccI10D with any
coademoatiOD or other taIdDg or my part of the PJOperty. or for COIMIY8IICO ill plac:e of condenma1ioD, .ball be paid to Lender.
The proccoda sIJaIl bo applied tim to tho reduction of my iDdobtedaca UDder a Second NoID and Second ~ fnstrucnent
held by the secncary to tho Property, and tIleD to tho Jeduction of the iadebtedoeslllDder the Note and Ibis ~ tDssnuucnl
AJJy GcesI PJ'*Cds owr an uaouat rcciuirccl to pay alI outatIDdJDI iDdebr.allleas UDder tho N9te aad this Securily Instrument
shall be paid 10 tho entity legally aititled thereto.
a. Fea. Lender may collect fees and ;haq0l authorized by tho Secretaly.
,. Grounds for Aceeleradaa ofDebt.
<a> Due aad Payable. LeDder may IeCJUin' ~aid:m h payment in fW1 of aJllUDLS scoured by this Security Instrumcat If:
(i) A Borrower cHca 8llc11bo Propc:rty 1I1lO1 the PrindpaJ le8idmec ofat [oat one 8UtVMDg Boaower; or
(ii) AU of I Bo.aoweta title in dlo Property (or his or her b8DOficfa1 iDteIUt in a tru8t 0WDIna all or part 1110 or
lwehold UDder I for Dot less dum 99 )'eatS whicb is ftIleWIlble or a leesebe.
Property) is sold or odtetWile trIII1IG:Md ID. no odI« Domnwr mains (a) dtlo 10 abe Property in fee simplo. (b) a
lease alllDliJiag period ofnot
less dum SO yell'l beYond tho data of the 100th birtbday of the youqest Borrower, or (0) a life es1aIe In Ibc
Property Cor a beneficial inIerut in • tIU8t with such Ib in_ in dao Proporty).
(iii) no Property ceases to be tbc prkJofpai residcace of. Boimwer for RtISOJ1S ok dJan death IDd tbe Propa1y is
DOt die pnncipall'Clidence of•• least one other Borrower; or
(iv) Por a period of longer tbaa twelve (12) consecutive moatIIJ. a Bortowor faDs to ph)Cally occupy the PropClJlY
becaulo ofphyaical or mental lf1Deu aDd the ~ it not tho pIiDcipal residence of at lcaat ODe other Borrower;
or . .I t
. \:'w
(b) Nodce to Leader. Boaowcr aha11 ~OD die LeDdc:c whr.aever my of the oYeDts lilted in Puapaph 9Ca)(d)-(v) 0CCUt.
(c) Notice te Borrower. Lender sban D O ~ lJonowat whenever the 10m beeomes duo and payable uoder Puqrapb 9(a)(U)-
(v). Leader.balI not have the ript to comm=ee foreclose until Boaower 1lIII had thirty (30) da)'l after DOUce Eo eitber:
(i) Correct the matter which resulted ill the Security Iastrumeat comio.a due aDd payable; or
~ LF
fcd f/,?J; ·jJ.
~
Book5057/Page1685 CFN#2008065290 Page 3 of 11
.......-.. ::..•.... ",. ' : ..:.
(4) Trusts. ~nayeVIJOC ore Bonv,vetS interest in the Property to a trust which meets the requJn:mema aftho Secmmy, or
.ecD8ye~ of a b'uBt'1 ~etni ita tho Pmperty to a Borrower, shall not be CODSidered a CODveyaDce tor purposes of this
Paragraph 9. Atrust shall not be ~dfsnoc aD occupant or bo consldaed II baviag a principal resideaco for purposes of this
Pangraph9..
10. No Dd1eleney Judgmentl. Borrower shalf have DO paraoualliabiU17 for p.yment of tile debt IDCUrCd by tbis Security
Instrumenl Lender may enfbfIe the debt OIIIy tbrougb ale ofdie Propaty. Lader sba1l. DOt be peanitted to obtain a dcticJ.ency
judgment apinst Borrower Iftbe SCQUity IDstmmant is fbrecloaed.
11. Reinstatement. BOl1'Ower bas a .right to be rehutalecl ifLenda' hI! required immediato payment in fUlL This right applies
even after forecl08um proceedings are instituted. To "'iDItaIe dJiI Security lDstmmeat, Bouower sbal1 correct the conditioD
which reawn,d in the requirement for ilnmtdiate payment in:fWL Foredolure COIt8 and lCISonable aDd customary attomeya' fees
and CXJ2enses properly associatM witb a fcnclosare procoediDg aba1l be lidded to the principal balauce. Upon reiDslatement by
Borrower, this Security IDatnament and ~ht obUptioas that it secures sbaII Rm&i1 in effect as if Lcuder lIad DOt mquired
inunediate paymool ill fWL HOweYtr. Lender is not zequinx1 to permit tna~ If (i) Lender baa accepted reiDatalement
after the commencemcot of foreelO8UfC. proetedinp witbiD two (2) )'WI Jmmediately proceediDg the COIIDD8uccment or a
cutreDt fo=1osuro proceeding, (ill rebtCemmr wilf precblc inc108um on di1rcreDt JIUUIldi in the ~ or (di)
mostatement will adveDely affi:ce the priority ofthe Security InsEn1mellt.
(b) Tu Deferral PnenDlS. 80rJvwer shall DOt padlcipate in 8 real CICde tax defeIral program, if any 1imIa crcaIed by Ihe
tax deferral aro not subotdinate to Ibis Scwri1y IDsIIUmeIIt.
(c) PrIor Lte.n.. Bcmower sba11 promptly dilcharp any Dca whidl bu prio.ril¥ over this SecUrity IDatrumtDC uuloss
Bozrower: (8) apes in writing to lhc payDlCIIIt of the obliptioa seemed by the Iica in a JJJ8IIIIeC acceptablo to Lenclor; (b)
COllle$tl ill load faidJ the lien by, or defcuds "-t ~ of tho IieIl fa. Iepl proooediap wbJcb fa Ihe 1.eDdcn
opiniol1 operue to prevent tho ea.fo.rcem.em of tII'ltm ,nut~fro' of Iny part oftho Property; or (c) IeoureI &om the hoidar'
of the lien aD apeement ntisfaetory to LcDk:r 1UbcmJiDaling. tho Bca 10 aU amo1ZDII secund by Ibis Security JDIdnUnalt. If
Lender clete:rmiDes that any pan or Ifle Property is subject to alien which may aaam priority over Ibis Security InatnJmenC,
Lender may pvc Bonowe.r a DOti~ ~g die lien. Bouower abaII aatiafy the lien or take OM 01' mo~ ottbe actions act
forth above within ten (10) days oflac sfviDI·ofDOtice.
13. RelaUoalhlp. to I1nt security iutruaae& .
C.> Secoad SecaI'Ity Iastrumeut. In 0RI0t to .ewte paymontB whfah the Secrctmy may make to or on behalf ofBorrowcr
purs~t 10 Sectioll2S5(i)(1)(A) ottbe Natioaal HousiDg Agt IUd the Loen Agrccimeat. the Secretary ba required BoDOwer
to execute a Seoond Note BDd Chis SCcoDd Security ~ I D 1 Bonower has aJso executed a Pint Note and Fi.llt Sccuri1y
InstnuuDL
(b) aelaCloDShlp 01 J1nt madyt~d fces laltnulleatl. PaymanIIlhado by abe SccreI8IY iban Dot be iao1uded in the
debt under tho Fint Note ualess:
(i) no
Fhat Security Instrument fa usipcd to the Secretary; or
(iil The ~ S accepts re'.mbuacment by tho holder ofth:e FhltNom Cor aU payments made by the Secretary.
r.'
If tho secnatBwri~ debj~ in (i) or (u) occur, the2l all payments by the Socrebuy, mcWdiDg interest OD the payJDenls but
excluding latu c&araea pald by the J ~ S than be included in the dClbt und« tho Firat Note. '
(e) Effect OD Borrower, Where 1hero i',rio assJgDmeDt or reimbunement 88 clesafbcd in (b)(i) or (U) and the Secretluy makes
paymeurs to Borrower, then BOIrOwer fha1lllOt: .
(i) Bo required to pay amOums owed UDder the F"1l1Jt Note, or pay any nmtIlDd reveuues of the Property 11IIder
Pmgraph 19 ro tho holder or the FJIIt NolO or a receiver of Ihe Property. until the Secretary .... requked payment
in fillJ of aU oulJlaDdiD,principal ad acemed mterest UDder Ibe 8econd Note; at
(li) Bo obligated to pay Interest or shared appreciation UDd« the Pint Note at any tUne. whether accrued beCore or
after tho payments by the Secrotuy. md wh01her or not accnzed interest lw been inoluded in the pri.Dcipal bafanco
under the Y'U'St Note.
(d) No Duty 01 the Secretal7- Tho ~ S has DO duty to the holder oftbc altho First NOlO 10 eoforce covenants oltbe
Seeoud SecuriCy InstnuDalt or ~ ta.1ce·aetioos JD pzeserve the valuo ol1be Property, even though 1be holder of tho Fait Noto
may be unable to a»llect amounts de'~ under the Fiht Note baoause ofrestric:tiODS in this P8I8p'8Pb 13.
(e) ReltrletloaJ OR Earorcaueat Notwithstanding my1hJng else in chis Security Instnuneot, abe Borrower shall not be
obJigacm to comply wich tbe covenaall hereof; and Pampph 19 IhaJl havo DO throe ud effect. wbeDever there iI no
oUlBfandiag CD8~ab wulet tho Second ~oN
14. Forbeannce b)' Lender Nol a Waiver. Any CorbearaDce by Lender in ClerciJiaa any ript or muedy abaJ1 DOt be. waiver
ofor precJudo the exercise of any dght or . y ~
15. Successor. ad Aalgal BouDd; JolDt and SmraI LlabiDty. Borrower may not assign any rigbD or obl1gatjoos under
this Seourity IDstrumeot or UDder tho Sccoad No.. cacept 10 • tnut that meats Ibo reqairemonta of the SecrctBry. Boncwetl
C()VID8Ids and 8J[CCl111eDIB 8baU bo joint ud acwraJ.
16. Notices. AJJy nolice to rewo r ~ provided for in tbiI Sewrity IastrumenlIhaD bo givCD by doIm:riD& it or by maiJiDs it by
first class mail unless appUcablo law Rquita use at uother motbo<L The notice abaU be directed to .tho Property Address or auy
odler addresl 111 Borroweil jointly deaiinate. AIry Dotice co th" SecreIaiy Iba1l be giwu by thsr class mail to lbo BUD fiold
Office with jwisdicdcn Ova' the Property or my other addreaa designated by the Secreta1y. Any nodco provided for in Ibis
Secwity IasbUmem sball be deemed to have becm p,.
Eo Borrower or Lf.Ddcs"whGD giva;laa provided in thi! PaJasmpb J6.
J1. GoverofD, Law; SeverabIlity, yliruc S'~ laBbUme.nllhaU be govaned by Focferallaw and the Jaw ofthejurildictfOll ill
which the Property ia localld. ID Ibe t~Vc that aay proris_ .~ clause ofthis Security IDsirmnenI or tho Sceond Nate coDftJctl
with appUcable law, such CODfllct .hall not affect a1bet provlslOJiI.. of this ~ S
W IastrumeDt or the Scooacl Hole wbicIJ CIUI be
given effect without the conflicting pnMsion. To this .ij die proVisiCJIII of d1ls Security lDstIumeDt and the Second Note are
declared 10 be ,everable. .
18. Borrower', Copy- Borrower ahalJ bo given ODD coDfonned copy of the 5ec:oAd Note and dUB Seeurity IIUUIUlDODt
19. AsligIllDIIlt of RenI8. Borrower 1UlC01IdidoaaUy aseipa and 1raDJ{8l'8 to Lender aU the _ .d nweaues ollhe Property.
Bonowcr authorizes LcDdcr ~ Lendcr'8 aputs to collect the rcata and rovenues aad baeby dlroetI each tcruot ottbo Property to
pay tho ICDts o~ Lender or Lender's asemi. Ho'WCYeI', plior to Lendcr'. Notico to Bonowor or BOJI'Owa'a bNacb ot 8 ' covcnaDt
or agreement in the Security Inatrmneftt. Boaower abaJl collect aDd Reom, a1Il'11ds 8Dd NVCOUOS of the Propa1¥ II trusteO for
or
the benefit of Leader and Borrowor. This aaigmncnt rents constilUla aD absolute uaiglimea.r and DOt an asBigomcot for
additional ,eewity only.
4 If 4nder gives notice of breiu:h to Bonower: (8) an R:Ilta rcceiwd by Borrower shall be held by Bonuwer as trustoe for benefit
ofLcnder ontr. to be applied to tile 8DIDS secured by this 8eourity InstIumem; (b) Leoda' IhalI be entitled to colloet and l'OCeivo
aU of the renlJ oftbe Property; and (e) f1Bch tenant ollbo Proparty thall pay all ta1I8 due and tmpaid to Lender' or Leader's agent
on Le.ndcta wrinon domaDd to tho tDDant
Borrower has Dol executed any prior easlgnmcnt of the lalla IUd has Dot and wiU not pcrfoJm any act Ihat would pJeYeDt Lender
tiom gniscr~ it! righes UDder this Paragraph 19, Clccpt II provided ill 1he First Security IuCnuncDl
Lender sbaU DOt be required CO entar upo~ tab control of or maiDtaJn the P:ropcJty bef'ore or after givml DOdce of breach to
Bonower. HOWDVCfI Lender or • jud1~y appointed I1CCivcir'may do 80 at Ill)' tiDm there ia I broach. /uJy application ofrentl
shaD not cure or waive any default or invalidate any other rfaht or remedy of Lender. This aaIpmeat ofRJltS of the Property
shall tenninato when the debt sccnuod by thl& Sceurily lusCnmleDt is pald in 1bI1.
20. Foredosure Proeedure. IfLendel" requlra immediate pqmeat III fall under .aralraph " Leader,lDa, foreclose thia
Security IOltrGlBent by JudJdaJ proceeding_ Leader IJuID be edOed to coiled aD upenlel JaetoTed III Punutnl tile
remedies provided Ia dais Pangrapb 20, bldudln., lJ.t DOl UJDlted to, raaoaable aItoml1.1 fees IDd colts or tltl.
etidmft.
2J. IJtn Priority. Tho fiaUamouut sewred by this Security lDstrumeat .bIll haw a Den priority aubonJiaaee oaly to the ftdl
amount secun:d by the PiDt Security lutIumeol
n. Adjustable Rate Jleature. Under.the Note. the fDitfaI 'blted iDteR:st rate ofTJaree ad '''100 pacem (3.660%) 'Which
se~ on tho uopaid principII balance {uTDitiai InCDmt Rate-? is subject to ch80geJ 81 deacn"ed below. When the interest tate
changes, the new actIusted intaat rate Will be appUed to the fQtal ouestaadiDg priacipaI beIaoce. Bach Idj1l8bDellt to 1he inea.t
("Indcx")plus a Ill"
rate will be bued upon tho weekly average yield em lJDited States "Inasmy Securid. adjulted to 8 CODSbUIllJl8QJrity ofone year
TIle lDda Js published In the Pcdaa1 Reaervo Bulletin IUd made awilable by tile UDiIecl scacaa Treasury
Department io Statistical Release c}9l~(SI.H If tho Iaax 11 DO longer avaifable. Leader wiD be ~ CD use .y to.
prescribed by the DeparbneDt of Housing and Urban Developtnellt 'Ibo IUJW IDdex will have • bistDriclJ DlDvement
substantiaUy similar to the origiual iDdt«, and tho new iDda and margi!l will RIIUIt in III annual pen:eDtap me that is
substantially similar to che rate iD effect at dle time tho orlp.at index becom. unavailable.
Lender will per1bnn the calculations dosenoed bolow to decenuiDe the 11ft' adjusted intel'elt rate. Tho interest rate may change
on SepteadJer 1, 2008, and on the first day of _ aDd on dill day of eadt u:ceeding year, or X.... the tint day of each
succeecUq month (CbIllP Date) unlil tho loan is repaid ia iuD.
Tho value of tho Ind«c will be derennined, using die DJOItrecent1Ddcct figuro available thirty (30) daya bo1bro the Camp Date
("Cuneo! Index R). Before each Change Date, Ibe'new interest.rato will be ~ J a c 'by addina a margin to the Cumat Index.
The BUIll of the margin plus tbe Cumnt lade. wID be called tho. uCalculaCed Intarat RateR for each Clange Dale. The
Calculated IDterest Rate wU1 be compared to the ~ni rate m. .cffecl immediately prior to the cuneat Change Dare (the
misting In.erest Rate). .,. ..
Alana'" AdJUltiDl V.,.Jable RaR J'utllr.· The iDtercat nte will DOVer inorease or decrease by more
than two pen:cDtase pplnta (2.0%) em aay lingle Change nat8. The mtl!:rest rate wfU never· be more thaD
five percentage points (S.G-h) hJaber or lower thim the fDfdII iaterast rate stated in Paograph 2 of this
Note.
~ MOiltJaly Adjusting Variable Baja feature • The CaJcuIated Inteteat Rate will Dever 1acr80 abovo
13."CIYo.
The dc18d~ Interest Rate wiD ba acti.usted ifaeceasary 10 oompJy with the rete limitation(s) dcscdbed above IUd wID be in
effect until lIle next CbaDge Dete. At any ch.... _ if the Calculated Interest Rate ~qe .the BxfstiDg Interest Rata. Cbo
intorest rate will Dot chanp.
(~'
23: JleJ- Upon PaYment of all sums secured by tlris Security Instrument, Lender shaD release this Security Instnunent
• With~ charge to BOlTOWer. Borrower shaD pay any recordation costs.
24. AttorDt)'I' Fees. As used in thfs Security Instrument and the ~ "attorneytf fees" shall include any attomcyJ' fi:cs
awarded by an appellate court.
25. RIder. to this Security JnatrDmeut. If one « more ridal are executed by Bonower and teCORfod together with this
Security lnstnm1cnt, the covenants and stoe~. of each such rider .ball be inCOl'p(X1lcad into uxI shaJ1 .memtand supplement
the covenants and agreements ot this Security Ins1nlment as if tile rlder(a) were • part of this Security Instrumatt. [Check aU
riders that are applicable].
SignaGDe:
J. DSTEE
eM.
STATE OP FLORIDA
::r"Je dtl'4 . by Petldope M. GU1eIple lid Peaelope M. GlDespie. Trustee, 'Mark GIllespie. ~surT
NeD J. Gmcsplt. Trustee. who is peaona!ly known to me; whO ~ produced
• ":'-> ..
'·~- " :_- =~ I.;K ~ / W .! :I& ~J'4z n:d _u·.identification and who did (did not) take an oeth.
~ _/2/
~ Notary Publlc
Name: RICHARD T. KWIATKOWSKI
~(jI-zLF
1~P .~
.:.
~ If 4nder gives notice of ~ to Borrower: (a) iU rents receiYCd by .Borrower Bha1I bo held by Bonower as txuatoe Cor benefit
ofLender only, to be appUed to the sams secured by this Security IDstrumeaI; (b) Leada' shall be catiUed to collcct and 1"CC'eivo
aU oftbe rents of the Property; and ee) each tenant alibI' Propany IhaU pay .11 rcnI8 due and uupajd to ~ or Lwlor'8 agent
on Lendatl written demand to tho tmumt
Bonower has nol ~exo my prior as1gmncat of1hc reula and has Jlot IDd win not pcrfonn Ill)' act that would prevent Lender
from exercising ita rlghta UDder thia Paragraph 19, Clccpt II provided ill 1he Pint Security IulnJmeDl
Lender shaD DOt be required CO GdI:t ~ take control of or mabl1liD tho Property before or afier givlag aotice of blaCh to
Bonowct, Howovcr. Lender or. judicially appoiDted receiver may do 10 at any tbne there iI • breach. Arry appliQtion of renrs
.hall not cure or waive any default or invalidate IDy other riaht or remedy ofLeador. This aaalBJ]D18nt of nmll ot the Property
shaJ1 terminate wham the debt sooured by thi8 Security Instrummd is paid in llill.
20. Poredosort Procedure. U Lender reqlIIra immediate paJIDeDt ~ full under Paragrapll " Leader ,may foreclose thia
Security Instrument by judlcl1l1 pruceedhll. bader aIudI be eatltled to coloct all Gpuaa lneurred In panlllng tile
remecUes pnnrlded la dais Paragrapll 20. IndUdiDg, bat nOC limited to, l'eIIOaable attorneys' fees lad colts of title
evidence.
2J. !Jen Priority. The faD amouot seand by Ibis Security IDatrumcot ahaI1 avo a Hen pdority subodoate only to tho ftdJ
amount secured by the PiJJC Security IDItrumenL
12. Adjustable Rate Peatare. Undei .the Note. the iDicia1 stated interesC rate of TJaree ad G6I100 percent (3.6W,4) which
8CCnJe8 OD tho unpaid principal baJaDce ("TJUtiaI JDtarest Rate") Is IUbject to ~ c u desclibed below, WheD 1110 iDtcrelt rate
Ghang8s. the Dew adjusted interest mre ~ be applied to the totaloutalladiaa principal baJance. Each adjuatmeDt to the' interest
tate wiD be based upon d1c weeki)' ."erap yield on United StItes Tteasury SocuridOll Mijultcd to a CODSbUIt maturity ofone year
l'Indcx")pJus a margin. The Iadex is published ill the Federal Reserve Bulletin and made available by ~ U.aited Staces TRIIUI'y
Depattmeot ill Slatistical Rcleaso H.JS(Sl9). If the Iadex is DO loDger available, Leader win be n=quinMI to UIe IJIY iada.
pracribed by the Department of Housiq aDd Urban Developm_ The 1l8W index will have a bistorio81 movement
substandal1y similar to the origiDal index, and the new Index and margin will MIU1t In an 8DDU8l percentage rate that is
substantially limJI8I' to the rate fa efrect at the time tho originallDdex becotDel unavailablo.
Lender will perform the ~ dcsen'bed below to doIetmiDa the DOW adjusted iDta'est ate.. The laterest rate may cbanp
on September 1, 2088, IUd on the tint day of _ and aD Ibat day of each aucecedJng year, or --X..- tho first day ofeach
succeediD. month (Chmgo Date) until the loan is repaid In tulle
The value ofthe Indel will be detenniaed, using the D1DIt rcceut 1Ddax figuR= available thirty (30) days before 1bo Olan. Date
C'CuaenllDdexl ?- Before each Cbange Date, tho'DOW iDterell rate wiD be ~ -by adding a mmgIn to the CumDt Index.
The sum of the margin plus tho CUmat IDdex wiD be caUed the. "Calculated Interest Rate" tor each Chaop Date. The
CalcuJated Interest Rate wUl be compamd 10 the t~ni rat8 tcerf~,nI· immediatoly prior to tho cunont Chaop Date (the
IfExistiDg Interest Rate). ..
AnnuaDr AdJatilil Variable Rate Feature -Tho inten:It. rate wm Dever inorease or decrease by more
than two pen:eDIRBe ~lnta (2.0%) ou any aJnale Change Dale. The iDteftIt rate will never be more dum
five perceDtap l'Oiatl (S.O%) higher or lower IbiD abe inftiaI iaterat lite lilted in Pangraph 2 of this
Note..
Montl1ly AdJusdag Variable Rate Feature • 1be CI1co1ated 1Dtere8t Rate will Dever iDcaase abovo
13.660%.
The CalcuWed Interest Rate will bo ~f4a ifoece&UJ)' to comply with the rate Ibnltadon(8) dcscrlbcd above and will bo ill
effect until1he next ChaDg8 Date. At any ohaago dale. if the Calculated Interest Rate equals .tho Bxistin& Inlerat Rata. tIla
intorest rate will DOt cbange.
'li. ;Rolease. Upon paYment of all sums aecured by t'his Seourlty Instnuneot; Lender ahall Rlease this Security Instnlmcnl
, With~ charge to Barrower. tJorrowc:r shall pay any recordation costs.
24. Attorneys' Fees. As used jn IhiI Security !nstnwent and 1M ~o attorneysl fees" .hall mcJudc any attomeys' lees
aW8tded by an appellate court
2S. Riders to Chis Security Instrumel!t. If one or ~ ridtn IJ'e executed by liJomiWa' and teCOIded· together with this
Security Instrument. the covenants and qreemeota of eadJ BUd1 rider aball be incorporaced into end shall.mend and supplement
the covenants and agreements ot thiI Security InItntment as if the rider(s) wme a part oftbts Security 1n1tTUlnant. [Check all
riders that are applicable).
f,fn
=-( xIt -rGdiRe.~·- mui; !cerp·-.7~: h . . . . .Rider-
. .
• RICHARD T. IC SWOKT~
~S.A
:orutangi~
MARK GILLBSrIB. TllUSTEE
STATE OF FLOllIDA
Cilb~
Name: -~;. : ;. : RlCHAfIl T. KWIATKOWSki
_ _ _ . .
(.'
23. Release. Upon payment of all· sums secured by this Security Instrument, Lender shall release this Security Instrument
without charge to Borrower. Bonower shall pay any recordation costs.
14. Attorneys' Fees. As used in this Secmity Inslrument and the Note, "attorneys' fees'. shan include any attorneys· fees
awarded by an appellate . ~
15. RIders to tbls Security IDllrumellt. If one or more riders are executed by Borrower and recorded together with this
Security Ins1rument, -the covenants and agreements ofeach h~ls 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 hutrument. (Check all
riders that arc applicable].
ICondominium Rider
Shared Appreciation Rider
. I:Ridcr
BY SIGNING BELOW, Borrower accepts and agrees to the tams and covenants contained in this Security Instrument and in
'any rider(s) executed wer ~na lied with it.
Witnesses:
SignaturD:
~}'L;<~
PENELOPE M. GILLESPIE, TRUSTEE MARK G PIE, TR STEE
k~ 1I: ~Y.ZV - ~
Name:
'tit
~5d7-bJ/P
-4~ t
r~/m
FLzMMortpp
Pop 7
, ,
EXHIBIT A
BxhibiC A to tho Mortaas0 given on Jane O!. 2008, by Penelope M. Gmuple, NeG 1. GDlesple aad Mark GJDesple, u Co-
Trulteea of Tho Gillespie JlamDy Uvlul 'rrGIt Acreemenl dated Pebraary 10, :19,., ("Borrowos-) to tho Seortrary of
Boutin, aud 0. . DevelopJant, and whole address fa 1~4 Seventh Street. S.W.. Wallington. D.C. 20410, ~ueL' ( or
"Secretuy"). nc Property fa located In tho c:ounty otMulon. sllto ofn,. dacn'bed IS foJ1oWl:
Dcse.ripdoa ofProperty
Legal Doscripdon attached hereto as -&hibit A' IDd by thil refacnce made a put h ~ £
• • w_
LOT(S) 1, BLOCK G, OAK RUN WOODBIDB ~rcABT ACCORDING TO THE PLAT.
THEREOF AS RECORDED IN PLAT BOOK 2 AT PAGE(S) 106 THROUGH 112,
INCLUSIVE, OF THE PVBLIC RECORDS OFMAlUON COUNTY, FLORIDA.
--- -- -~._-.-------- -----
..
.':'0 ....
I.·• •
I.·
··f
PLANNED UNIT DEVELOPMENT RIDER
FHA Case Numlier: 091-440.57411952-155 Loan Number: 3'100
TInS PLANNED UNIT DBVBLOPMFNr RIDER is made on June 05, 2008, and Is iucotporIlCd into ad shaJ1 be
deemed to amend and supplement !to Mortgage. Deed otTrust or Security Deed (tha -security Jastzumomu or "Second
Security Instrumcut") of the same date &fWD by the undersigned (ClBOD'Owcr-) to sccuro Bmrowefl SocoDd Note to the
Secretary ofHoUBing arxI Urhan Development )"ledn L~ oftbo ,ame date 8Dd covering the Propen, desa1Dcd in tho
Security IDstnunent aud lacared at
8092 BW IJ5dl LGop, Ocala, FL 184~
The Property is a part ofa planned unit daveJopmc:nt (POD) .IaIown as:
OAICRDN
PUD COVENANTS. III additfob to thee coveaanfl da~ qrCtlJleaQ aaade In the Security IDItrum_t, BOIT w~r
and Leader furtber covenant and Bcne u roll...:
A. So long IS the ' ~ Asrodaticm (or cquivaleot cmtity boldlnl title to COIbJnQD .reu aad :&cilidcs., acting u
mem_
trustee for d!e hOtDCOWI1Cl'S,' wirb a .enemlly ace_ iDluraDco carrier. a ~r" or ~tcknaJb"
policy iasuriDs tho'pmperty located in tho PUD. bludins an impmvementl now existina or hc:rea1ta' CIlJCted
on tho'mortgaged prem.iscs.1Ild suab policy Js satiafactory to Lcodcr and pro\ridcs in8uraJ1ce oowralO in Chc
amounts. for die periods. and against tile hazarda LcIIder ad the SecrctsIy tt.qUire, iocluding fire and other
bmnis tDcludt:d with1D mret'~ lIezteaded coverap," and &au by flood. to tho extent required by the
SecrefllY, dleD: (I) Lender ,t'aJves thIS provtilon in Paraarapb 2 of this Seaurity JnsIrmnttd Cor die paymeut or
the premium for hazard e c ~ OD the Property, and (Ii) BonoYiOl'. obliptiOD under P8I1l1J'1ph 3 01 this
· Seasrlty fDstJumem to maintain IuIzard fDsurance on the PmpCE1)i is deemed satisfted to die exfeDt thai die
requind cowngc ia provided by tile Owners' AssociadOD polley. Borrower ahaU give LencJer prompt nodce
ormy IapIO ill reqai.nKl hazad ia8urulec coverage Bad of any rOIl oa:urdu, from I hazard. In dlo event ot.
diSU1lJution ofhuant iDaura.ace praoeeda in Hen ofratDratiOlJ or repairfoUowing a loa to abe Property or to
common areas aDd 1id1itias olthe PUn, aay pxoceeds payabJlS to Boaower ~ hereby asaiped and shaD be
paid to Lander for application to the IUmI secured by this Security IDSlrGmCDt. with any CIXCe8S peJd to the
entity legally eDdtlod Cbereto.
B. Borrower pnxnises to pay 3!1' dues and llleumema Jmposed t ~ to the 10111 iDab'umeD18 cradDg IUd
8l i~Ol tho PUD.
C. If Borrower does not pay POD dues and useasmeotB when due. thea Lender may PlY Ihem. Al1y amoun'!
disburaed by Lender UDder ~ paagraph CIhall become additioDa1 debt e:tfBOlTOwet ~ e I by dze Security.
Jnstrament. Unless ~ o B IIld Leada- agree to olber terms ofpayment, these amOUDIS Ihall ball' interest
fi'om tho date ot dilbw$emcnt It 1110 Noto ndo U~'dna be payable. with mterat, upGD aodco from LoIldor to
BOII01NI' requosdnJ ~ , " ~"w
BY SIGNING BELOW, Borro\vet acCepts and agrees to tile tem1a ad provilfoDs coataJned fa tbiI PUD Rider.
'aplatl
...
PLANNED UNIT DEVELOPMENT RIDER
FHA Case Number: 091-4405141/952-255 Loan Number: 39100
TIllS PLANNED UNIT DBVELOPMBNT RlDBR is made on Iune OS. 2008, and is incorporated into and shaH be
deemed to amend BOd aupplemi;nt the Mortgage, Deed o(Trust or Security Deed (the "Security ~nemurtsnl or ·Second
Security Instrumcut-) of the same date given by tho undersigned C'Borrower} to secure Borrower's dno~S Note to abe
Secretary of Housing and Urbau Development (trteDdertl) of the Same date and coveriDg the Property described in the
Security Instrument and located It:
8091 SW 115th Loop, Ocala, IlL 34481
The Property is a part of a planned unit development (PUD) known as;
OAK RUN
POO COVENANTS. In addttloD to thee coyeo••tlaad lareementl ...de 111 the Security IaltruDlCllt, Borrower
aDd Lader turtber covenaat Ind -poet u folio..:
A. So IODg u the Owners' Association (or equivalcut cotity holding tide to C()rnJDQn areu and facilities, acting IS
trustee for the bomeowncn. maintain&. with a generally accepted Uuimmce carrier, a "maatcr" or -'blanket"
policy insuring the property located fD tho POD. including BIJ improvements now existing or hereafter erected
on the mortgaged pn:miacs, and such policy is satisfactory to LeDder and provides insurance coverage in the
amounts. for ~bt periods, aDd apimt the ha2ards Lender IJId the SeCretary requite, including fire and other
hazards included within the term "extended eovaagc," and Iosa by flood, to the extent deri~ by the
Secretaryt then: (i) Lender waivea the proviiioD in Paragraph 2 ot this Security mstrument for tbe payment of
the premium for bazard i;JSUl1U1CC on the Propeny. and (ii) Bonowcr's obligation ullder Parqraph 3 of this
Security lDstrumeut to rnaintaiD hazard insurance on the Propmy iI deemed satilfied to the extmIt that the
required coven., ia provided by the Owners' Association policy. Borrower 'hall give Lender prompt notice
of any lapse in required hazard iDsumnce coverage and of any 10ss occurring from • hazard. In the event of a
distribution of hazard inSUl"lDCe proceeds in lieu ofreatoratioa or mpair following a 1011 to tho Property or to
common areas and ticilities of the '00. any proceeds payable to Bonower arc hereby UlilDcd arid slll.U be
paid to Lender for application to the 8UD18 secured by this Security InJtrwncnt. with any, excess paid to the
entity legally entitled thereto.
B. Borrower promises to pay all dues and assessments imposed pursuant to the lelal instruments creating 8I1d
governing the PUD.
c. If Borrower does dOt pay PUD dues and ~ ... when due, then Leader may pay them. Any amourJl!
disbursed by Lender under this paragraph ,C shall cmo~b additional debt ofBorrower lJCeurad by the Security
Instrument. Unless Borrower and Lender 'igree to o#Jcr. tams or payment, these amountl shall bear interest
ftom the date ofdisburscmeot at the Note 13k: and shall be payable. witb iD~ upon nctice fi'om Lender Ie
BOJTOwer requestiDa payment.
BY SIGNING BELOW. Borrower accepts and agrees to the terms and proviaions contained in dds PUD Rider.
.1111Ii111111
U45842863-14HF11
mia'
'aBC 1 aCI MORTGAGE .
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VIA First Class Mail and Email September 13, 2019
Ms. Zelniker-Presser:
Enclosed is a letter I received from Ali Vasquez dated August 6, 2019 regarding the UPL
investigation of Marty Stone, File No.20191041(17A), that states,
This is to notify you that I have completed our staff level evaluation of your unlicensed
practice of law complaint against the above-referenced individual and have now referred
the file to the Seventeenth Judicial Circuit Unlicensed Practice of Law Committee "A"
for further investigation and resolution. The investigating committee member assigned to
the file may contact you with questions or a request for information. You will be notified
of the final disposition of this matter.
Mr. Stone is the sole manager of McCalla, Raymer, Leibert & Pierce, LLC, in Florida, a law firm
operating unlawfully in Florida, and without authorization in my Chapter 13 bankruptcy,
Neil Gillespie, Debtor, Case No. 3:19-bk-00808-JAF, U.S. Bankruptcy Court, Middle District of
Florida, Jacksonville Division.
Tellingly Ali’s letter failed to identify you as Chair, or mention that she is a member of UPL
Committee A of the Seventeenth Judicial Circuit as staff liaison. I found information online for
the Seventeenth Judicial Circuit Unlicensed Practice of Law Committee "A", see attached.
Recently Rick Courtemanche, Deputy General Counsel of The Florida Bar, did not disagree with
my characterization of The Bar as an ongoing criminal organization (18 U.S.C. §§ 1961–1968)
[the RICO statute] that subjects the population to a deprivation of rights under color of law (18
U.S.C. § 242), and in my view its usurpation of government may meet the definition of domestic
terrorism (18 U.S.C. § 2331(5)) and/or crimes against humanity that subjects the population to a
deprivation of rights under color of law (18 U.S.C. § 242). My email to Rick is attached.
That explains the deprivation of rights under color of law in my bankruptcy case:
• U.S. Bankruptcy Judge Jerry A. Funk, member of TFB, a domestic terror organization.
• Trustee: Douglas W. Neway, et al, members of TFB, a domestic terror organization
• Melbalynn Fisher, Kenia L Molina, Ashley Prager Popowitz and the gang at McCalla,
Raymer, Leibert & Pierce, LLC, all members of TFB, a domestic terror organization.
Melissa Zelniker-Presser, Chair September 13, 2019
Seventeenth Circuit UPL Committee
And the investigators of lawyer misconduct, all members of TFB, a domestic terror organization.
Even the Clerk of the U.S. Bankruptcy Court, MDFL, Jacksonville, may be compromised. See
attached DEBTOR’S NOTICE OF FILING CRIMINAL COMPLAINT TO FBI FOR REVERSE
MORTGAGE SOLUTIONS, INC. AND MCCALLA RAYMER LIEBERT PIERCE LLC
Filed on September 11, 2019, the above pleading still does not appear on PACER. Note to Gull
Weaver of the Clerk’s office, wgull@flmb.uscourts.gov
I do not expect the FBI to take action, in fact, Special Agent In Charge Eric W. Sporre is gone
from his post. Perhaps The Bar’s Executive Director Mr. Doyle knows why SAIC Spoore is
gone; Doyle is a former FBI agent himself. The Bar did not find misconduct in the complaint
when submitted as an ethics complaint. The Florida courts did not find anything unlawful either.
Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Email: neilgillespie@mfi.net
McCalla, Raymer, Leibert & Pierce, LLC, on behalf of Creditor Reverse Mortgage Solutions,
Inc. Melbalynn Fisher, Kenia L Molina, Ashley Prager Popowitz
Melbalynn.Fisher@mcccalla.com, FLBKECF@mccalla.com
Kenia.Molina@mccalla.com, FLBKECF@mccalla.com
Ashley.popowitz@mrpllc.com, FLBKECF@mrpllc.com
2
Page 1 of 4
Neil Gillespie
Rick Courtemanche
Deputy General Counsel
rcourtemanche@floridabar.org
Mr. Courtemanche,
Your response does not provide records showing the dates involved. Furthermore, you say the Florida
Constitution grants the Supreme Court (FSC) the "exclusive authority to regulate attorneys" through
adoption of the Rules Regulating the Florida Bar, but that is incorrect.
If you read Art. V sec 15, the "exclusive jurisdiction" cited has two parts:
The regulation of admission of persons to the practice of law was delegated to the Florida Board of Bar
Examiners, and the discipline of persons admitted was delegated to The Florida Bar.
If the Florida Constitution grants the FSC "exclusive authority", then the FSC cannot delegate its
"exclusive authority" to a private, unincorporated trade association like The Florida Bar. (or to a private
FBBE). I believe the FSC has violated Art V sec 15 by relinquishing its "exclusive authority" to the
private sector. If the FSC has violated Art. V sec 15, I believe its acts are performed as part of an
ongoing criminal organization (18 U.S.C. §§ 1961–1968) that subjects the population to a deprivation of
rights under color of law (18 U.S.C. § 242).
For its part, The Florida Bar is without legitimate legal authority, beyond that of a private,
unincorporated trade association, and in my view its usurpation of government may meet the definition
of domestic terrorism (18 U.S.C. § 2331(5)) and/or crimes against humanity that subjects the population
to a deprivation of rights under color of law (18 U.S.C. § 242).
If you cannot provide the records requested, I will proceed on that basis. Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
9/13/2019
Page 2 of 4
Mr. Gillespie:
As I stated earlier, the Florida Constitution grants the Supreme Court the exclusive authority
to regulate attorneys. As such, they do so through adoption of the Rules Regulating the
Florida Bar.
Thanks.
Rick Courtemanche
Deputy General Counsel
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
850-561-5788 (Direct)
800-342-8060 Ext. 5788 (Toll-Free)
rcourtemanche@floridabar.org
From: Neil Gillespie <neilgillespie@mfi.net>
Sent: Monday, July 22, 2019 10:19 AM
To: The Florida Bar Public Records <noreplyfloridabar@mycusthelp.net>; Courtemanche,
Richard <RCourtemanche@floridabar.org>; Doyle, Joshua <jdoyle@floridabar.org>; Neil
Gillespie <neilgillespie@mfi.net>
Subject: Re: Mr. Neil Gillespie - General/Multiple Requests Records :: W007158-072219
Rick Courtemanche
Deputy General Counsel
rcourtemanche@floridabar.org
Mr. Courtemanche,
Provide records showing the date, and by what legal authority, the Supreme Court of Florida
designated the board of governors, grievance committees, and referees as agencies of the Court as set
9/13/2019
Page 3 of 4
Provide records showing the date, and by what legal authority, the Supreme Court of Florida and/or
The Florida Bar designated disciplinary authority to the Circuit Courts in RULE 3-3.5 CIRCUIT
COURT JURISDICTION contrary to Art. V, sec 15 of the Fla. Const.
Provide records showing the date, and by what legal authority, the Supreme Court of Florida and/or
The Florida Bar can supersede sections 454.18, 454.31, and 454.32, Florida Statutes (1991), as claimed
in Rule 3-7.14, while respecting branches of government, Art. II, Sec. 3
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
----- Original Message -----
From: The Florida Bar Public Records
To: neilgillespie@mfi.net
Sent: Monday, July 22, 2019 9:22 AM
Subject: Mr. Neil Gillespie - General/Multiple Requests Records :: W007158-072219
July 22, 2019
Mr. Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481
Public Records Request: W007158-072219 of 7/22/2019
Record Type: General/Multiple Requests Records
Request Description: 1. What legal authority, the Supreme Court of Florida designated the board of governors,
grievance committees, and referees as agencies of the Court as set forth in Florida Bar Rule 3-3.1; 2. what
legal authority, the Supreme Court of Florida and/or The Florida Bar designated disciplinary authority to the
Circuit Courts in RULE 3-3.5 CIRCUIT COURT JURISDICTION contrary to Art. V, sec 15 of the Fla.
9/13/2019
Page 4 of 4
Const.; 3. what legal authority, the Supreme Court of Florida and/or The Florida Bar can supersede sections
454.18, 454.31, and 454.32, Florida Statutes (1991), as claimed in Rule 3-7.14, while respecting branches of
government, Art. II, Sec. 3,
The Florida Bar acknowledges receipt of your public record request dated July 22, 2019, and I am
responding in accordance with Rule 2.420, Florida Rules of Judicial Administration, and applicable
law. Please send all communication regarding this request to my attention.
Please note that Article V, section 15 of the Florida Constitution which grants the Supreme Court the
exclusive authority to regulate the admission and discipline of lawyers.
If you have any further questions, please feel free to contact me at your earliest convenience.
Sincerely,
Rick Courtemanche
Deputy General Counsel
rcourtemanche@floridabar.org
850-561-5788
9/13/2019
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
August 6,2019
This is to notify you that I have completed our staff level evaluation of your unlicensed practice
of law complaint against the above-referenced individual and have now referred the file to the
Seventeenth Judicial Circuit Unlicensed Practice of Law Committee "A" for further investigation
and resolution. The investigating con1mittee n1ember assigned to the file may contact you with
questions or a request for information. You will be notified of the final disposition of this
matter.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/drk
Melissa Zelniker-Presser
Chair
Term: 2022
Bar #586943
Lorna E Brown-Burton
Designated Reviewer
Term: 2020
https://www.floridabar.org/about/cmtes/cmte-up023/ 1/3
9/13/2019 Unlicensed Practice of Law Committee – Seventeenth Circuit UPL Committee ‘A’ – The Florida Bar
Bar #703419
Lubell | Rosen
Museum Plaza
200 S. Andrews Ave., Suite 900
Fort Lauderdale, FL 33301
Of ce: 954-463-8322
Fax: 954-514-9001
lornab@lebburtonlaw.com
Andrew B Dunkiel
Member
Term: 2025
Bar #98387
City Attorney's Of ce
9500 W Sample Rd
Coral Springs, FL 33065-4104
Of ce: 954-344-5977
Cell: 954-344-5977
Fax: 954-344-5930
adunkiel@coralsprings.org
https://www.floridabar.org/about/cmtes/cmte-up023/ 2/3
9/13/2019 Unlicensed Practice of Law Committee – Seventeenth Circuit UPL Committee ‘A’ – The Florida Bar
Of ce: 954-835-0302
Cell: 954-835-0302
Fax: 954-835-0304
eharvey@sagelaw.com
J. Preston Jones
Public Member
Term: 2021
https://www.floridabar.org/about/cmtes/cmte-up023/ 3/3
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
Debtor.
______________________/
Debtor, NEIL GILLESPIE, age 63 and suffering the infirmaries of aging, an indigent
non-lawyer, unable to obtain adequate counsel, a consumer of legal and court services affecting
interstate commerce, a consumer of personal, family and household goods and services,
reluctantly appears pro se, here in the first person, files Debtors Notice of Filing Criminal
Complaint To FBI For Reverse Mortgage Solutions, Inc. and McCalla Raymer Liebert, Pierce
1. I am the Debtor Neil Gillespie, a.k.a. Neil J. Gillespie, and/or Neil Joseph Gillespie.
2. On July 29, 2019, I filed a criminal complaint with Eric W. Sporre, Special Agent in
Charge, Federal Bureau of Investigation, Tampa Division, pursuant to Title 18 of the United
States Code (U.S.C.), including but not limited to 18 U.S.C. § 371, and requested he investigate
the fraud or impairment of a legitimate government activity, a federal Home Equity Conversion
Mortgage by Danielle Nicole Parsons, Florida Bar ID 29364 (n.k.a. Danielle Nicole Waters),
formerly of the law firm McCalla Raymer Leibert Pierce, LLC, and Debbie Sims, Vice
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF
President, Reverse Mortgage Solutions, Inc. for FHA Case Number: 091-4405741 and
delivered 07/30/2019 at 3:02 PM to 5525 W Gray St., Tampa, FL, 33609, received by ORTIZ.
Pursuant to Title 18 of the United States Code (U.S.C.), including but not limited to 18 U.S.C. §
371, I request you investigate the fraud or impairment of a legitimate government activity, a
federal Home Equity Conversion Mortgage by Danielle Nicole Parsons, Florida Bar ID 29364
(n.k.a. Danielle Nicole Waters), formerly of the law firm McCalla Raymer Leibert Pierce, LLC,
and Debbie Sims, Vice President, Reverse Mortgage Solutions, Inc.
On January 9, 2013 Ms. Parsons, counsel for Ms. Sims and Reverse Mortgage Solutions, Inc.
(RMS), violated federal and state laws with the filing of a Verified Complaint To Foreclose
Home Equity Conversion Mortgage, and a civil cover sheet. (“Verified Complaint”). Exhibit A.
The case is captioned Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al.
Plaintiff: Reverse Mortgage Solutions, Inc. (RMS); Debbie Sims, Vice President.
Defendants: Neil J. Gillespie, et al.
Court: Marion County Circuit Civil, Case No. 2013-CA-000115
FRAUD BY MS. PARSONS, MS. SIMS, and REVERSE MORTGAGE SOLUTIONS, INC.
2
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF
Ms. Parsons, and Ms. Sims for Reverse Mortgage Solutions, Inc., falsely verified, in the
following particulars, the Verified Complaint and civil cover sheet:
• No Exhibits attached to the Verified Complaint that are identifiable with the pleadings; no
identifiable mortgage(s), no identifiable note(s) and no identifiable assignment of mortgage.
• Plaintiff demands a deficiency judgment, but none is allowed under the HECM rules.
Some of the applicable Federal criminal statutes which may be charged in connection with
Mortgage Fraud include:
The Florida Supreme Court [SC09-1460] amended Rule 1.110(b) to require verification of
mortgage foreclosure complaints involving residential real property. In re Amendments to the
Florida Rules of Civil Procedure, 44 So.3d 555, 556 (Fla. 2010).1
1
See also In re Amendments to the Fla. Rules of Civil Procedure–Form 1.996 (Final Judgment of
Foreclosure), 51 So.3d 1140, 1140–41 (Fla.2010) (“In light of recent reports of alleged document fraud
and forgery in mortgage foreclosure cases, this new requirement is particularly important.”).
3
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF
Florida Rule of Civil Procedure 1.110(b) and section 92.525, Florida Statutes (2011), govern
verification. Rule 1.110(b) provides, in pertinent part, as follows:
When filing an action for foreclosure of a mortgage on residential real property the
complaint shall be verified. When verification of a document is required, the document
filed shall include an oath, affirmation, or the following statement:
“Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.”
(2) A written declaration means the following statement: “Under penalties of perjury, I
declare that I have read the foregoing [document] and that the facts stated in it are true,”
followed by the signature of the person making the declaration, except when a
verification on information or belief is permitted by law, in which case the words “to the
best of my knowledge and belief” may be added. The written declaration shall be printed
or typed at the end of or immediately below the document being verified and above the
signature of the person making the declaration.
This Verified Complaint was wrongly filed as a “Commercial foreclosure $50,001 -$249,999”
shown on Form 1.997 CIVIL COVER SHEET, II. TYPE OF CASE, attached to the Verified
Complaint, and signed by Plaintiff’s counsel Danielle Parsons, who represented “I CERTIFY
that the information I have provided in this cover sheet is accurate to the best of my knowledge
and belief”. Counsel’s certification is false. This properly is the homestead of Neil Gillespie
under Section 4, Article X of the Florida Constitution. This action is a “Homestead residential
4
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF
There are no Exhibits attached to the Verified Complaint that are identifiable with the pleadings.
The Verified Complaint alleges at paragraph 2, “Copies of the Note and Mortgage are attached
as Exhibits "A" and "B," respectively.” This is false. There is nothing attached as “Exhibits "A"
and "B," respectively”.
Instead, defective copies of the HECM Note and Second Note taken from my HUD complaint of
August 8, 2012 appear as Exhibits 11 and 12, and are missing the Direct Endorsement Allonge
that became “a permanent part of said Note on May 29, 2008” which date occurred a week
before the HECM closing June 5, 2008, when the Note and Mortgage were executed and
delivered from the Borrowers to the Lender, Liberty Reverse Mortgage, Inc. Somehow Liberty
sold a nonexistent Note and Mortgage to Bank of America. This is a fatal defect to the chain of
custody of the HECM Note and Mortgage.
Likewise, defective copies of the HECM Mortgage and Second Mortgage taken from my HUD
complaint are attached as Exhibits 32 and 33, and show interlineation after execution, hand-
written alterations, not initialed and not dated, which vitiates the Mortgage. This defect only
became known to me in July 2012 when I found it filed with the Clerk.
Paragraph 3 of the Verified Complaint alleges, “Copies of the relevant Assignments of Mortgage
are attached as Composite Exhibit "C."” This is false. Nothing is attached as “Composite Exhibit
"C."” Instead, a single unmarked page, Assignment of Mortgage, March 27, 2012, from Bank of
America to the Plaintiff, appears at the end of the Verified Complaint. Any previous
assignments of mortgage are missing.
The Verified Complaint alleges at paragraph 4 entitlement to enforce the Note and Mortgage, but
the Plaintiff has not provided copies of the Note and Mortgage as pled.
The Plaintiff alleged in the Verified Complaint, paragraph 2, “Copies of the Note and Mortgage
are attached as Exhibits “A” and “B” respectively”. Plaintiff’s statement is false. There are no
Exhibits “A” and “B” attached to the Complaint. The only exhibits attached to the Complaint are
numbered, not lettered. Those exhibits are numbered 11, 12, 32 and 33 and therefore impossible
to relate to the Verified Complaint or the Plaintiff’s alleged claims therein.
The Verified Complaint, in paragraph 3, states “The described subject Mortgage was
subsequently assigned to Plaintiff. Copies of the relevant Assignments of Mortgage are attached
as Composite Exhibit "C."” Plaintiff’s statement is false. There is no Composite Exhibit “C”
attached to the Complaint. There is a single page attached purporting to be an Assignment of
Mortgage attached but it is not marked in any way as an Exhibit or Composite and therefore
impossible to relate to the Verified Complaint or the Plaintiff’s alleged claims therein.
5
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF
The Verified Complaint is verified pursuant to Rule 1.110(b), Fla. R. Civ. P., by Debbie Sims,
Vice President, Reverse Mortgage Solutions, Inc., on December 20, 2012, and includes the
following statement:
UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and that the
facts alleged therein are true and correct to the best of my knowledge and belief.
Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and that
the facts alleged therein were true and correct. The Verified Complaint at paragraph 2 states a
fact: “Copies of the Note and Mortgage are attached as Exhibits “A” and “B” respectively”. This
fact is not true and correct. This statement is false. Exhibits “A” and “B” are not attached.
Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and that
the facts alleged therein were true and correct. The Verified Complaint at paragraph 3 states a
fact: “Copies of the relevant Assignments of Mortgage are attached as Composite Exhibit "C."”
This fact is not true and correct. This statement is false. Composite Exhibit “C” is not attached.
Debbie Sims, by alleging facts under penalty of perjury as true and correct, when those facts are
not true and correct, violated section 837.06, Florida Statutes, False official statements.
Debbie Sims knowingly made a false statement in writing with the intent to mislead this Court to
benefit the Plaintiff in this HECM reverse mortgage residential home foreclosure.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
neilgillespie@mfi.net
352-854-7807
Enclosures
6
Neil Gillespie, Chapter 13
Case No.3: 19-bk-00808-JAF
Certificate of Service
I HEREBY CERTIFY the foregoing pleading was shipped to the Court in paper format
on September 11,2019 by UPS. I expect the foregoing pleading will be served to those parties
receiving CMIECF service, including, Creditor Reverse Mortgage Solutions, Inc., through
McCalla Raymer Leibert Pierce, LLC, counsel Melbalynn Fisher, and counsel Ashley Prager
Popowitz; and Douglas W Neway, Trustee, and Marsha M. Brown Staff Attorney.
7
Eric W. Sporre July 29, 2019
Special Agent in Charge
Federal Bureau of Investigation
5525 West Gray Street
Tampa, FL 33609
Email: tampa.division@ic.fbi.gov
VIA UPS No. 1Z64589FP297363886
Pursuant to Title 18 of the United States Code (U.S.C.), including but not limited to 18 U.S.C. §
371, I request you investigate the fraud or impairment of a legitimate government activity, a
federal Home Equity Conversion Mortgage by Danielle Nicole Parsons, Florida Bar ID 29364
(n.k.a. Danielle Nicole Waters), formerly of the law firm McCalla Raymer Leibert Pierce, LLC,
and Debbie Sims, Vice President, Reverse Mortgage Solutions, Inc.
On January 9, 2013 Ms. Parsons, counsel for Ms. Sims and Reverse Mortgage Solutions, Inc.
(RMS), violated federal and state laws with the filing of a Verified Complaint To Foreclose
Home Equity Conversion Mortgage, and a civil cover sheet. (“Verified Complaint”). Exhibit A.
The case is captioned Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al.
Plaintiff: Reverse Mortgage Solutions, Inc. (RMS); Debbie Sims, Vice President.
Defendants: Neil J. Gillespie, et al.
Court: Marion County Circuit Civil, Case No. 2013-CA-000115
FRAUD BY MS. PARSONS, MS. SIMS, and REVERSE MORTGAGE SOLUTIONS, INC.
Ms. Parsons, and Ms. Sims for Reverse Mortgage Solutions, Inc., falsely verified, in the
following particulars, the Verified Complaint and civil cover sheet:
• No Exhibits attached to the Verified Complaint that are identifiable with the pleadings; no
identifiable mortgage(s), no identifiable note(s) and no identifiable assignment of mortgage.
• Plaintiff demands a deficiency judgment, but none is allowed under the HECM rules.
Eric W. Sporre July 29, 2019
Special Agent in Charge
Federal Bureau of Investigation
The Florida Supreme Court [SC09-1460] amended Rule 1.110(b) to require verification of
mortgage foreclosure complaints involving residential real property. In re Amendments to the
Florida Rules of Civil Procedure, 44 So.3d 555, 556 (Fla. 2010).1
Florida Rule of Civil Procedure 1.110(b) and section 92.525, Florida Statutes (2011), govern
verification. Rule 1.110(b) provides, in pertinent part, as follows:
When filing an action for foreclosure of a mortgage on residential real property the
complaint shall be verified. When verification of a document is required, the document
filed shall include an oath, affirmation, or the following statement:
“Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.”
1
See also In re Amendments to the Fla. Rules of Civil Procedure–Form 1.996 (Final Judgment of
Foreclosure), 51 So.3d 1140, 1140–41 (Fla.2010) (“In light of recent reports of alleged document fraud
and forgery in mortgage foreclosure cases, this new requirement is particularly important.”).
2
Eric W. Sporre July 29, 2019
Special Agent in Charge
Federal Bureau of Investigation
(2) A written declaration means the following statement: “Under penalties of perjury, I
declare that I have read the foregoing [document] and that the facts stated in it are true,”
followed by the signature of the person making the declaration, except when a
verification on information or belief is permitted by law, in which case the words “to the
best of my knowledge and belief” may be added. The written declaration shall be printed
or typed at the end of or immediately below the document being verified and above the
signature of the person making the declaration.
This Verified Complaint was wrongly filed as a “Commercial foreclosure $50,001 -$249,999”
shown on Form 1.997 CIVIL COVER SHEET, II. TYPE OF CASE, attached to the Verified
Complaint, and signed by Plaintiff’s counsel Danielle Parsons, who represented “I CERTIFY
that the information I have provided in this cover sheet is accurate to the best of my knowledge
and belief”. Counsel’s certification is false. This properly is the homestead of Neil Gillespie
under Section 4, Article X of the Florida Constitution. This action is a “Homestead residential
foreclosure $50,001 -$249,999”. Oak Run is a residential 55+ community. No commercial
activity is permitted. The HECM reverse mortgage was made on the residential property. It
appears counsel’s false declaration was intended to deceive the Clerk and the Court that this is a
commercial foreclosure, in violation of F.S. § 837.06, False official statements.
There are no Exhibits attached to the Verified Complaint that are identifiable with the pleadings.
The Verified Complaint alleges at paragraph 2, “Copies of the Note and Mortgage are attached
3
Eric W. Sporre July 29, 2019
Special Agent in Charge
Federal Bureau of Investigation
as Exhibits "A" and "B," respectively.” This is false. There is nothing attached as “Exhibits "A"
and "B," respectively”.
Instead, defective copies of the HECM Note and Second Note taken from my HUD complaint of
August 8, 2012 appear as Exhibits 11 and 12, and are missing the Direct Endorsement Allonge
that became “a permanent part of said Note on May 29, 2008” which date occurred a week
before the HECM closing June 5, 2008, when the Note and Mortgage were executed and
delivered from the Borrowers to the Lender, Liberty Reverse Mortgage, Inc. Somehow Liberty
sold a nonexistent Note and Mortgage to Bank of America. This is a fatal defect to the chain of
custody of the HECM Note and Mortgage.
Likewise, defective copies of the HECM Mortgage and Second Mortgage taken from my HUD
complaint are attached as Exhibits 32 and 33, and show interlineation after execution, hand-
written alterations, not initialed and not dated, which vitiates the Mortgage. This defect only
became known to me in July 2012 when I found it filed with the Clerk.
Paragraph 3 of the Verified Complaint alleges, “Copies of the relevant Assignments of Mortgage
are attached as Composite Exhibit "C."” This is false. Nothing is attached as “Composite Exhibit
"C."” Instead, a single unmarked page, Assignment of Mortgage, March 27, 2012, from Bank of
America to the Plaintiff, appears at the end of the Verified Complaint. Any previous
assignments of mortgage are missing.
The Verified Complaint alleges at paragraph 4 entitlement to enforce the Note and Mortgage, but
the Plaintiff has not provided copies of the Note and Mortgage as pled.
The Plaintiff alleged in the Verified Complaint, paragraph 2, “Copies of the Note and Mortgage
are attached as Exhibits “A” and “B” respectively”. Plaintiff’s statement is false. There are no
Exhibits “A” and “B” attached to the Complaint. The only exhibits attached to the Complaint are
numbered, not lettered. Those exhibits are numbered 11, 12, 32 and 33 and therefore impossible
to relate to the Verified Complaint or the Plaintiff’s alleged claims therein.
The Verified Complaint, in paragraph 3, states “The described subject Mortgage was
subsequently assigned to Plaintiff. Copies of the relevant Assignments of Mortgage are attached
as Composite Exhibit "C."” Plaintiff’s statement is false. There is no Composite Exhibit “C”
attached to the Complaint. There is a single page attached purporting to be an Assignment of
Mortgage attached but it is not marked in any way as an Exhibit or Composite and therefore
impossible to relate to the Verified Complaint or the Plaintiff’s alleged claims therein.
The Verified Complaint is verified pursuant to Rule 1.110(b), Fla. R. Civ. P., by Debbie Sims,
Vice President, Reverse Mortgage Solutions, Inc., on December 20, 2012, and includes the
following statement:
UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and that the
facts alleged therein are true and correct to the best of my knowledge and belief.
4
Eric W. Sporre July 29, 2019
Special Agent in Charge
Federal Bureau of Investigation
Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and that
the facts alleged therein were true and correct. The Verified Complaint at paragraph 2 states a
fact: “Copies of the Note and Mortgage are attached as Exhibits “A” and “B” respectively”. This
fact is not true and correct. This statement is false. Exhibits “A” and “B” are not attached.
Debbie Sims, under penalty of perjury, declared that she read the Verified Complaint and that
the facts alleged therein were true and correct. The Verified Complaint at paragraph 3 states a
fact: “Copies of the relevant Assignments of Mortgage are attached as Composite Exhibit "C."”
This fact is not true and correct. This statement is false. Composite Exhibit “C” is not attached.
Debbie Sims, by alleging facts under penalty of perjury as true and correct, when those facts are
not true and correct, violated section 837.06, Florida Statutes, False official statements.
Debbie Sims knowingly made a false statement in writing with the intent to mislead this Court to
benefit the Plaintiff in this HECM reverse mortgage residential home foreclosure.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
neilgillespie@mfi.net
352-854-7807
Enclosures
5
7/29/2019 Create a Shipment | UPS - United States
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the print dialog box that appears. Note: If your brow ser does not support this function select Print from the File menu to
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7/30/2019 Tracking Details | UPS
Proof of Delivery
Dear Customer,
This notice serves as proof of delivery for the shipment listed below.
Tracking Number
1Z64589FP297363886
Weight
1.00 LBS
Service
UPS Ground
Shipped / Billed On
07/29/2019
Delivered On
07/30/2019 3:02 P.M.
Delivered To
5525 W GRAY ST
TAMPA, FL, 33609, US
Received By
ORTIZ
Left At
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within the last 120 days. Please print for your records if you require this information after 120 days.
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UPS
Tracking results provided by UPS: 07/30/2019 5:59 P.M. EST
1/1
MORTGAGE FRAUD IS
INVESTIGATED BY THE FBI
Some of the applicable Federal criminal statutes which may be charged in connection with
Mortgage Fraud include:
Unauthorized use of the FBI seal, name, and initials is subject to prosecution under Sections 701, 709, and 712 of Title 18 of the United
States Code. This advisement may not be changed or altered without the specific written consent of the Federal Bureau of Investigation, and
is not an endorsement of any product or service.
MARK GILLESPIE; NEIL J. GILLESPIE; DEVELOPMENT & CONSTRUCTION
CORPORATION OF AMERICA; UNKNOWN SPOUSE OF ELIZABETH BAUERLE;
UNKNOWN SPOUSE OF MARK GILLESPIE; UNKNOWN SPOUSE OF NEIL J.
GILLESPIE; UNKNOWN SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; UNKNOWN TRUSTEES,
SETTLERS AND BENEFICIARIES OF UNKNOWN SETTLERS/BENEFICIARIES OF THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; and
UNKNOWN TENANT IN POSSESSION 1 and UNKNOWN TENANT IN POSSESSION 2
and alleges:
Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof
as recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public
Records of Marion County, Florida.
and commonly known as 8092 SW 115TH LOOP, OCALA, FL 34481. Copies of the Note and
Mortgage are attached as Exhibits "A" and "B," respectively.
4. Plaintiffis entitled to enforce the Note and Mortgage, pursuant to F.S. § 673.3011,
as the owner and holder of an instrument.
6. Pursuant to Paragraph 9(a) of the subject mortgage, lender may require immediate
payment in full if borrower dies and the property is not the principal residence of at least one
surviving borrower.
7.
The property is now owned by Defendants, NEIL J. GILLESPIE and MARK
GIL ~SPIE,
individually and as co-trustees of THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,1997, and ELIZABETH BAUERLE.
752670 12-02121-2
8. Plaintiff declares the full amount payable under the Note and Mortgage to be due,
together with interest from September 16, 2009, late charges, advancements, and all costs of
collection including, but not limited to, title search expense for ascertaining necessary parties to
this action and reasonable attorney's fees. The principal balance due on the Note and Mortgage,
as of the date of default is $107,506.53.
9. Plaintiff is obligated to pay Plaintiff's attorneys a reasonable fee for their services.
10. All conditions precedent to the acceleration of the Note and to the foreclosure of
the Mortgage have been nlet, complied with, and fulfilled prior to bringing the present
foreclosure action.
11. Defendant, ELIZABETH BAUERLE, is joined by virtu~ of any right, title ·or
interest said Defendant may claim as an heir at law or as a beneficiary of PENELOPE
GILLESPIE, Deceased or any interest in the subject real property by or through said deceased
person.
12. Defendant, NEIL J. GILLESPIE, is joined by virtue of any right, title Qr interest
said Defendant may claim .as an heir at law or as a beneficiary of PENELOPE GILLESPIE,
Deceased or any interest in the subject real property by or through said deceased person.
13. Defendant, MARK GILLESPIE, is joined by virtue of any right, title or interest
said Defendant may claim as an heir at law or as a beneficiary of PENELOPE GILLESPIE,
Deceased or any interest in the subject real property by or through said deceased person.
752670 12-02121-2
18. Defendants, UNKNOWN TENANT IN POSSESSION 1 and UNKNOWN
TENANT IN POSSESSION 2, are joined by virtue of any right, title or interest said Defendants
may claim as tenants in the property pursuant to a lease agreement, either written or oral. Said
interest is subject, subordinate, and inferior to the lien,ofthe Mort,gage held by Plaintiff.
23. The Mortgage of the Plaintiff is a lien superior in dignity to the right, title, claim
of lien or interest of all the Defendants, known or unknown, in this case, or any of them.
WHEREFORE, Plaintiff requests this Honorable Court grant judgment in its favor as
follows:
a. Take jurisdiction of the parties hereto and of the subject matter hereof;
b. Order that the lien of Plaintiffs Mortgage is a valid first lien on the Property described
and is superior to any lien of record; .
c. Order foreclosure of the Mortgage, and that all Defendants, named herein, their estates,
and all persons claiming under or against them since the filing of the Notice of Lis
Pendens, be foreclosed;
d. Detennine the amount due Plaintiff under the Note and Mortgage sued upon herein;
e. Order that if said sum due Pl~intf is not paid in full within the time set by this Court, the
Property be sold by Order of this Court to satisfy Plaintiffs claims;
752670 12-02121-2
f. Order delivery and possession of the real property to the Purchaser, who shall be
responsible for condominium arid/or homeowner association assessments and other
charges in accordance with Florida Statutes §§ 718.116 and 720.3085, respectively and
upon proof of the demand or refusal of any Defendant to vacate and surrender such
possession, and the clerk be directed to issue a writ of possession without further order of
this Court;
g. Retain jurisdiction of this cause and the parties hereto to detennine Plaintiff s entitlement
to a deficiency judgment and the amount thereof; unless any Defendant personally liable
shall have been discharged from liability under the subject Note pursuant to the
provisions of the Bankruptcy Code 11. U.S.C. § 101, et. seq,.; and
h. 'Grant such other and further relief as appears just and equitable under the circumstances.
UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and that the
facts alleged therein are true and correct to the best of my knowledge and belief.
By:
Print Name:
-~k
Debbie Sims
Title: Vice President
Company: Reverse Mortgage Solutions, Inc.
Date: December 20,2012
752670 12-02121-2
STATE OF FL
I. DEFlNITION3
-Borrower" irian. c=ac:b penOD lfIaiPa Ielhe end of QliI Nola. "Lead." lQIlaDI L1bwty aeven. Murilq•• In&:. anel its
S\ltGeiSOrt and Ulip.1. "~tal)' mUDS c1lo SocrNly of HOUitna &nd Urban OGvDJopmeut or lUI or htl authorized
rl;prc.s cnt.ativCl.
4. MANNEROFPAYMENT
(A) TIme
r~w)mOB mllll pi), .11 outstaodil1a prilKip.r IQd ICCllIod lattfe't Co Lender upon reccjpl of aDOUCO by Lender lniru~ ilZUDcdi.te
plymcDt in N.H, as provided in Pu.pph 7 of dlil Note.
(D) Place
PlymcnllhaJi bClmade 11109'1 Wblt. Rock Road, Sl.IU,·200. Rand»o Cordova, c.A 07~' Of lOy ludl other place.., ["cndc7
may duiCDak in writine by DOtiCO tD .sOrTOwor.
.IGN~ F
f? ?JJ..}J, 171r t,
CD) LJmJlJ·al1 lateral Rate CUA,tt
• •
:I. UQ~ Tho jDlGrcll ralo will DelVer o ~ or ~ by me.,. diM rwo pcmIQta,D pointl ('2.0%) OQ any
lingk Ollllae D~I" The UJLelut rato will ntv« bet more thaa fi,v. .£atne~ p poin1l (S.O%) hi'- 01 IOWOl
lbaa Ihe lAidal JalcmlnlG rc.r.t in Pll'lanpb 2 oCIhi, Nole-
(E) Nodn 01 CII.nla .
L.eMor \\IifJ Kivu Dod 'I 10 HoITOWel' or lay c:haDac in ~IU inlezat llIttI. Tho nodca IIIU8C be &iv= II jcut 2.,5 dtyt bvforc Iho flaW
interest nn,.ua eft'tce. and RUall let tDI1b (0 Uat disc of tho ~ilOI1 (ii) Ihe a-p n.... (liJl1bo Did Iacenst Nee. Oy) die tJr;W
Inc.eral "te. (Y) thG C\umJllDdu IUd ~ht dale It W'U pubUlhed, (vt) the awthod ofca1cuJ&dna Ib, adjUlttd Jnlera1 rae... mid (vii)
any other noU.mrof~ wbn:b IDlY bo rcquind byl.w t o~ timo 40 timCil.
0."
(F) ErrccU" 01 ewe"
A new iDtuul ,..Ia calouJa&ed Ja .ccordauGa with Pmpphl j(C) IIId "CO) or IbJI NOli wW become otrecdY'O on the Chlnlo
Dale; UGI= .~ Ow\io DUI ocoun 1011 ~ 2.5 clay. &tor lAadar h,a, siY'CllIlal ~ aodoe. It Cha IllllCralll.lc (aJcuLited in
Or
IQCOnUnce wi"' Pltlppht 5(C) IIJd '(D) of tJail Nore cJ.:nased, t~ 1.Qdcr failed to 1"' t&nely aodOi tbe dI'O,.. led
~p licd • hillLa' me than Cht III. wbidllbouJd have _ Iblld In a rJmety oolioo. lbeu Leader JhaIJ ncaJcull" tho priacipll
~aIl.b owed UDder tJU. HOle 10 ie doeI 001 tcCO~ CIT ac:c:saj"o iz2tere1L
G•. BORROWER'S RIGHT TO PUPAY
A BOmJwu roniYinI mcmdUy p.ymanes undu lb. 100 AIRiemout b&.s Ihe ript ra pi)' tho ~ 8¥ldaacW by IhlI Note. iD wbolo
or in pml\ wflhoul durp or pCDaJty. My IDU1WIl of ckbl prep. id "ViII an.
be appliod to reduce the priDtipal baJlnoe ~ or
SOCOr\d Noro duc:ribed ~PnI 1J ollbll Not' and thDII ro ndu" liIo pringipal bUaoce orahl,'Nolo.
Swat lO this portion otUlo pnDCIpa) ~ b repraenUDs.greplC ptymeGai (Qr IaI'ViciaI rea;
.Il1mI, 10 that pol1ll1l1 of tht ,rio<lipaJ baJuce a.ui\DO~pR IIOOMd '~D1 duo 1mdu tho Hoc.; IDd
u.wm. 10 lbc fCrn.iniDI polUoa oCthe princripli belauce, A BonowarlJ1a' apa:ity wbdbtr. prepayt1Kmt il10 be created 10 that
porlioa orlbc pri.Glpal b.J.De. rc:prac1IUnlllood11y "ynambl Of tho lLao otoredit. UBonoww d~ PO' dca.ipaw .. bJob potUOI'I
0/ lhe Pfiucipal ~lab
liue of ercdit.
.. Co be prepald. Leader IhAU Ipply aay ~ pI'q'.ymeatI 10 an MuUDa Un. or cndi\ or new erN" •
7. IMmDlAn PAYMENT IN roLL
(A' De-th or SaJ. .
L.ender may NqUin ImmcdJalo plymanC In rnJl o( aU oulatl4dJa, ~.dnl ap 'Dirp 1Dtc1'Ul ~f
(Ii) AU or I Bortovm', tiUo in Ibo Propony (or hLI or bcr bcnoOojaI kallanllt ill i tNA O\1mtug aJl or pll'C of' the
(.>
PropenyJ Is sold or othawllo rnnsfRTCd and DO olbcJ BorlVW'lt AltIW aJlJe to 1110 Property jll 'oe limpte (b)
lleaechold under • IaR for 1_ lhm 99 ~ wlUdl II e I ~ or .1.... tavlna • 1CD'JaJ.nIUI p.nod 01 not
leu than 30 yan beyond Cho b of tb I~ birtbday ot IbI )'OWlsa' B<znvww (or taCllUUq. ~I,"oucb
1111""1 ~i • lMl wkIl ~ an ~ai ,(0 &he ! ) ~ or (0) a lite 0IIII0 la Uw PNptrty.
lBJ Orllrt Groun.
LAnder may nqulro iauncdiele paymml In &11 of aU outlillnd1l1. lap~ DOd ~ & ,t~m \lPQI11pplVV11 by .... lulhorizcd
"pracnudvc of the ~ary, if: :
(i) The Property ca.m to be tba priDclplJ ~ of. BoJ'tOWCl" for TeaIUQI o&hct than dcalb mc1lba Property i.I
ROl tho ptbseipaJ rai4onco of.l..t cmo atber BonvWtW;
(iii)
(0) Trilir.
Conveytnet or I Bonowcr'. ~nt JD lb. PMpolt)' to IlIUIt whldl _ abo I t ~ of thcI Scomary, Ol COIIW)'B1ICG of.
CNICI tnlcrqt !n Rbe Property co • ~l1VWcr ••haJJ lIot b, ooRlidorod • eoaveylDOe for puIpOIa oflhil ' ...pph. A tna••hall no.
be CODS1dcrcd III occupent or be CCft.lclond u bvJna I prlco~ ....ldedco lor por I~ or iht.,uaanph.
a. WAIVERS
Borromf aev~ the rilbll or prcunb'naC aJd Elodea of dJdlonor. -Ptacnlnlcat- motA1 the riahL CD rcqulR Leader 10 cJcm.nd
paymonl'ofamalmll du•. "Nolka ordithcmo(' '101111 tbo nlbc to rcqufrG Loadet &0 eivg lIOiioo to othwpcnon. thac Imouatl due
MYI Dol beClll paJd. .
9. GJ VlNG or Noner.s
U~lw .ppUcablo raw Rquh•• durornl meUIod, ..y DOrice tblt IlIQIt bet pva 10 Borrower.1t rbJI Nac. wiU be .Iwn by
.nircv 1~ it or by nUtal Il br flnt c1Ja mall 10 'I ~B at 1M pJOpeltJ addna abOft or Ila cWfarenl Iddn::u If Borrower hal
lIven Leadar • OOtJOCI .te~nmoBr dU!'ereru addRsI.
Any ftOtlc::a lut muat be liven to Lender undot Chit Nm8 .id be liw:a by ftM claa ...., to Landor IL tba addnssl .r.aod In
rlrapph lJ(B) or ••• diacronladdrullfBonowerI. ,ivlIla aodee oflbat difflrOllC addraa.
Irmora thag ODa pmon .JIIli ,lI1i. Nola, DI&:b pcnca Lr fW1y obllptcd 10 bep aU ot lbe promIIa OIIda 10 lbJ. Noll. tcDd. JJIIl
cr\{ar,. ill rilhb under tid. Noe•.aldy chrvup llJe o(the Property.
11. UUnONSHIPT05ECONDNOTE
(il) The SctRllty ICccp&I ndJDbunamllS1II tIy the Leadu (or aU pI)'IDa'tllDIdl by Cbo . ~
rrthe ~~ ~d In (I) 01 (iI) occur, U. aJI plYmDIIII mAdo ~ die BccMIty, lDcJudIna lafERSL 00 cho paymcnll,
shan be InGludcd in the .lo~
(e) EfTtcl,D Borro".r
Where &h.-o 11 no ...ipnienl or rwimbuncmcnf u etacnbcd In (B)(I) at (Ii). ud Ihe S'CI"OIIr)' II2Ikos paynaeqc. to Bonvwu. lhon
Domwor lull 1101:
(i) Be re:qulred 10 p'y amounrt owed W'ldtr lhll NolD UDdI thD ~ hal racpirad ~ ill ftdl or.1I
oulltandlaa pnl1CiJpal and d~C l inc.... hder &!Ie SOCCJDd Hoc. d~lh by die Secncary. nGlWlthlrlacUna
m)'1Js1q to I~ ooalrNy hi .~Pl"Ina' -!. of tIsii ;!~ or
8. QWlplid CO pay lacer.t or ~
o
tho paJlllan&t 1.y Ihl S--.y,1IUi WbothR or DOt accruod iDwut ..... baa iIIcludDCI • tho priDGipai bwc. o(
ibis NctG, ~hl wton aII)1JItq 10 til. ooCdrlJ)' In 'arapphl 2 or , of tJUl No" or uy AnDna- 10 lbit
HoeD.
BY SIONINO BBLOW. BotTO...or IOCIpt.I and IPCI 10 the lann, Ind covenant! QOhWnod (Alb•• Hole.
---_!...
, '.,
(D) Trult.
• .
•
Convc)'1RCO or. BOlNwcr'a Ul'CTQ& in Ihe Propct1>' to • ~I whlch meets the rcquifemcoa. or the Scac:1ary, or e~y,1IOC 0(.
Inial', inCcrallJ\ the Property '0. Borrower. th.1I nat be COIUidcred • coavc)'lftCc tor pUlpOlca 01 tbi. PlncrJph. A InIIt .b,ll nOI
be COtLILdcrcd 111 o(tUp.nl or be cOR.idered u havill, • princip" mfdc.ncc for PurpcJlCl orthb hAl"'IPh.
8. WAIVERS
BorTDwcr w.ivea tho rip'- ot prc3CAcmcnt and nollco ofdishonor. -l'I.acnCmenl" mean. lhe rip, to require Lender 10 demand
p.ymanr ofamoun1a dUl, "NotlGC ~onhldro mearu the rilbl to RlquiJe lIJK1er 10 Itve DOI'ca 10 other perl on. \h'l lJDOUaU duo
hive Ilol been pajd.
9. CIVING or NOTICES
Unlen Ipplicable law rcquiru I ",rrcnnC mahod. Ill)' l1OCi" thl. mu.& be Ilvan 10 Borrower under Uti. Noto will be IIYGn by
in revi~d il or by rnailinlll by nrs' cl&n mail 10 Borrower II tho property addna Ibovo or I' • dUTCRnl addteu if Bor ~er hal
8iv~n Lender lAOIKe otBorrowu', different .ddreJ,.
Any notice lha1 n\UlI bo &inn to Lender utlder &hi. Hole will b' livon by fin( clAa maillo LendCl II 'be eddruJ stated in
PII'Qgtaph 4(8) or If. dilfmliladclRU ifBOfA)wcr is IIYCD I notite of thai difTcRaI.ddmJ.
l( more thin one pnon .llns ,this Note, exh pelion Is lbll)' obIilltcd 10 keep III or Lhe promlsa made In !hI! Nole. 1'- "ted~
enrolee i.. nlhe. under thi. Nola onJ)' chroup sala DC th. Propony.
(ii) The SmetaJy ItccpU rcuabulcrntatl by the Lender 11K aU paymDnq IIlado by che SccnQry.
If the cin;umstanca described in (I) or (li) occur. rhea In p_ymeolJ made by 1110 SeonlWy, ineJudln. intm:.l& Oft the Pl)'mau.
'hili be induded iQ lhe debt
(i) Be required to pay amount. owtd under &hi, Note. until the SccrcWy h.. required pI,-meDt in full or.1I
ouLs&andtna princip.1 and dCVle~a nRc~ . under, ~ht SIClCKld Not. held by tho SClClJ'CWy. natwil1utandia,
.n)'lbinl to \h. Gontruy iD ~ lar P 7 of thi' ;et~ or
.1. .
(ii) Be obUptGd to PlY inleral Dr .hared tpprae;lldon widCl lhil NOIe at 10)' time, whether accYUCd batoro or Iftrr
,he ptymtatl brlhe SWCllly, end whether 01 Dol.eaued ina,..- Jaes been iAGhadcd In the pllDcipal.JIIICC of
Chi. NOI', notWtrh'tandjns anythiDs 10 the contrary In Parapphs 2 or , or this Not. Of an)' Allonae Ie thlJ
Not•.
BY SIONINO 8J!LOW, BOmJwcr accepLi .nd 'I1'CClIO the temu and ClQvenants wnllined iIIlhU Note.
Oll.d: ~. -nJ\, 20 ~
Prpclopc M. ClUeJple
Fi,..lNole
• •
ADJUSTABLE RATE SECOND NOTE
(HOME EQUIn' CONVERSION)
STATE OF FL
1. DIFlNlllONS
-DOr1OWer" mCID. eacb pelion ,ipS Ie tho ecd of thb Note. ·Sccratlr)''' or "Lender" moan. the ~ of
HOWling and Urban Dcvc!opmenr or biJ or her luthorUe4 ."yital~
(A) Time.
BOnoWCT lbaU pay aJl UUbtand1nS principiI and KCIlIeG iAtor"1 '0 LeDdor upon rwlipC of. AGUe. by Lender snir ~
el~id nu peyment in fuU, u provided io PanlTlph 7 of ctW Note.
(B) flDcc . •
Paymenl JhtU be made II the OUlet or the Housfng"fHA CainplrOl!ei, DJJector of, Mortp,. InI\.IlUCC A.ccountina
Bod Servicing. 451 7th Street. S.W.• Washm,loII, DC ,01~2 or any ftlch other o.c~p u t.ondu may ciesilJlllll in
wrilina by notice to .'ICW~o8
..!.. Malhi)': Tho intlrut rala will UYa' UlcnJISt above .~ D" U
~ct1U
QaDII D a ~ ualcu lb' C1IanF DIM ~ 2'
hal lhan daY' r.fler Leader hal aiwn ChI rcquiRd nOCio.. 11 the
rata ealculaccd In Icr.ordm:e with Pllaplphl '(C) lad S(D) o(dail NOlI d--cct. WI Leader r.ilDd Co Ii'"
litncly nodca or \b. ~ IUd .dt~P': hi&hcr tale Ibn !be rICe wllicJ& IILoWcI haw beea .&&Ied fD I lima!) dO(jco.
thep Le4der IhaJI reellcullCe tIIo pr1llClpil btJaaco owed undIr au Note 10 h cloaI DOl nQlCt 1ft)' P ~ Y I intlllWlt.
6. BORROWU'SRlGHTTOrUPAY
A Boouwcr NCCMaI moD1bly psymGQU under the Loaq ~ has Ibo rilbt Ia pI7 the debt evidenced by dJi.
Nole, in whole or III pan. wilhcNl obarao or pcNky. IuJy IIDOWII of «I. prcpUd will om be. awn! tv ~ tb.
lap~nir balance o(lIIi. Nota cd tbc:D to recluco dlo priDcipal baw.oe ofcbe f1n&NoIG.
AU prepaymaatl aft!Je prlccIp.l bl1aDcc shill be IppJiccl by Lender u fuil,"":
lim. Co lhlC fortlo.u otthc priuc;ipll beJuce reprcaeGIJaa etp~ PIIymeDtI for monall' ~ prcmiumsi
ll1iaL to that Jlonioa of tho priDdpel baJme. .~ de~ iuteIWt dUe UDder dle NO&e; lISel
lsIYDb, ID tho I h ~ portioa ot the priDc.ipal baJaaco. A BODOW'Ct 1IJJq tpegity wbtlbar. pnpI)'IMU111 co b.
guled to Ihaf portfod 01 .... pdDoipal blJaGco ~ ftIODChIy , . . . . . ar tao 1m. ot CNdtt ltBclnoww docs
not ~lD iud wbJcb pon:ioa or the prlDaipal bellace lila " pnpld, Lcndc:r a1WI .,ply My partial prtpayntCllll to at
wsrina Jina or Gl'tdil or GlUte i new liu, 91 c:rccS1t.
7. IMMEDIATE PAYMENT IN I'tILL
(A) Dutb or S.I, .
Lender may require immcdJaCo paymClllt la AlII ofall ovlltandLaa prindPl1- aCCMd lnt.... alt.
(I) ABomnrcr di. _ chc Propcrt)' b ~ Iha priacipal ra1doDc:c or &1 I. . ~ MViviq BOnvwer; or
(U) An of I B~ dde 1u tIul.Propc:rly (or ~ or ber bac&liaS mlamlla & bwC oWlliDa all or gMt of tho
Propaty) Ie 501d or olhanvi. IraDlfcmd ad 'flo other Bonvwtr rwlainl (.) tkIe 10 Ch. Pmpa1y ia 1M
dq1I, (bJ • IcuchoJd UDdar II I"" ,rot ,1_ diap 9g ,.,. whic!a !a ...-nbl. or • lcue bavtn. I
rem&lDilll period of DO' leu dwI SO yad beyond'dIe clam or dI' lOOlh WI1hday of the YOUOlat
Barrvwer (or l'ICIiDiD& • tI=cficW t~QJ to , Iiust wldllUGh III IdCcnIt ill cho PIvpany), or (0) • nro
Utlhlla 1he Propcny.
(j) The Property ~ to bo tbc principal IaidAICI of a Donvw. for I'CNOI1I oIbc-' then death 1IIId· ~
Propony I. noc \he ~airp acn di~ or at Mat on- 04« Bonowcr;
(if) For I plttocS or Ioq. dMm twdv' (lZ) caDICCUUVI nlDathI. & Bonvww &II Iu phpk.aJly ocwPY tho
Propert)' boca&u. ~l.')!pro CD" I1:IA1tN PlDca UId Ihe PrGJMItl.y II DOC dIG principii . .1d1lXlO of It 'cue
ono oclair Bosrowltj or .
Y
~ndNCM
-_ __ ~. " "•• -., . . 1·4 _~" '_ :·~·_-~ .'.:_.:-.:... __. .. __ __ . .• _ _ _ _ ,# • • • • • • _.1_ .•• ~ ....... • ·.1 __ h__ ._ .• _ - •. _ ,: ~ I .. 4 ' . ~ _ _. _' •
(D) Ttwu.
•
CooVI}'Il'CO or. Bono• • inSCnJosC 10 lbc PnJporty 10 • CNIt wbleb IIJeote tbI req"ultemeftll of lAc SecnCIz'y, or
acn~V' D C ar,
trurtI inUnItr In the Property 10 & BorTOW"lt'. IhaII ~ be coasfdered. aMIYey11a b ~ or
(hi, PNBpapb. A CNIC W1I not 1M coasicWtd an t ~ Or be ~ " bsYtAS I priDolpal rmdcnc.a (or
pYlpOSN of dQ Jlt.rqnpb.
8. WAIVERS
BonOWCl waive.e rta. rip" ofprclOClmenl lind nonct otdlaboDar, r a mtlZC~ maln.r1bo nihl to requlro Lendor to
damll'd payment of IlI10unCI due. ecj:to~ of dJJhonor" ~ 1J&1t ript 10 requn Umdcr CO live notIce to other
pcr10Dllhal fmOwU. I~ MYe DOr been pahl.
9. GMNG OF NOTICES
Unfess eppUcabla IIW rcquirola dl.ffcren\ method. My Ilodc» thal mUll Do sNCI1 ro Borrower UDder Ihb Noco will be
AI.,. by 1~,"led it or by maiJlq 1& b, am ella inaiI to Borrower II lb. ~ IddtM abo" or ., I dUftRld
addral if Borrower has alven Iha yraI~ • nodQ or Borrower. ditlinrd addRa.
Any ~don (hie D'IUIt b'lif"" CO ~ht ~ undof Noce "iU be atwn y~ Om U&J~
wtLh jurisdledaa OYIt tho Property at"'1 othar adc:trw deslpced by the Secnscuy.
til" malJ to lila MUD Pield Offic.
Ie mora than one pertOd .Ip thJs Note, each psnon la 'blly obUpl8d IU keep .U of tho promitellMda In 'hi. Norc.
rod~L may anCor;e 111 rt,hU undIr Ihb Noco aaly throup ale olC!ae Propcny.
II. lULATlONSIUPTOIIRSTNOTB
(ii) Tho Sacreouy ICCq)tI reJmbUnemcrnti by tJo.e Lender rOT.U paynMlntJ. nlIdo by the Sacrwwy.
B'( SrONfNO BBLOW. Borrvwer .cupts md qreC$ 10 \M lams IIld Qnuov~ concalncd in 1IUI Nole..
I. WAIVERS
Borrow" waives cbIC "Shu of prennh"en1 and notice of cltshonor. "PmtntmenC" melnl 1tte riih' to ttqUirc Lender 10
dcmlnd payment of amounlJ due. "Notiee 01 dishonor" means e~ nih. k) ~ I ~ Lender to live nolic:c 10 other
pCll0ns lbac ImoUDCI duo have not ~eh p.id.
9. GIVING OF NOTICES
Unless eppUubtcs taw mJUircs I ditraenl method, any notice lhIl mual bG Biven 10 Bonowu under lhi. NOCc will be
Civcn b)' dclivcriPI " or by meilina Ii by tir1t elm rtuait 10 DonuwCf II the property ~ I above Of ., a dUret~1
,ddrc.n il Bonowu ha civen (ho S",ccary • ootice or BorroWO(1 dilTennllddreli.
AllY nodtc Ina. musl bo liven la a~' Sccrollry under Ihis NotlC wiIJ ~b aj-en by .h,t ctaas mail to'ho HUD P,.ld Office
wilh Jurisdiction I)vcr the Propc;c1y or any «her addross dosill\llod by the Sacrewoy.
If more nlh~ one person sip. !bi, NOI~, a-c:b penon i. nail)' obli.a.ed to keep .11 of the prorrU1eI nwde in this Note.
tender rnty enforco ill rt,hcl under Ihl$ Note only thrD\lS" JoII, arllte Property.
(Ii) The yta'R~S ACcepts Rfmbunc:mGlllJ ~h1b Londar for 1111 paymenu made by Ibc .yr le ~S
If lhc cltcUmlla.Dca descn"becl in (i) or (ii) o«ur, lhen .U paymcnb mlde by tho Sec:muy, ineludina inlerelt on Ihe
pilytnenta, Ib.1I M iucluctcd in \be debl under Ihe Finl NOle.
BY SlGNING BELOW, BOTTOwct lCUp'" and agrees to the le:tms il1d covenant. contained in thi.! Nal'.
O.t~ ~ :2.a:J8
renelope M. GUinple
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DAVID R. EL1.SPERMANN, CLERIC OF COURT MARION COUNTY
~
Liberty Kevcae Mortgage. !DC.
I09S1 White Rock Road, Sui to 200
Rancho Cordova, C!l 95670
FHA Cue Number~ 0!J1~405741~5%-25
39100
Tho real property localed at the ~ 8092 SW 1t5~ .";~ Ocala, FL 34481, ia the County of Marla, Sbde of FL,
described mCR fWly on Bxbibit.A attached to Cb1I Mortgago. ' .'~
THIS SP.CUlUTY INSTRUMBNT comblDes \DIiform covw:nantl for natioaal use and non-uaitbrm coveaanll with IimiCed
variations by jurisdidioD to constiMe a uaiform security instnImtmt covariog real property.
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z. raymeut.r Property c..llea. BqnowCl.shall pay an property cbarps CCIDIisdoS of taxes, grouad nmll. flood aad hazanl
insuranco pftmiuml) lad .spec,,1 Ule8l1T1eat1 ia • timely maner, and .hall provide ovideDCO of pa)'llMmt CO Lender.
unless Lcmder pays proparty charges ~ withholding ftmds tiom moothly payments due to the Bonuwer or by ~hargins IUCb
paymanm to a lina of credit II provicled Cor in die LoIn ~
J. FIre, Flood ad Other Hazard In8Ul'1Ula. Bonowcr 8hal1 iDIum aU improvemaats on tho Pmperty., whether DOW ID
existence or subsequeotly erected. against any ~ casualtie&, IUd comiDpnc1es. iDc1udiDg fire. ThiS insurance shall be
maiDtained lD rile ammmtsl to the ~ and fbt die periods required by Lcuder or the Secmary of Housing and 'Urban
Development ("Scerctary"). Borrower sball also iDsIJm aU impt"CJvemeatt on the Property. whether DOW in tndstenee or
subsequently erected. against loa by floods to the aIa1t requinKt by Ib8 SecRIaIy. All iDlUnllloe lbaD bo carried with
comp.mCI approved by Lender. Tho insurance poUcier and any RI1fAYafI abalI be beld by Lander and ahall iDdud., lou payable
clauses in favor of; and iD I tol1D ICCOPtablo tot lAnder..
In the event ofloss, Boaower shall live Lender immediate ~iton by maiL Leadar may mate proof of 1081 ifDOt JIlIdo plOmpdy
by Borrower. Bach iDIUrance company caDCmJed 1s hereby aud10rized end dimoted to mab payment for IUCb. loa to Lendor.
iostead otto Boaowcr and Leader jointly. I.asuraaco proceeds 8halI be applied to reatarlliOJl or ~ of the damaged Property.
If the restoradon or IqJair f8 economically feasible and Lenda'I lecurity is DOt leaeDed. If tho restoration or n:pair is not
oconcmica1ly feas.ible or Lendet. security would be ,demcs ~ tho iDaurmco pIOCOOda ahaU be appled fiAt to the reduction of auy
indebtedness UDder a SeCODd Note .aDd Second Security In8tmIDeDt held by tho ~ S on Ihe Proparty add then 10 the
reduction of Iho indebtednDII uDder tho Note IIId Ibia' security lDstrumeDt. Arty.ee. InsuraDce prooeeda OWl an amount
required to pay alI 0UI8I8Udi0g iDdebtf4nes1 under Ibe Note and Ibi' Security laltnaneat shaD be paid 10 the eudcy IepUy
eutided thereto.
In the event offoreclosure oCthii Seeurity lDstnmtenc or other transfer of titlo to tho Property that axtinaui1bc8 tho inciebted.DcssJ
m
all right. title and idtenst ofBoaowcr in and to iaswuce poUdes forco Iba1I pass to die purohaser. .
4. OccupaQC1, Preservation, Malntellaaee aod ProteetiDa or the Pnpa1)'; Borrower-, LoaD AppJicatloaj Leasehold&
Borrower shin ocoupy, establisbJ and un tho Property u BOIIWOJ" principal raideace afta- the execudou or this Security
Instrumd and Bcnrowor (or at )eat one Borrower. if initially nun than 0118 pcrtIOD are Borrowers) and sbalI coatinuo to occupy
tho Property u Bonowor'a priDcipal residenco for tho tarm of the Security lDSlnDDcDt -Prinoipal midcmoe-Iball havo the same
DleaDJDS as in tho Loan Aaroemenl
Borrower sbaII DOt commit waste or . Y ~ damap or IUbstaatia1Iy cbanp the PIOpCrty or allow the Property 10 deterioIlte,
zasonablc wear aDd car exceptecL Borrower shall al80 be in defanlt it Borrower. duriog the loaD application proeea. pve
materially false or tnaccurate JutbmJation or Ita~ Leii_
to (or &i1ed to provide Leuder widl aDy material information) in
connection witb the Loan avidenccd by tho Norc. fncludtas, ~ lio)'Umited ~ repteIOIlIationa conceming BomrweO occupancy
oftha Property u • priDcipal ruideace. Ifthll Securitysi·~DemurtlJ on a leuebold. Borrower aha1l comply wJIb the provi,ioos
of tho lease. lfBozroWCI acquircll feo ti!J.e to tho Properly, the leasehold aad fee title shill DOt be merpd unloa Leader AgIUS to
merger in writing.
S. Charg_ to Borrower and ProtectiOJl of Leader's Rllfla In die rrojleny. BonvwCll' ahaU ptay .n govcmraenlal or
municipal charges, finel and IDO~l pmi thallll Dot IDcbadcd in Parapaph.2. Boaower shaD pay these obUptioas on time
directly to the entity whJdJ ~ owed the paymcaL 1ftaiJun, 10 pay wuuld IIdvCtSClr a&ot Lollden iateR8t ill tile Property, upon
f
;'. Lender's request Banower shall promptly fimlilh to Leder ICQripts oYideDcioa cbcH paymeot& Borroww shall proIIlpIJy
,',
;i discharge any lieD which has priority ~O tbiJ Security InsCrumeat in 1bo II18mJCr pro'lidcd in PlII8gr9b 12(C'}.
: 7. Condemll8tiou. The proceeds 'cf any award or dam1 for ~gam d direct or coascquentiaf. in COJmCCdon with any
. coodemoatiou, or other taking of aPy ,part of the Property, or ibr CODVeyIDCe In place of'coodemnatiOll .ball be paid to Leddcr.
Tho proceeds shail ~ IP9Hed first to ·o~ mluetiOD of 8Dy fDdeb1eCfD. . 1D1der • Seeaad Note 8Dd SecoDd Securiay 1nsIrumeDt
.held by 1he Sem7Iary On the Property1 WId ~hc to the reduction or tho Indebtedness under the Note and this Security lnsb'11ment
Any exceas proceeds over aD amount required 'to pay an oulStlmdfDs iDdebtedlless uadar the Note end this Security Jnstrumeat
shall be paid to tho endty legally entitled -dtcrcto•.
(h) AU of a Bonowet. m'i~1t the PropBrty (or his or her baleticJal JD. .i ia a 1nJIt owniDg III or part or the
Property) is sold or esi~o traDIferrcd an 110 other Bouvwer ntain& Ca) a10 to the Property ill fee .implc. (b) a
leasehold UDder a leue rot not Joss dian 99 yeanI wblch is Ja1owabJo or • l~ having a rcmaiaiog period of Dot
less thm SO 'yean j,~ob the date of die lOOd1 birthday of the)'01lDleSt Borrower, or (0) a life es1ato in the
PnJperty (or a benlficial ~; in a trust with such III lDtezat ill the Propeny).
(It) Dill .ad :Payable wid! Sea-etaty ApprovaL Leader may rcquiro immediate payraent in full ofalllWDS ~ by ibis
Security Insbument, upon l:~'trp. by aD aathorized repre8c:Dtadve of tho SCcretary, If
(i) Tho Property ~ to ~-;\. the priDcipal resldeuce of a Boaower for l'eISCJD:J other thao deatb and tbe Property is
Dot dlo priDcjpaJ '~,;kciser 01 alleut 0Il0 odler BOI'I'OWa"j or
(Ii) For a period of longer thar3 twelvo (12) o ~ monthl. a BoJn)wer &ill to pbysjcaJJy occupy the Property
because of phyaica1 or lat~m UlaCII eod· die ~orP is, not tho principal nslidcnco of at least ODO other Borrower;
or .
(iii) An obligation of thO m~)1; B ted~ tb.ta Security IDItnlmem is ~OD pcrfOlD1ecL
'. .. ,(e) Notice to Lender. Bo1TOWfJt1.~ l ~olify Leader'whenever any of tho events ~sit in IUbpaiagrepha (8) and (b) ofmis
PBrBpph 9{aXij) or (b) 0C0Uf.. . .
(d) Nodee to Sec:retary ••d BO~ta:'. ~ shall notify Ibc SocroImY aDd Borrower. wht;nOWZ the loan bceomea due
'.', ,,:: aDd payable under dlia Paragraph, 9(:J)(iilmd (b)i LcDdcr sbaII not have die rigfJt to <:ODDI1GOCO fondoaure until ~wou B
baa had thirty (30) days after e~don tg":oitber:
(J) Correct the wtter wblch det~ ba tho Seeurity In&tnuncnt comiDa due and ;clb~ or
(it)
.
Pay the baIaaco ira full;' OJ" .~
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(iit) SoU the Property for the re~ I of tho balance or 9j% of1hc appmiled YI1ae aod apply dlo DCI proceeds aCthe we
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Book5057/Page16-7'2. CFN#2008065289 Page 3 of 13
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(iv) a
Provido thD Lender with deed in Ucu of 1breclosure.
(e) Tra.fI. CoDWyllllCe of a ~. interest iD the Pn1pertyto • trait which mceta the requirements oltbc Secretary, or
convoyanco of a cmst'I iIdeJacI ,In: ~ Property Co • Borrower, ehaII DOt be coasidend a oonveyarwo for purposes of this
Paragraph. A tnJ8t shaD not be der ~ an occupant or be comidcred 18 haviq • priDcipal Jaideuce for J'UIPOSe' of this
Parapph9.
(I) Mortgage Not Insured. Boao'wer agrees that should this Security lDstnm1ent IDd die Note not bo eligible for iusurance
under cbe National Housing Act aiht~ cigbl (8) momb 1iom tile date ~oerah. Leader may, at its optioD, require im1nediate
payment ill NIl of aD sums secured by tbis Seeurity IDmumeDL A wriJteIl SCl1emene ofany 8Uthorl7Jed alent OfthD Sccretas:Y
dated subsequent to oiIht (8) months from tho dale hereof; dec1iDing to kJsgn, this Securit;y IDstrumeot IIId 1he Note. sball be
deamed couclusivo proof of such iIleligibili1y. NOCWirhslaDdiDa die qoins. thJs option DJBY DOt be exaoiced by Lender
when the unavailabilit)' ofmSUl8llCC is ao1dy due to 1.AIldat1 failure to nanit • mortaap msurance premium to thD Secmtry.
10. No y e ~ D ludpteJICl. Booower sball have DO petIODIl UablUty for payment of tho debt secured by Ibis Secarity
lnstrumenL Lender may enforce tho debt only through we oCtile Propcny. Leader I'haD not be pennilted to obtain a doficicncy
judgment against BOITOWer if the Security IDstrumml ja foreclosed. If this Security Iatnanent is uaillled to the secretary upon
demand by the Secretary. BolIOWCl',rhaJl not be liablo Cor any diffoteDeo betwecD rho mortp,e inmranco benofits paid to Lender
aDd the OIU»faJIdiDg iDdebCedneas. gai~lcn ICClUed intereat, owed by Borrower at tho time of the usignmcmt.
11. Reiutatement. Borrower bas • right to be railJlCated itLoader' hal ~ iaunecUate payment in fbJl TlUs riabt applies
eveu after foreclosure proeeediap are institutDd. To reiDsrate this Security 1DsIrumeot, Bonower ahaU correct the coadition
which resuJtcd in the requirement for jmmodiatc payment iD M. Poreclosure 00ISI8Dd nsasonablo and customIl)' attameya' tea
end expenses properly aaociated with a' foreoIDS1O proccecUag shaD be added CD the priDcipaJ. balance. Upon reiDstIdemeDt by
Borrower, dWI Sec:urity IDItrumeat and tbe oblfptiom that it ICOU.lW lha1l romaiD ill effect _ if l.Amder hid Qot NqUind
immediate payment in tun. However, 1.ender Is DOt mqufml to peanit rcinstaleJJ1eilt if(i) lADder has accepted reiDStattment
aftot tbe commcmcomcat of forcclOlUl'e pmccedinp within two (2) years yl~aidem I precectins the commencement of I ~.
foreclosure pIOCeediDg. (11) ~ wtl1 pn:clude fcnc1oaun, 011 diffenmI grouacIs in the fialUn, or (it) roiastatemeat will
idvc:l3C1y aWect tho priority ofthe security IDstnuneDt.
12. llInt Llea Status
(a) ModincatJo& Boaowe: aar- to extend Ibfa Secudly lDatnmumt In accordaaoe with this Puagraph 12(1}- If Lader
determinll Chat tho original Hen 8CatU8 oftho Sccudly IastnmIaIt "joopmIized UDder IIato Jaw (fndudiDg bat not limited 10
situadODl whtn the unOUDt secured by the Secar11¥ Iaattument equats or exceeds dlo'maximum prinaipalamount stalDd or
the maximwn period under which loan advaDces main ~, lime tien'priority Initially pmted to laau adnnces haa expired)
and state Jaw permits the originaIlico atatal to be ~l eDiatm tuture Joan 8CIvIDces through tho execution IUd reoordation
of oae or more documea1S, tben ~ shaU obtaiD··title ~ive at Bon'owa'a expense. If the tido cvIderace indicates tbat
the Property is not encumbered by any Hens (OK. this S-ntY '1allrUmeat, 1bo Seooad Security IDItrumeat described in
Paragraph 13(8) and any IlJbordinate Uens tbat the Lender dertnniaa will I Iso be IUbordiDato to IIIJY future lOlD advances).
Leader shall request the Bonower to execuIe such docurucofB. If ltale law docs DOC permit tho orlaiDal Uea ItBtus to be
extended to fbture loan adV811Cel. Borrower win be deemed to have &iJed. co havo perfonned au obUgatkm undoi ddt
security IDstrumenL
(b) Tax Deferral Pro....... Borrower'aball aot puticipato In a real estate tax dofoItI1 pIOgr&m. if' aaY lions aeeted by the tax
defaral are DOt subordinate to IhIs Security IDIlNmeot.
(c) Prior LIens. BOl1'OWeI'shalI promptly dischllJl8lUY lien which bas priority over this Security Instrument UDlass Borrower:
Ca> agrees in writing to tho payment otthe obligation aecan:d by the lien In a 11I8DDCI' acceptable to ~ (b) CODfeItB in
good faith the lieu by. or defends against cnforcemeot of the lien In, legal proceedinp which in the Leaden opinion operate
to pnmmt tho eoforcement of rba. lieD or fOrte.tture of aay part of the Property; or (0) IecuteI ~ the holdtz of abe lien an
agJUmeDt nlisfactoly to Lender BUbonIiDating the lion to all amouuta socarcd by this Sccarity IDstnameot. lr Lender
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determines Chat any pm of the Property ialUbject to a lieD which may aftain priority aver au. Security 1Dstrument, Lender
may give Bonowet' a notice idcnlitying the lien. Borrower Iha1l sadafY the lieu or cako ODe or IIJOM of tho actions . . tbrth
above within ten (10) days of the gMug ofnotlce.
13. RelatioDSblp to Secoad Security lD.tnuDaat. .
Ca> Secoud Sccurlty IDJtraal-.t. .In order to secure paymeaCI wbicb the Secretary may make to or on behalf of Borrower
pursuant to section 255{i)(l)(A) of the NatiOll81 HouaiDg Act 8Dd the Loau ~ A unless otherwise :Provided by the
Scerellryt the Secntary lias rCquired Borrower to execute a Secolld Note and Second Security IDslnlment on the Property.
(b) BeJatfolllhlp or PInt and Second Secu.ritJ IutrumeDta. Pa)'Dleldl made by die SecrctaJy IhaJJ DOt be included in Ihe
debt UDder the Noto uolClS:
(i) ThiI Security lDtImment is usipcd to tho SccretaJy; or
(ii) The Secrdary Icceptl ~imbuncme by the Le4dcr for all ~ a p made by tho Secretary.
If abe circumstances described in (i) or (ii) oCQJr, thea 111 pqmcmtl by tho SecreEityI mcludiDs iDttast CD die paymenfl but
excludingl. Gharps paid by the Secretary,lhall be iDcluded ia the debt UDder tho Nole.
(c) Effect on Borrower. Wha'e there is no 88I1pmeDt orrahDbmsement If describod .ill (b)(J) or (ii) and 1be Secretary mates
paymentJ to Borrower, then Bonower .hall DOt
0) Bo required to pay amounCl owed under the Note, 01 pay atJY ta1ts end mvameJ of tho Property UDder Pmagraph
19 to Leader or I receiver of the Pmperty. ua1il dla Secretary hIS reqWred payment in fUR or aU oatmDdlng
prillcJpal and accrued ioterat under tho Second Note; or
(ii) Bo obligated to pay lateral or abared appreciation UDder the Note at any time, whether accNed bofore or after die
P'YMeuta by the , ~ 8Ild whedJer or not lCGnIed iaIerest has bt= Jacmded in the 'priDcipal balaDco UDder
the Nore.
(d) No Duty of the Secretary. The Secn:&aly baa no duty to Leader to cabcc oovCQlllta of the Second Socurily lnsb'Umellt or
to ta1ce actions to praeIW tho value
or the Property) eveo though LeJJder may be uaable to colleoa IIDDUDtI owed UDder tho
Note because ofreslriCfioDs ill this Paragraph 13.
m
14. Forbeanaee b7 Leader NDt a Waiver. Any forbe8daco by Lc:odcf OXCRiaios any riJbt or remedy aba11 Dot bel • waiver
ofor preclude fho exorcise of any ri&ht or remedy.
15. Sueeesson and AaJpI Bound; Jolat aad Several Liability. The coveuntl and agreements of this Security Instrument
shall bind and benefit the ~ and wips of Len~. Borrower may DOt aseip any. rigb18 or ObUptfOD' UDder this
Security lDItrumeat or UDder the Note, except to • trut tlJat mt.ctI the RqUire.meDCI ofthe . ~ BOD'tJWeI'a covenaoCl 8Ild
agreemcats shall be joint and several.. -', · '~"
...,: .
16. ~ o N Any notice to Bonower deiv~ for iD tb&,Securit)' IDItn.uneDt aball be giveD by dcliveriDg it or by maDfDg it by
flnt class mall unless IppUcabJe law nqWn:a use oflDother mctbod. Tho DOCiGo sba11 bo ~ to Ihe Property AddJ'ea or aay
other address all Borrowen jointly designate. A1rI notice to Leoda" IbaD be &M:a by &It clasa mail to Lcndan addR:sa It*d
hmin or any address Lender desipates by DOtico to Bonower. Ally notice pmvfded for in this Security lnstrwnent shall be
deemed to have been gival to Bor~m:.i Lender when giYCIl u prcmded In this Parapph 16.
J7. GoYerrdna LaW; SeverabDlty. niiI Security InatnlmeDtUall be govemcd by Podcral Jaw ad the law of tho jurildictiOl1I.n
which the Property 18 10CIded. In tbe eYCJlt tbat lID)' pruvflioo or clauae of 1bia Security IDstlument or tho Note oDDflicts with
applicable Jaw. such QODflict &haIloot afftd otbet provialons of this Seduri!1iustrumcut or the Nore ,which CID bo given etrocc
without the conflicting provision. To this end lhe plDYilions of this Security raatnlment and tho Note lie decJared CO be
severable..
18. Bon-ower'1 Copy. BOIIOwer shan be giveD ODO confmmcd t;OP1 oftho Nole ad 1his Security 1Dstromcnt.
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NON·UNIFORM COVENANTS. Boaowao and Lender ftu1IJer COVen&DI and aara u follows:
19. AssipmeDt of Rents. Bonower UDcooditionaUy asslglll and traufcrs10 Lender a1l1he reutllDd xwenues of the Property.
Borrower awDorlzes Lalder or Lender'a asatl to coUect die rents aDd revenues and ben:by directs cadi tenant ofcbe Property to
pay tho rents to Lender or Leftder'1 aicli. Howevar, prior 10 LeDdetI Notice to Bouowel' ofBonowel'. breadJ of auy covenan&
). or agrmbel2t in the ~ ~m urtsnI Bonower shall colJe<:t and RCeil'e aU reats and ftMUICI of the Property as trustee for
the benefit of Lender aDd Bonvwer. This ISSigom.cnt ofrents consdtmel an absolute -8lUDeD1 and DOt an aaipmeot for
.dditiod.ll aecurity only.
IfLeoder gives notice ofbreaeh to Bon-ower: (8) 811 rents.received by Borrower shall be :held by Borrower 88 trusceo for beoofit
of Leader only, to be applied to the sums secured by thia Security Jnstnaueoi; (b) Lender Iha1l be entitled to coUect and receive
'aU ofthe rents otthe Propef1~ and (c) each cmant of the PIOperty ahaI1 pay an rents due 8Dd unpaid CO Lender or Lenders agent
OD Louden written deDlJl1cl'to tho tenant_
re~ bas Dot executed any prior a&BiPmaDt altha I1JIJtI .d hu Dot IIIId will bot perform any act that would prevent Lender
'from 8~crex irtriPts UDder thiJParliraPb 19. .
Lcndt:t shaD Dot be deriuq~ to eater "'fl, take co.Dlrol ofor JD8iIUain Che Property before or after gi'ViDg notice of bn=ach to
Borrowor. Howover', Londer or a judiciNly appointed ruceiver may do so .1 any time there ja • bfeach. Any appHcatiOD oCnmts
shall not cun: or waive any default or etadD v~ any other right or raiody of Lender. Ibis aasianmont ofrenls of tho Property
.haJJ cmniDalo when the debe secured· by tbiJ Socurity IDBtrumOIl. is paid in fhD.
10. Foredonre Procedure. If Leader requlra immediate paymeat iD fuU UDder F.rapoapll " Lender may foreclose tfUI
Security InafruJDent by Judicial proceedlDg. Lender .an he eJdftled to eaDect.U upedIeIllI&:Dmd ID punulng the
remedies provided to tills 'angraph 20, "eluding, but Dot lladted to. naDRabie "naeyel feel and eostI 01 tine
evfdeuee.
21. Lieu PrlorIt)'. The fUll amOUDt aecmed by tbi. Security 1Dstrumeat shall have tho saDio priority over BDy other IieaB on the
Property as If tho fUU amount had been ~ b ; d on the date the initial disbursemePt wu made, reprdlea of the acraal ~ of
my disbunemcat Tho amount secumI by thJI Socurity Instnamaat IbaI1 include aU direct r-ymeDtl by Leader to Borrower and
all other 101D advancos permitled by this. S=uity Instrument (or my pwpose. 1bla lien priority ,haJJ apply JJotwiths!andina 8fty
8mto constitution, law or.alion. ~ t that this lien priority UaU not affect Ibe priority of my tioaa for lUlpald State or local
~VOI UDit special 8S&eIIIDeI11S O(tUOi.
21. AdJustable Rate Patore. Under tl:e Note, the JDitiaI &tUod Interest rate ~fD aad 66/100 percept (3.'60%) which
accrues on tho lDlpaid principal balance ("InJtiallDterest Rate"} Js subject to chnac. u cfelcribed bdow, Wlleu the interest nate
changes. the new adjusted ~ D i rate 'will be applied to Ihe ~ ..~ prinoipal balaace. Bach adj1J8tmt:Dt to th" iDlerat
rare wiD be hued upon the weekly am:agt:Yfald on I:1~S.dotinU 'heaaury Sccuridel adjusted to • CODSIIDt maturity of ono year
(''Inda',pIus a margin. The Index Is dchi!~JV In the Fedcm1 e ~ Bulletin ud made available by the United S1a1el Treuury
Department in SlatiltiC4l kIcaso H.lS(~J9). If tho IndGX is DO IoDF ava&ble, Lcmdar will be requintd to use lIlY index
prescribed by tho Departmtat of H9uSiils and Urban Development. Tho DCW index will have a historical movement
.ulmutfaUyaimUar to the original indu, 8IId tb DOW indeJt and IIIItIiD wiU result in an IIUIWl1 percemap rata lbat is
substantially.imilar to the rate fD etreet ~a the time die origiDal index beeomea unavailable.
Leader will pedorm the calcuJatioDS ~ below to determine tbe DIW adjosled intcrat J8te. The fDlclat rato may dump
on Septanber 1. 2008. and on the fiti( clsy of _ and oa that day of each succeediDg jar, or ....L the firBI day ot eacb
succocdlng month (Cbaoge Dare) UDti1 ~ht loaD is repaid iD fWl.
Tho value af the Index will be detmmineoJ,· using tho most ft!CaJt Index figure avaUBble thirty (30) dI)'I before tho Change Date
reumnt Indax"). Betbm each Chaa., Date, Ibe ~ lDhnIt m1C wid be calculated by addiDg a IllZUJin to the Cum:ot Index.
The IUID of the JDIIJIin plus 1be Curmll Indox. will be oaUed the detaIu~tl 1Dten:at Rate... tor each Qaago Date. The
Calculated Interest Rate wiD be compared to tho IntcrasC race to "eft"ec;t 1mmediately prior to tho current Chance ))ale (the
t·
PLr'Monpp
PalG6 )J
ft17J' ,
. I
--..;., Amtually AdJusting Variable Rate leatun ·1bt interest rate wiJl nner incnmse or decrease by more
than two pen:enlJ&c pomtl (2.0'») on any lingle CbaflP Dace. The interest rare will never be more than
rIVe percenmge points (5.0'i) higher or lower thin tbe inltIaJ kuerat rare Italed in ParlJr*ph 2 of !hit
Note.
MonIhIy A<UusthaI vBri8we Rate iestare - 'DIe CalcuIaU:d Ja=:at Rare wOJ never increaso above
13.660".
The Calcu1atcd Jatcx=t Rate will be adjustal if necessary to comply with the limiCadon(s) described abava and wW bcin '*
ctrect una1 the nat Cbanp DaIB. At any c:baap dar£. if Iba CaJculared 1nIIeIest Rate equals Ihe ExIsting InIereII _ Ihe
Intere&t ratr: will not ehange.
23. Release. Upon payment of all sums secured by dUa 8ecoriEy Insmlmea1. Lender shaIJ release Ibis Securfty In.tII'WnenC
wilboot cIWge to Borrower. Bono9Jer.baIl f1IlY any ~ cosa.. ,
24. Att.onu:ys' Pees. As used in this ~ btnunent IDd tbc Ncce. -l£IOtnC)'I. ~ .. abaU lDcludc any attDmcyI' rea
awanled by an appelJale court. i
2S. :RIders to this Securltr InstnDD.tDL If one or more ridea Ite executed by Borrower and tecorded ropther wiCb Ibis
Security btrumcnt. the COYeIIaats I11d aax-unu of ach such deter Uall be Incarporaced into and _11 amead and auppJemem
Ib coveaancs and agreemeDti or dlls Security IastmmUlt 18 If Iho rida(s) were • part of lids Security lnsuument. [Chedt In
riden that are appliE:8bIeJ. ·
+~ ~ .... ~ et
~ ._IH~ ~
BOca. SW fOoL~5'\
Ocol.o. t f L.. 3 '-tf1 ~ (
-acIIdJw 1nIaatJQte).
AaumaBr AdJuICfnI V.w.la Rata ,..... • 'DxI . . . . !lie will PCVer Iaaw;e w decrase by IdOIe
. . CWO pawmrae paIats (2.011) 011 . , aiaP a-ae
0. n.- - lItO wfll.-ver 1» . . thaD
Jive Jiac'" , . . (1OSi) _ _ or lower .... die iDItfaJ . . . ., . ..... iD . . . . . . 2 01 tbiI
Hot&
1be CaJauIated IDIr.m&C - wiD 1a ~ It ~-'" fa ~ wtIb die Ie Hmk8dcJn(a) cIeIcrtbed Ibove lOCI will be III
dlcllIIdl b ~
iDItrest. . wm.-..
23. Bdeae. Upmj'a'"
a.ae-. AI.'/ . . . . . 111111 Ca1cDIIcIII*ia& . . . . . . ,.. . . . . . . . . . die
or IJf . . . . . by ddI SecIIIity IaIInaedt, LaxIer Iba.O ftlaIe ... &Ioudt1 JaIIIuaat
witbaut chirp co Bonower. Bcmrwa'.-..u,.,., secanJatfaa c:a&IIL
24. . . , ~ Iu lIIed lD tall Secudlr Jasrrumtu ... 1111; Noel. "IIJrJmqt . . .·1baI1DdIde . , ~ lea
ndl bJ~ ca d.
2S. . . . . Ie .... s-tv ........ 11 ODe or .............. b1 Bauowu lid teeaIdId ........ -ab1bfl
Securty l ~ GO\W)IIltalDd IJI'IfJIIIIIII cI ea ncb rfder IbaU belucca,.lt8f1Dto IIIC1 alIaD ..eaclMdIUppleuleat
Ibo COVecantl ad or
dill Sean1lJ JnIIn1maIt • }f the ric1er(1) 1Nre • pel of dill ~ bcrUiWUL (OaU aD
ddIrI dMt. . IpJtIcaI»Jt].
BY SICIGNO IBLOW. Banower ~ 1Bd. . . " the . . . IDdCIMDIIII COIIIaiDed III ddI s.adIr ~ IDd ..
. , tIdII(a) . . . . .. , ~ t e d . . . .".IL
WitIaIu:
..,:
"
~ ~.
...'
n.'-".,.
Book5057/Page1677
CFN#2008065289
STATE OF FLORIDA
COUNTY OF 1I'/,f(~1I
· SUA!& A'/J1(/, • by ep~ar M. Gillespie and PcmeJope M. GlDcsp'e, Trustee. iK\vll 811"'e,
Trustee, NeD J, GlUllpfe, Trustee, who is pezscmally known to me; who Juts produced
e"~(1¥J: A/a-dlSe
0" • • , •• ~. :
Notary Public
1I.J___
~I
. RlCHAfI) T. JK~O TAlWK
-
. ,.J
.......
'~" .\
STATEOF:Exl.lt:
M-A?r ~OYTNUOC
!-?J »<}
.
The gnio ~f inSlnJJJlent was acknowledged before me this S- day /J ~ or:::Jl:i
tPtlJOt
..'En,..,.; ,3bpal~ a
. by.»••,••, At: Cl'li!i111! ikd PuaeI.,••• QIIIapII; .jd'~
T. c.......who is personally mown to me; who bas produced
GIJ ~
-
r;})o'vee ':s L,. o..e.n :s-e as identificati and who did "d not) tB1ce UI oath.
..
' ,.
.~ .. :"",,1.
THIS PLANNED UNrr DBVBLOPMENT RlDml Is madO oa June OS. 2008, aDd is incorpOl8ted Into and aball be
deemed to amcmd BDd IUPPlcment the ~gatroM Deed of Tmst or Seeruily Deed (the "Security lastrumeut*) of the
SIDle da1e- given by tbc UDdA:raiped ~ It) SCCln Barrowar's Note to Liberty Revene Morlpp. Inc., •
Calffonda COl1'oradon, ("Laufer") o~ tho aame ~ad aad ~ the P!q)erty descrfbod irJ the Secmty Jastrument
and 10catGd at
OAJCRUN
POO COVENANTS. IIlaclcfJfioJl to thee COVIIUIDts aild .eemeau made IB tile SecuritT Jnstnoaeai. Borrower
IQd lader further COVCIWI' aad aaree .. foUnn:
A. So Jong as tho 0\VI1eB' AssoclatiOl1 (or equf¥aIcut aatity lJaldiDl titlG to COUUJJOD area aDd facilidea. actiq IS
tnutee for rhe homeowners. mainlllal. with • pacn1ly accepted iDnrancc pm'ior, • ~ or WJ)laJ2bt"
policy famriag tho property Joc:ated In die POD. including aJllmpJovemeati DOW exfsduS -or heRafter aected
on tho mortaaged premises. and sudJ policy is ..timG1ory to Leader aDd pfovidf8 msunmca coverap In the
.amounm. for the J"dods, aDd against the haarcIa Lcudcr and tho Secrctaty n:qqil"o. 1DcIudins ftte ami olber
hazards fDc1uded widIiD the term uomnded coverage.- aad loa by flOOd. to tho GDI1t required by the
Secremry. thea: (I) Lcmder waJws the pIOYiIiaa fD Pmpaph 2 otthis 8eGIIIity 1DstnJmcnt for the payment of
the premium tor bazud hmuranco 011 the . ~ ancl (iJ) BoITOW8l'. ohJfptioq UDder PmaraPh 3 or this
·Seasrity rnstrumcat to maintain baard iDsunnce on the Property Is deemed SBtiJfied to the crxtent that the
rctiubcd coyealt ;8 provided by the 0WDaI' AssociadoD policy. Bonower JbaIl si'Ye Leader prompt aodcc
of Illy Iap,a fJ1 IeqUired ha2lU'd iaBuJuce c o ~ ad oflIlY lois oceunina fi'om • humd. III !be evont of.
distribudoll oflIazard iDIUI'aDce proceedIln Heu otRltoratloD or tepair tbUowiDga Joss to the Pmperty or to
comQ1OQ areI8 aDd adUties of tbe PUD. my pmcecda psyablc to BODO'MI' Ire horeby assipcd aDd iliaD bo
paid to lADder 1br appIicatiolllO Ill. IU1DI secured by ddI Sccari&y,..Iasa1a:mmt,' with any om:ts8 paid to the
artity lopUy eu.titfcd thc.rcto.
B. Borrower promises to pay aU dw1U IUd llBelauenti Imposed pontJ8Dt fa the legal inaUumaI1I c:reatina BncI
IOvemfnl tho POD.
c. rf Boa'ower docs not pay PlID duel and lSIeI.entI wbea duo. Ibon Leader may pay them. Ally amaunrs
dlsbuned by Leacfcr under Ii~ parqraph C shaD becoD1B additioaal debt ofBarrower secured by tbo Security-
IustrumCDt UaJess Bouower and Lender agree to _ temII ofpayuicmt, thcso ~ shaD bear laterad
fi'am tho date of ~ 8£' tho Note Jate .ad shall be payable. with interat. uponnodco 60m Lender fA)
BoJrower requestias payment. . . ;, ' .'~
BY SIGNING BELOW.
J
Borroweraccepca and asreea to the tcrmIlDd provisionl contained h1 t1ds PUn lUcIer.
t.)
THIS PLANNED UNIT DBVELOPMENT RIDER is madC on June OS, 2008:1 and is incorporated into and shall be
deemed 10 lJDend and supplCmcnt 'the Mongage,' Deed of Trust or Secmity Deed (the "Security Instnm1elJt'l) of the
same daat given by the UDdenign('<f )~wo"D B'C to secure Borrowers Nate to Liberty Reverse Morteage, 'IDe., •
CalifornIa CorporlUoa, ("Lcudet') olthe same date and covering the Property described in the Security Instrument
and located at:
OAK RUN
POO COVENANTS. III addltfGD tq .thee CGv.aJlt.! ud agreemeatl made III the Securily lasuumeat. Borrower
aDd Leader farther COYIUDt aad s3IU .. faDows:
A. So lang u the Owners- A!!.o·:iation (or equivalent eDlity g~cb title to common areas and facilitics, acting u
trustee for the bomeowners. maintains, with I pneraUy accepted Insurance camer, a "master" or t'bJaoket"
policy insuring the pmp=rtJ located in the POO, including all stn~Yorpmi DOW exiatiD' or hereafter erected
au the tnortpged preznls~, .and such policy is satisficroty to Leader and providea ~ u i coverage in the
amounts, for the periods, d~ against the Iumu'ds Lender and tho Secretary require. including fire and other
hazards included wiChin tte term "cx=ded coverage," and loa by flood, to the extant ""IUired y~ the
Secretary, thea: (i) LeDder ".mves the provision in Puagraph 2 of this Security InstNmel1t for the payment of
the premium for bazard e ~ i CD the Propeny, and (ii) Borrower's obligation under Paragrapb 3 oftbfs
SecUrity IDItnJmeDt to niat~ hazard iosunmce 011 the Property is deemed satisfied to tho exteDt that the
required covCftle is d.~i\orp by the Owuors' A.aociadon policy. Borrower shall giva LeDder prompt notice
of any lapse io required'tunard inIID'IDCe coverage II1d or my loss occurrinS from a hazard. 1n the event of a
distribution of bamd imutlace proceeds in lieu of restondiou or rqJair following I lou to the Property or to
common BRIS aad fAcilities ot the POD. auy proceeds payable to Borrower are hereby ulisned aud lbatl be
paid to Leader for application to the sums secured by this Security IDstrunlent, with any oxceu paid to tbe
entity Jegally eadtled .~ercht
B. BOI1'Ower promises to pay all dues and assessments imposed pursuant CO the legal instruments creating and
governing the PUD.
c. If Borrower does not pay POD dues and usessmentl when due, then Lender. may pay thent. Any amounts
diJbursed by lAmdel' under ti~ paragraph C, Jah~ e~b additional debt of Borrower lCCured by the Security-
Instrument. llaJeu B o n ~ and Lender iltee to ~ o tams of paymeu~ these amounts Iba1I bear iIJtcml
6:cm the date of disburs~ t at the Note rate and shaD be payable, with ~ni upon notice from laida' to
Bcmower requesdDg .t~myap
I"
BY SIONING BELOW, Borrower
. .:
aCcepts
. and agrees to the terms and provisions COI1taiDcd in this PUC Rider.
.... '
bRcfope AI. Eiillupie, =r.t .Iter,
'~ ~_)T~
MaJlkfuaple, TnJte.
Pap lorl
'\ :
..
EXIIIBITA
Bxhibit A to tho Martzale made 011 May.29. 2008. by Pellelope M. Gillespie, Nell J. Gmap1e aad Mark G1Uesp1e. u CD-
Traet- of Tba GJDesple PaadlJ. 1J9IUC Trust ~ t clI1Id JlcbrlUlrF 10. 1"., ("BonoWeI") tD Uba1Y Rl\'enc
MDrtgage, be. ("Lenda"). Tho Property fllClC:lRd In the caunty ofMarton.ltltIl ofJ'l... descrlbcd .. foUOWlI:
Description ofProperty
Legal Dw:ripllon attached 'hereto IS 'BXhlblt A' and by 1his refermce made • part hereof.
1ml i~ l fi l f . U45842B63-18KF13
t1CRTGAGE
US R.cardlngs
~
~\ ~l:t\r.a
THIS MORTGAGE ('I "(y' 1 ~ a u J or ·Sacood Socurlty IDtrumeut" is given OD lune 05, 2008. The mortgagor is
Penelope M. GJUesple, en 1. Gl1IeIpfe and Mark GUlaple, • Co-Trulteea of The GWesple F_Oy LIving Trust
AgRement dICed February 10, 19'7, whose addma is 8092 SW 115tb IMp, Ocala, FL 34481 ("Borrower'? This Security
Instrumeotl given to the 8ecretaJy of Housing IDd UJbaIl Development. and whose address is 451 Seventh Shot.. S. w.,
WashiDgton. DC 20410 rLeadet1 or rSecretary'?- Bo[JoWCl' bu qrood to ~ CD Lender amOUldl whlch Lend. is ob6pted
to advance, Including tbbR IIdvances. uDder the tcrmI of. Home Equity Conversion Loea A&remaeat dated the same date II
this Security 1Dstn1meDt ("Loan Apemeat"). The agn:em.eDt to ~ is evidoDced by BoJrower's Note dated rho same dale IS
this Security IDstrwneot ("Second Note"). This Security IDatnuDeDc RGUIeI to Lendm': (a) the repa)'lDent of tho debt evideaced
by the Second ~oN with ioterest, at a rate IUbjeot to a4jlJlbnea(, and aJI renewals. emnaions IIId modJ.fioItioos oftho Note. up
to a muimum principal amount otOae Ruadred Nmecy-lClPt TJaaannd ad 001100 Dollan (1198.000.00); (b) tbG paymt4lt
of all ather sums, with imerest, advnced 1B1der Paragrapb 5 to prorecl cbo security or Chia Security lnatJutnem or othawiao due
QIldcr tho teDD8 of this Security InIcrument; and (c) the pcrfonD8llCl of BomJWa". COveD8llfs aDd agreemcaCl under this Security
Instrumc:l1t ad dle Note. The Ibll debe. iDcludins ell ammmts described m(a). (b). aDd (e) above. .fnot paid earlier. is duG and
payable OIJ October 1', 208t. For ~ ~opw Bouower doeI bereby mortgage, graat mel oonvoy to Lender, die foUowing
descn1)ed property located in Marlon County, 'lorida;·
The real property located at the addrcs' 8092 SW ~15 lA)oP7 0uJa. FL 34481, in e~ County of MarlOIl, state of FL.
described more funy on Bxhibit A atrach:ed to thil Mortpgo.
... ,
. ,"',......
TOOETHER Wl1H alllhe UnproVemcL'.1s JIOW or hereafter ercgted:on the ptopcrty, 8Dd all easomatU, righ1lt appurtenancea, aud
fixtum now or hcrea&r a part olthc property" AU replaceDHDts and additiODl aha1l also be d~oc by this Security lnItrumeDt.
AD ofthe gnJo~)(r is morrod to in this. Security IostnnDeut IS the '7roperty.II
. BORROWER COVENANTS that Boaower is Jawfiilly lCised of &he estate hereby conveyed and has the right to grant and
convey the Property aDd that the Property Is only encwnbetod by. Pbst Security Iaslnuneat given by Borrower and dated Cbe
same date .. this Socurity Iastnunent ("FiJlt Secmity 1DsfrumeDt'). BoIrower WBDaIdS and will defend genem1ly the title to the
Property against all claims and demands. iubject to any CtIIcwnbrances of rocord.
THIS SBCURITY INSTRUMBNT eombmea uniform covenants for nadonal uao md oon-UDi1bmt covenanta with Umited
variatiODS bynoit~jdaru to CODItitute a unifollD eecarity inItrumeat coveriDgJal proporty.
.!,I
1. tae~y P or PrJndpaJ and .t~irel '. Borrower 8ha1l pay when due the priacipal of; and inaeJat on. tho debt evidenced by
the Second Note. .
2. P."mat or Property Charges. Bonower s&all pay aU property dJarBes consisting of blxes, JI'OUIId rcuts 1Iood lind hazard
insuraace d n a : ~ special ~ in a timely ~ •.. aDd IJIaIl provide evidence of paymcDC ~ Leodcrt ui1Iess
Leoder pays ~orp chargea by ~ ding fimds _ montbJ.y p&ymeJltl duo to thB r ~ or by charJinc sucb paymcatl
to • 1h1e of credit as provided for in' ~ Loan Agreemc:ut. Leuder may require BomJwer to pay tpeOified property gbmps
directly to tJ1e patty owed paymenthguo t·~ Leodu pay. oCher property cbaraca u provided in dIis Parapaph.
i·· 3. Fire, Flood Bnd, OtIaer,1IazanI laiuraace. Borrower' ahall Juuq aU improvemcnll on the Property, whether now in
I existence~cer ;ydneuqclb s,ro ~ 9ia any ~ casualties, and ~ aDidulc~ fire. This ioaurance aball be
maintained in the amoUDts. to the t~xc and Cor 1he periods NqUired by Lender. BoD'Owel'shall also.iDsure aU improvomeDts on
the ProPerl¥. whether now in exiateDce· or 8UbIequently eredl:d, apioIt loa by floods to the tlaI~ ~ by Louder. The
insurance,policies and any reoewala·1haU be held by Leader and sbaIl taelude loss olb.~ap clauses in filvor of; and in a tbnn
aCGCptable to. Lender.
In rho ,,,eaC ~lfo 'Borrower shall gi\le LeAder immediate c~ilon by maiL LeDdct may make proof of 1011 if IlOI made promptly
by Bonower. Bach iDsu.ruca company coaccmed Js hcm:by authorized sad dirtc:tcd to makD paymeat for suob lOB8 to Louder.
instead of CD Boaowcr and Lender joirJiy. IDaurlnce proceeds shaD be applied to restoration or repair of the damaged Property,
if the mtoratiOD or repair is economir.ally teaslb1e IDd Leuder'1 ~ is nol lessened. )f tho n=storatiOD or repair Is not
economically feaaible or Lender's yt~ would be lessened, the IaauraDce prvceeda Iba1l be applied first to dlo reduction of lDy
indeb&edDess under the Second Note (lid this Security IosINmtrll ATI1 excca iDsuraDce proooeda over 80 amount ,requftd to
pay an OUI8t8adiag iDdebtednesI undet ~.be Scccmd Note BOd thiI Securily talll'umentlhall be paid ro the endty legally emitled
thetCto.
In the t ~ offoreclosure of this SeeJiity Instrument or other traDlfer of titlo to the ~porP thai ClXtJuauishea tho iadobtedneas.
all right, title 8Ild inteRst ofBorrowCt da,~ to 1aIUIIDCe polklOi in tome ahall pUI to tbe"pun:ba8cr.
BOmJwer' shall Dot commit waste or dUcIoy, dama8e or I\lbatmdally cbanp the Propedy or aROYl die Pmperl)' to deteriorate.
reasouable wear and tear excepted. Bomnver MaJJ also be. in ~ if BonOwer, duriDg the Ioeo application procass. gavc
.materially &Jse or inaccurate n~amrofnI or ,~nmta s ro(., edn L·~ fiilcd to pmvfdo Louder with any material fnformadon) in
CODDOCtion with th' Loan evideaced bY the Note, tncludliig. but ~ limited to. npreseoladoDS couceraiua Bonower'1 occupaacy
of the Propcny as a pli.ncipal ~ .If thb SOeurity ImtnuncDt iI on a 1eaachoJd, BonowCl abaJJ comply with dJo provisioDs
ofthc lcaso. If Borrower acqufrc& fee tide' to ~ Property. the leuebold aod teo tide shall not be merged unJeas Lender agn:es to
q~m~qm .
S. ChaJ'la to BoJT01ftr and l1~nP 01 Le.der'. IUglatt In tile Pro~. Bcmower ahaU pay au govemmeDJal or
municipal charges, fiDes and irnpoIit1oni"that 11'0 DOt inotuded In PaJ1l8l8Ph·2. Bonower .ball pay theIo obtigadons on time
dUecdy to the eatity which is awed the paymeu.t. Iffililure to pay wouId advcneJy atrec:t Laader's iImeIt in tho Property, upon
Lender's request Bonower shall promptly lUmish to LeDdet teeeipCI evidenciog Chese p8ymeat& Barmwer maD promptly
discharge aDy lien which bas priority oVer Ibis Security InlbUmcut ba the IDIDIIet prcMdecI,1D Patapapb 12(c}.
To protect Lendar's" y t ~ in tho ProPerty, Lender sball advamce aad chqe to BOlTOWer all amoun18 due to the Secretary for
the Mortgage Iastnnco Premium , . ~ • defined ia the LoaD Agreement .. well as all 8UD1I due CO' the loan servicer for
servicing adivities ("Servicillg Foe1l) u dermed in the Loaa AgreemeaI. kay amoUlltJ disbursed by Leader under IbiI Paragraph
are obligafoty and sball become 811 additional debt ofBonowar u provided for to the Loan Asrcement and shall be secured by
IhU SOC1aity lasbumGl1L
6. lapeCUOD. Leader or itB agent may eater em, iDspect or make epprafsaJa of the Property in • reelGlJ8blo manner and at
reuoDable ~ pmridod dust Leader .ball give die Bonower DOtic:u prior to any inspection or appraisal specit)ring a purpose
for the inspection or appraisal which must be JUDd to Lender- fnterat in 1110 Property. Utllo Ptopen, is vacant or ablrJdoncd
or the loan is in default, Lendot may take ftJI.ICm8b1o dOD to protect aDd preserve such vacant or abandoned Properly without
DOUce to the Bonvwer.
7. Lloit~DmednoC '!be procoecls of any aWan! or daim for cIaDIap, dlreot or cemsequaltial. ia amnccI10D with any
coademoatiOD or other taIdDg or my part of the PJOperty. or for COIMIY8IICO ill plac:e of condenma1ioD, .ball be paid to Lender.
The proccoda sIJaIl bo applied tim to tho reduction of my iDdobtedaca UDder a Second NoID and Second ~ fnstrucnent
held by the secncary to tho Property, and tIleD to tho Jeduction of the iadebtedoeslllDder the Note and Ibis ~ tDssnuucnl
AJJy GcesI PJ'*Cds owr an uaouat rcciuirccl to pay alI outatIDdJDI iDdebr.allleas UDder tho N9te aad this Securily Instrument
shall be paid 10 tho entity legally aititled thereto.
a. Fea. Lender may collect fees and ;haq0l authorized by tho Secretaly.
,. Grounds for Aceeleradaa ofDebt.
<a> Due aad Payable. LeDder may IeCJUin' ~aid:m h payment in fW1 of aJllUDLS scoured by this Security Instrumcat If:
(i) A Borrower cHca 8llc11bo Propc:rty 1I1lO1 the PrindpaJ le8idmec ofat [oat one 8UtVMDg Boaower; or
(ii) AU of I Bo.aoweta title in dlo Property (or his or her b8DOficfa1 iDteIUt in a tru8t 0WDIna all or part 1110 or
lwehold UDder I for Dot less dum 99 )'eatS whicb is ftIleWIlble or a leesebe.
Property) is sold or odtetWile trIII1IG:Md ID. no odI« Domnwr mains (a) dtlo 10 abe Property in fee simplo. (b) a
lease alllDliJiag period ofnot
less dum SO yell'l beYond tho data of the 100th birtbday of the youqest Borrower, or (0) a life es1aIe In Ibc
Property Cor a beneficial inIerut in • tIU8t with such Ib in_ in dao Proporty).
(iii) no Property ceases to be tbc prkJofpai residcace of. Boimwer for RtISOJ1S ok dJan death IDd tbe Propa1y is
DOt die pnncipall'Clidence of•• least one other Borrower; or
(iv) Por a period of longer tbaa twelve (12) consecutive moatIIJ. a Bortowor faDs to ph)Cally occupy the PropClJlY
becaulo ofphyaical or mental lf1Deu aDd the ~ it not tho pIiDcipal residence of at lcaat ODe other Borrower;
or . .I t
. \:'w
(b) Nodce to Leader. Boaowcr aha11 ~OD die LeDdc:c whr.aever my of the oYeDts lilted in Puapaph 9Ca)(d)-(v) 0CCUt.
(c) Notice te Borrower. Lender sban D O ~ lJonowat whenever the 10m beeomes duo and payable uoder Puqrapb 9(a)(U)-
(v). Leader.balI not have the ript to comm=ee foreclose until Boaower 1lIII had thirty (30) da)'l after DOUce Eo eitber:
(i) Correct the matter which resulted ill the Security Iastrumeat comio.a due aDd payable; or
~ LF
fcd f/,?J; ·jJ.
~
Book5057/Page1685 CFN#2008065290 Page 3 of 11
.......-.. ::..•.... ",. ' : ..:.
(4) Trusts. ~nayeVIJOC ore Bonv,vetS interest in the Property to a trust which meets the requJn:mema aftho Secmmy, or
.ecD8ye~ of a b'uBt'1 ~etni ita tho Pmperty to a Borrower, shall not be CODSidered a CODveyaDce tor purposes of this
Paragraph 9. Atrust shall not be ~dfsnoc aD occupant or bo consldaed II baviag a principal resideaco for purposes of this
Pangraph9..
10. No Dd1eleney Judgmentl. Borrower shalf have DO paraoualliabiU17 for p.yment of tile debt IDCUrCd by tbis Security
Instrumenl Lender may enfbfIe the debt OIIIy tbrougb ale ofdie Propaty. Lader sba1l. DOt be peanitted to obtain a dcticJ.ency
judgment apinst Borrower Iftbe SCQUity IDstmmant is fbrecloaed.
11. Reinstatement. BOl1'Ower bas a .right to be rehutalecl ifLenda' hI! required immediato payment in fUlL This right applies
even after forecl08um proceedings are instituted. To "'iDItaIe dJiI Security lDstmmeat, Bouower sbal1 correct the conditioD
which reawn,d in the requirement for ilnmtdiate payment in:fWL Foredolure COIt8 and lCISonable aDd customary attomeya' fees
and CXJ2enses properly associatM witb a fcnclosare procoediDg aba1l be lidded to the principal balauce. Upon reiDslatement by
Borrower, this Security IDatnament and ~ht obUptioas that it secures sbaII Rm&i1 in effect as if Lcuder lIad DOt mquired
inunediate paymool ill fWL HOweYtr. Lender is not zequinx1 to permit tna~ If (i) Lender baa accepted reiDatalement
after the commencemcot of foreelO8UfC. proetedinp witbiD two (2) )'WI Jmmediately proceediDg the COIIDD8uccment or a
cutreDt fo=1osuro proceeding, (ill rebtCemmr wilf precblc inc108um on di1rcreDt JIUUIldi in the ~ or (di)
mostatement will adveDely affi:ce the priority ofthe Security InsEn1mellt.
(b) Tu Deferral PnenDlS. 80rJvwer shall DOt padlcipate in 8 real CICde tax defeIral program, if any 1imIa crcaIed by Ihe
tax deferral aro not subotdinate to Ibis Scwri1y IDsIIUmeIIt.
(c) PrIor Lte.n.. Bcmower sba11 promptly dilcharp any Dca whidl bu prio.ril¥ over this SecUrity IDatrumtDC uuloss
Bozrower: (8) apes in writing to lhc payDlCIIIt of the obliptioa seemed by the Iica in a JJJ8IIIIeC acceptablo to Lenclor; (b)
COllle$tl ill load faidJ the lien by, or defcuds "-t ~ of tho IieIl fa. Iepl proooediap wbJcb fa Ihe 1.eDdcn
opiniol1 operue to prevent tho ea.fo.rcem.em of tII'ltm ,nut~fro' of Iny part oftho Property; or (c) IeoureI &om the hoidar'
of the lien aD apeement ntisfaetory to LcDk:r 1UbcmJiDaling. tho Bca 10 aU amo1ZDII secund by Ibis Security JDIdnUnalt. If
Lender clete:rmiDes that any pan or Ifle Property is subject to alien which may aaam priority over Ibis Security InatnJmenC,
Lender may pvc Bonowe.r a DOti~ ~g die lien. Bouower abaII aatiafy the lien or take OM 01' mo~ ottbe actions act
forth above within ten (10) days oflac sfviDI·ofDOtice.
13. RelaUoalhlp. to I1nt security iutruaae& .
C.> Secoad SecaI'Ity Iastrumeut. In 0RI0t to .ewte paymontB whfah the Secrctmy may make to or on behalf ofBorrowcr
purs~t 10 Sectioll2S5(i)(1)(A) ottbe Natioaal HousiDg Agt IUd the Loen Agrccimeat. the Secretary ba required BoDOwer
to execute a Seoond Note BDd Chis SCcoDd Security ~ I D 1 Bonower has aJso executed a Pint Note and Fi.llt Sccuri1y
InstnuuDL
(b) aelaCloDShlp 01 J1nt madyt~d fces laltnulleatl. PaymanIIlhado by abe SccreI8IY iban Dot be iao1uded in the
debt under tho Fint Note ualess:
(i) no
Fhat Security Instrument fa usipcd to the Secretary; or
(iil The ~ S accepts re'.mbuacment by tho holder ofth:e FhltNom Cor aU payments made by the Secretary.
r.'
If tho secnatBwri~ debj~ in (i) or (u) occur, the2l all payments by the Socrebuy, mcWdiDg interest OD the payJDenls but
excluding latu c&araea pald by the J ~ S than be included in the dClbt und« tho Firat Note. '
(e) Effect OD Borrower, Where 1hero i',rio assJgDmeDt or reimbunement 88 clesafbcd in (b)(i) or (U) and the Secretluy makes
paymeurs to Borrower, then BOIrOwer fha1lllOt: .
(i) Bo required to pay amOums owed UDder the F"1l1Jt Note, or pay any nmtIlDd reveuues of the Property 11IIder
Pmgraph 19 ro tho holder or the FJIIt NolO or a receiver of Ihe Property. until the Secretary .... requked payment
in fillJ of aU oulJlaDdiD,principal ad acemed mterest UDder Ibe 8econd Note; at
(li) Bo obligated to pay Interest or shared appreciation UDd« the Pint Note at any tUne. whether accrued beCore or
after tho payments by the Secrotuy. md wh01her or not accnzed interest lw been inoluded in the pri.Dcipal bafanco
under the Y'U'St Note.
(d) No Duty 01 the Secretal7- Tho ~ S has DO duty to the holder oftbc altho First NOlO 10 eoforce covenants oltbe
Seeoud SecuriCy InstnuDalt or ~ ta.1ce·aetioos JD pzeserve the valuo ol1be Property, even though 1be holder of tho Fait Noto
may be unable to a»llect amounts de'~ under the Fiht Note baoause ofrestric:tiODS in this P8I8p'8Pb 13.
(e) ReltrletloaJ OR Earorcaueat Notwithstanding my1hJng else in chis Security Instnuneot, abe Borrower shall not be
obJigacm to comply wich tbe covenaall hereof; and Pampph 19 IhaJl havo DO throe ud effect. wbeDever there iI no
oUlBfandiag CD8~ab wulet tho Second ~oN
14. Forbeannce b)' Lender Nol a Waiver. Any CorbearaDce by Lender in ClerciJiaa any ript or muedy abaJ1 DOt be. waiver
ofor precJudo the exercise of any dght or . y ~
15. Successor. ad Aalgal BouDd; JolDt and SmraI LlabiDty. Borrower may not assign any rigbD or obl1gatjoos under
this Seourity IDstrumeot or UDder tho Sccoad No.. cacept 10 • tnut that meats Ibo reqairemonta of the SecrctBry. Boncwetl
C()VID8Ids and 8J[CCl111eDIB 8baU bo joint ud acwraJ.
16. Notices. AJJy nolice to rewo r ~ provided for in tbiI Sewrity IastrumenlIhaD bo givCD by doIm:riD& it or by maiJiDs it by
first class mail unless appUcablo law Rquita use at uother motbo<L The notice abaU be directed to .tho Property Address or auy
odler addresl 111 Borroweil jointly deaiinate. AIry Dotice co th" SecreIaiy Iba1l be giwu by thsr class mail to lbo BUD fiold
Office with jwisdicdcn Ova' the Property or my other addreaa designated by the Secreta1y. Any nodco provided for in Ibis
Secwity IasbUmem sball be deemed to have becm p,.
Eo Borrower or Lf.Ddcs"whGD giva;laa provided in thi! PaJasmpb J6.
J1. GoverofD, Law; SeverabIlity, yliruc S'~ laBbUme.nllhaU be govaned by Focferallaw and the Jaw ofthejurildictfOll ill
which the Property ia localld. ID Ibe t~Vc that aay proris_ .~ clause ofthis Security IDsirmnenI or tho Sceond Nate coDftJctl
with appUcable law, such CODfllct .hall not affect a1bet provlslOJiI.. of this ~ S
W IastrumeDt or the Scooacl Hole wbicIJ CIUI be
given effect without the conflicting pnMsion. To this .ij die proVisiCJIII of d1ls Security lDstIumeDt and the Second Note are
declared 10 be ,everable. .
18. Borrower', Copy- Borrower ahalJ bo given ODD coDfonned copy of the 5ec:oAd Note and dUB Seeurity IIUUIUlDODt
19. AsligIllDIIlt of RenI8. Borrower 1UlC01IdidoaaUy aseipa and 1raDJ{8l'8 to Lender aU the _ .d nweaues ollhe Property.
Bonowcr authorizes LcDdcr ~ Lendcr'8 aputs to collect the rcata and rovenues aad baeby dlroetI each tcruot ottbo Property to
pay tho ICDts o~ Lender or Lender's asemi. Ho'WCYeI', plior to Lendcr'. Notico to Bonowor or BOJI'Owa'a bNacb ot 8 ' covcnaDt
or agreement in the Security Inatrmneftt. Boaower abaJl collect aDd Reom, a1Il'11ds 8Dd NVCOUOS of the Propa1¥ II trusteO for
or
the benefit of Leader and Borrowor. This aaigmncnt rents constilUla aD absolute uaiglimea.r and DOt an asBigomcot for
additional ,eewity only.
4 If 4nder gives notice of breiu:h to Bonower: (8) an R:Ilta rcceiwd by Borrower shall be held by Bonuwer as trustoe for benefit
ofLcnder ontr. to be applied to tile 8DIDS secured by this 8eourity InstIumem; (b) Leoda' IhalI be entitled to colloet and l'OCeivo
aU of the renlJ oftbe Property; and (e) f1Bch tenant ollbo Proparty thall pay all ta1I8 due and tmpaid to Lender' or Leader's agent
on Le.ndcta wrinon domaDd to tho tDDant
Borrower has Dol executed any prior easlgnmcnt of the lalla IUd has Dot and wiU not pcrfoJm any act Ihat would pJeYeDt Lender
tiom gniscr~ it! righes UDder this Paragraph 19, Clccpt II provided ill 1he First Security IuCnuncDl
Lender sbaU DOt be required CO entar upo~ tab control of or maiDtaJn the P:ropcJty bef'ore or after givml DOdce of breach to
Bonower. HOWDVCfI Lender or • jud1~y appointed I1CCivcir'may do 80 at Ill)' tiDm there ia I broach. /uJy application ofrentl
shaD not cure or waive any default or invalidate any other rfaht or remedy of Lender. This aaIpmeat ofRJltS of the Property
shall tenninato when the debt sccnuod by thl& Sceurily lusCnmleDt is pald in 1bI1.
20. Foredosure Proeedure. IfLendel" requlra immediate pqmeat III fall under .aralraph " Leader,lDa, foreclose thia
Security IOltrGlBent by JudJdaJ proceeding_ Leader IJuID be edOed to coiled aD upenlel JaetoTed III Punutnl tile
remedies provided Ia dais Pangrapb 20, bldudln., lJ.t DOl UJDlted to, raaoaable aItoml1.1 fees IDd colts or tltl.
etidmft.
2J. IJtn Priority. Tho fiaUamouut sewred by this Security lDstrumeat .bIll haw a Den priority aubonJiaaee oaly to the ftdl
amount secun:d by the PiDt Security lutIumeol
n. Adjustable Rate Jleature. Under.the Note. the fDitfaI 'blted iDteR:st rate ofTJaree ad '''100 pacem (3.660%) 'Which
se~ on tho uopaid principII balance {uTDitiai InCDmt Rate-? is subject to ch80geJ 81 deacn"ed below. When the interest tate
changes, the new actIusted intaat rate Will be appUed to the fQtal ouestaadiDg priacipaI beIaoce. Bach Idj1l8bDellt to 1he inea.t
("Indcx")plus a Ill"
rate will be bued upon tho weekly average yield em lJDited States "Inasmy Securid. adjulted to 8 CODSbUIllJl8QJrity ofone year
TIle lDda Js published In the Pcdaa1 Reaervo Bulletin IUd made awilable by tile UDiIecl scacaa Treasury
Department io Statistical Release c}9l~(SI.H If tho Iaax 11 DO longer avaifable. Leader wiD be ~ CD use .y to.
prescribed by the DeparbneDt of Housing and Urban Developtnellt 'Ibo IUJW IDdex will have • bistDriclJ DlDvement
substantiaUy similar to the origiual iDdt«, and tho new iDda and margi!l will RIIUIt in III annual pen:eDtap me that is
substantially similar to che rate iD effect at dle time tho orlp.at index becom. unavailable.
Lender will per1bnn the calculations dosenoed bolow to decenuiDe the 11ft' adjusted intel'elt rate. Tho interest rate may change
on SepteadJer 1, 2008, and on the first day of _ aDd on dill day of eadt u:ceeding year, or X.... the tint day of each
succeecUq month (CbIllP Date) unlil tho loan is repaid ia iuD.
Tho value of tho Ind«c will be derennined, using die DJOItrecent1Ddcct figuro available thirty (30) daya bo1bro the Camp Date
("Cuneo! Index R). Before each Change Date, Ibe'new interest.rato will be ~ J a c 'by addina a margin to the Cumat Index.
The BUIll of the margin plus tbe Cumnt lade. wID be called tho. uCalculaCed Intarat RateR for each Clange Dale. The
Calculated IDterest Rate wU1 be compared to the ~ni rate m. .cffecl immediately prior to the cuneat Change Dare (the
misting In.erest Rate). .,. ..
Alana'" AdJUltiDl V.,.Jable RaR J'utllr.· The iDtercat nte will DOVer inorease or decrease by more
than two pen:cDtase pplnta (2.0%) em aay lingle Change nat8. The mtl!:rest rate wfU never· be more thaD
five percentage points (S.G-h) hJaber or lower thim the fDfdII iaterast rate stated in Paograph 2 of this
Note.
~ MOiltJaly Adjusting Variable Baja feature • The CaJcuIated Inteteat Rate will Dever 1acr80 abovo
13."CIYo.
The dc18d~ Interest Rate wiD ba acti.usted ifaeceasary 10 oompJy with the rete limitation(s) dcscdbed above IUd wID be in
effect until lIle next CbaDge Dete. At any ch.... _ if the Calculated Interest Rate ~qe .the BxfstiDg Interest Rata. Cbo
intorest rate will Dot chanp.
(~'
23: JleJ- Upon PaYment of all sums secured by tlris Security Instrument, Lender shaD release this Security Instnunent
• With~ charge to BOlTOWer. Borrower shaD pay any recordation costs.
24. AttorDt)'I' Fees. As used in thfs Security Instrument and the ~ "attorneytf fees" shall include any attomcyJ' fi:cs
awarded by an appellate court.
25. RIder. to this Security JnatrDmeut. If one « more ridal are executed by Bonower and teCORfod together with this
Security lnstnm1cnt, the covenants and stoe~. of each such rider .ball be inCOl'p(X1lcad into uxI shaJ1 .memtand supplement
the covenants and agreements ot this Security Ins1nlment as if tile rlder(a) were • part of this Security Instrumatt. [Check aU
riders that are applicable].
SignaGDe:
J. DSTEE
eM.
STATE OP FLORIDA
::r"Je dtl'4 . by Petldope M. GU1eIple lid Peaelope M. GlDespie. Trustee, 'Mark GIllespie. ~surT
NeD J. Gmcsplt. Trustee. who is peaona!ly known to me; whO ~ produced
• ":'-> ..
'·~- " :_- =~ I.;K ~ / W .! :I& ~J'4z n:d _u·.identification and who did (did not) take an oeth.
~ _/2/
~ Notary Publlc
Name: RICHARD T. KWIATKOWSKI
~(jI-zLF
1~P .~
.:.
~ If 4nder gives notice of ~ to Borrower: (a) iU rents receiYCd by .Borrower Bha1I bo held by Bonower as txuatoe Cor benefit
ofLender only, to be appUed to the sams secured by this Security IDstrumeaI; (b) Leada' shall be catiUed to collcct and 1"CC'eivo
aU oftbe rents of the Property; and ee) each tenant alibI' Propany IhaU pay .11 rcnI8 due and uupajd to ~ or Lwlor'8 agent
on Lendatl written demand to tho tmumt
Bonower has nol ~exo my prior as1gmncat of1hc reula and has Jlot IDd win not pcrfonn Ill)' act that would prevent Lender
from exercising ita rlghta UDder thia Paragraph 19, Clccpt II provided ill 1he Pint Security IulnJmeDl
Lender shaD DOt be required CO GdI:t ~ take control of or mabl1liD tho Property before or afier givlag aotice of blaCh to
Bonowct, Howovcr. Lender or. judicially appoiDted receiver may do 10 at any tbne there iI • breach. Arry appliQtion of renrs
.hall not cure or waive any default or invalidate IDy other riaht or remedy ofLeador. This aaalBJ]D18nt of nmll ot the Property
shaJ1 terminate wham the debt sooured by thi8 Security Instrummd is paid in llill.
20. Poredosort Procedure. U Lender reqlIIra immediate paJIDeDt ~ full under Paragrapll " Leader ,may foreclose thia
Security Instrument by judlcl1l1 pruceedhll. bader aIudI be eatltled to coloct all Gpuaa lneurred In panlllng tile
remecUes pnnrlded la dais Paragrapll 20. IndUdiDg, bat nOC limited to, l'eIIOaable attorneys' fees lad colts of title
evidence.
2J. !Jen Priority. The faD amouot seand by Ibis Security IDatrumcot ahaI1 avo a Hen pdority subodoate only to tho ftdJ
amount secured by the PiJJC Security IDItrumenL
12. Adjustable Rate Peatare. Undei .the Note. the iDicia1 stated interesC rate of TJaree ad G6I100 percent (3.6W,4) which
8CCnJe8 OD tho unpaid principal baJaDce ("TJUtiaI JDtarest Rate") Is IUbject to ~ c u desclibed below, WheD 1110 iDtcrelt rate
Ghang8s. the Dew adjusted interest mre ~ be applied to the totaloutalladiaa principal baJance. Each adjuatmeDt to the' interest
tate wiD be based upon d1c weeki)' ."erap yield on United StItes Tteasury SocuridOll Mijultcd to a CODSbUIt maturity ofone year
l'Indcx")pJus a margin. The Iadex is published ill the Federal Reserve Bulletin and made available by ~ U.aited Staces TRIIUI'y
Depattmeot ill Slatistical Rcleaso H.JS(Sl9). If the Iadex is DO loDger available, Leader win be n=quinMI to UIe IJIY iada.
pracribed by the Department of Housiq aDd Urban Developm_ The 1l8W index will have a bistorio81 movement
substandal1y similar to the origiDal index, and the new Index and margin will MIU1t In an 8DDU8l percentage rate that is
substantially limJI8I' to the rate fa efrect at the time tho originallDdex becotDel unavailablo.
Lender will perform the ~ dcsen'bed below to doIetmiDa the DOW adjusted iDta'est ate.. The laterest rate may cbanp
on September 1, 2088, IUd on the tint day of _ and aD Ibat day of each aucecedJng year, or --X..- tho first day ofeach
succeediD. month (Chmgo Date) until the loan is repaid In tulle
The value ofthe Indel will be detenniaed, using the D1DIt rcceut 1Ddax figuR= available thirty (30) days before 1bo Olan. Date
C'CuaenllDdexl ?- Before each Cbange Date, tho'DOW iDterell rate wiD be ~ -by adding a mmgIn to the CumDt Index.
The sum of the margin plus tho CUmat IDdex wiD be caUed the. "Calculated Interest Rate" tor each Chaop Date. The
CalcuJated Interest Rate wUl be compamd 10 the t~ni rat8 tcerf~,nI· immediatoly prior to tho cunont Chaop Date (the
IfExistiDg Interest Rate). ..
AnnuaDr AdJatilil Variable Rate Feature -Tho inten:It. rate wm Dever inorease or decrease by more
than two pen:eDIRBe ~lnta (2.0%) ou any aJnale Change Dale. The iDteftIt rate will never be more dum
five perceDtap l'Oiatl (S.O%) higher or lower IbiD abe inftiaI iaterat lite lilted in Pangraph 2 of this
Note..
Montl1ly AdJusdag Variable Rate Feature • 1be CI1co1ated 1Dtere8t Rate will Dever iDcaase abovo
13.660%.
The CalcuWed Interest Rate will bo ~f4a ifoece&UJ)' to comply with the rate Ibnltadon(8) dcscrlbcd above and will bo ill
effect until1he next ChaDg8 Date. At any ohaago dale. if the Calculated Interest Rate equals .tho Bxistin& Inlerat Rata. tIla
intorest rate will DOt cbange.
'li. ;Rolease. Upon paYment of all sums aecured by t'his Seourlty Instnuneot; Lender ahall Rlease this Security Instnlmcnl
, With~ charge to Barrower. tJorrowc:r shall pay any recordation costs.
24. Attorneys' Fees. As used jn IhiI Security !nstnwent and 1M ~o attorneysl fees" .hall mcJudc any attomeys' lees
aW8tded by an appellate court
2S. Riders to Chis Security Instrumel!t. If one or ~ ridtn IJ'e executed by liJomiWa' and teCOIded· together with this
Security Instrument. the covenants and qreemeota of eadJ BUd1 rider aball be incorporaced into end shall.mend and supplement
the covenants and agreements ot thiI Security InItntment as if the rider(s) wme a part oftbts Security 1n1tTUlnant. [Check all
riders that are applicable).
f,fn
=-( xIt -rGdiRe.~·- mui; !cerp·-.7~: h . . . . .Rider-
. .
• RICHARD T. IC SWOKT~
~S.A
:orutangi~
MARK GILLBSrIB. TllUSTEE
STATE OF FLOllIDA
Cilb~
Name: -~;. : ;. : RlCHAfIl T. KWIATKOWSki
_ _ _ . .
(.'
23. Release. Upon payment of all· sums secured by this Security Instrument, Lender shall release this Security Instrument
without charge to Borrower. Bonower shall pay any recordation costs.
14. Attorneys' Fees. As used in this Secmity Inslrument and the Note, "attorneys' fees'. shan include any attorneys· fees
awarded by an appellate . ~
15. RIders to tbls Security IDllrumellt. If one or more riders are executed by Borrower and recorded together with this
Security Ins1rument, -the covenants and agreements ofeach h~ls 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 hutrument. (Check all
riders that arc applicable].
ICondominium Rider
Shared Appreciation Rider
. I:Ridcr
BY SIGNING BELOW, Borrower accepts and agrees to the tams and covenants contained in this Security Instrument and in
'any rider(s) executed wer ~na lied with it.
Witnesses:
SignaturD:
~}'L;<~
PENELOPE M. GILLESPIE, TRUSTEE MARK G PIE, TR STEE
k~ 1I: ~Y.ZV - ~
Name:
'tit
~5d7-bJ/P
-4~ t
r~/m
FLzMMortpp
Pop 7
, ,
EXHIBIT A
BxhibiC A to tho Mortaas0 given on Jane O!. 2008, by Penelope M. Gmuple, NeG 1. GDlesple aad Mark GJDesple, u Co-
Trulteea of Tho Gillespie JlamDy Uvlul 'rrGIt Acreemenl dated Pebraary 10, :19,., ("Borrowos-) to tho Seortrary of
Boutin, aud 0. . DevelopJant, and whole address fa 1~4 Seventh Street. S.W.. Wallington. D.C. 20410, ~ueL' ( or
"Secretuy"). nc Property fa located In tho c:ounty otMulon. sllto ofn,. dacn'bed IS foJ1oWl:
Dcse.ripdoa ofProperty
Legal Doscripdon attached hereto as -&hibit A' IDd by thil refacnce made a put h ~ £
• • w_
LOT(S) 1, BLOCK G, OAK RUN WOODBIDB ~rcABT ACCORDING TO THE PLAT.
THEREOF AS RECORDED IN PLAT BOOK 2 AT PAGE(S) 106 THROUGH 112,
INCLUSIVE, OF THE PVBLIC RECORDS OFMAlUON COUNTY, FLORIDA.
--- -- -~._-.-------- -----
..
.':'0 ....
I.·• •
I.·
··f
PLANNED UNIT DEVELOPMENT RIDER
FHA Case Numlier: 091-440.57411952-155 Loan Number: 3'100
TInS PLANNED UNIT DBVBLOPMFNr RIDER is made on June 05, 2008, and Is iucotporIlCd into ad shaJ1 be
deemed to amend and supplement !to Mortgage. Deed otTrust or Security Deed (tha -security Jastzumomu or "Second
Security Instrumcut") of the same date &fWD by the undersigned (ClBOD'Owcr-) to sccuro Bmrowefl SocoDd Note to the
Secretary ofHoUBing arxI Urhan Development )"ledn L~ oftbo ,ame date 8Dd covering the Propen, desa1Dcd in tho
Security IDstnunent aud lacared at
8092 BW IJ5dl LGop, Ocala, FL 184~
The Property is a part ofa planned unit daveJopmc:nt (POD) .IaIown as:
OAICRDN
PUD COVENANTS. III additfob to thee coveaanfl da~ qrCtlJleaQ aaade In the Security IDItrum_t, BOIT w~r
and Leader furtber covenant and Bcne u roll...:
A. So long IS the ' ~ Asrodaticm (or cquivaleot cmtity boldlnl title to COIbJnQD .reu aad :&cilidcs., acting u
mem_
trustee for d!e hOtDCOWI1Cl'S,' wirb a .enemlly ace_ iDluraDco carrier. a ~r" or ~tcknaJb"
policy iasuriDs tho'pmperty located in tho PUD. bludins an impmvementl now existina or hc:rea1ta' CIlJCted
on tho'mortgaged prem.iscs.1Ild suab policy Js satiafactory to Lcodcr and pro\ridcs in8uraJ1ce oowralO in Chc
amounts. for die periods. and against tile hazarda LcIIder ad the SecrctsIy tt.qUire, iocluding fire and other
bmnis tDcludt:d with1D mret'~ lIezteaded coverap," and &au by flood. to tho extent required by the
SecrefllY, dleD: (I) Lender ,t'aJves thIS provtilon in Paraarapb 2 of this Seaurity JnsIrmnttd Cor die paymeut or
the premium for hazard e c ~ OD the Property, and (Ii) BonoYiOl'. obliptiOD under P8I1l1J'1ph 3 01 this
· Seasrlty fDstJumem to maintain IuIzard fDsurance on the PmpCE1)i is deemed satisfted to die exfeDt thai die
requind cowngc ia provided by tile Owners' AssociadOD polley. Borrower ahaU give LencJer prompt nodce
ormy IapIO ill reqai.nKl hazad ia8urulec coverage Bad of any rOIl oa:urdu, from I hazard. In dlo event ot.
diSU1lJution ofhuant iDaura.ace praoeeda in Hen ofratDratiOlJ or repairfoUowing a loa to abe Property or to
common areas aDd 1id1itias olthe PUn, aay pxoceeds payabJlS to Boaower ~ hereby asaiped and shaD be
paid to Lander for application to the IUmI secured by this Security IDSlrGmCDt. with any CIXCe8S peJd to the
entity legally eDdtlod Cbereto.
B. Borrower pnxnises to pay 3!1' dues and llleumema Jmposed t ~ to the 10111 iDab'umeD18 cradDg IUd
8l i~Ol tho PUD.
C. If Borrower does not pay POD dues and useasmeotB when due. thea Lender may PlY Ihem. Al1y amoun'!
disburaed by Lender UDder ~ paagraph CIhall become additioDa1 debt e:tfBOlTOwet ~ e I by dze Security.
Jnstrament. Unless ~ o B IIld Leada- agree to olber terms ofpayment, these amOUDIS Ihall ball' interest
fi'om tho date ot dilbw$emcnt It 1110 Noto ndo U~'dna be payable. with mterat, upGD aodco from LoIldor to
BOII01NI' requosdnJ ~ , " ~"w
BY SIGNING BELOW, Borro\vet acCepts and agrees to tile tem1a ad provilfoDs coataJned fa tbiI PUD Rider.
'aplatl
...
PLANNED UNIT DEVELOPMENT RIDER
FHA Case Number: 091-4405141/952-255 Loan Number: 39100
TIllS PLANNED UNIT DBVELOPMBNT RlDBR is made on Iune OS. 2008, and is incorporated into and shaH be
deemed to amend BOd aupplemi;nt the Mortgage, Deed o(Trust or Security Deed (the "Security ~nemurtsnl or ·Second
Security Instrumcut-) of the same date given by tho undersigned C'Borrower} to secure Borrower's dno~S Note to abe
Secretary of Housing and Urbau Development (trteDdertl) of the Same date and coveriDg the Property described in the
Security Instrument and located It:
8091 SW 115th Loop, Ocala, IlL 34481
The Property is a part of a planned unit development (PUD) known as;
OAK RUN
POO COVENANTS. In addttloD to thee coyeo••tlaad lareementl ...de 111 the Security IaltruDlCllt, Borrower
aDd Lader turtber covenaat Ind -poet u folio..:
A. So IODg u the Owners' Association (or equivalcut cotity holding tide to C()rnJDQn areu and facilities, acting IS
trustee for the bomeowncn. maintain&. with a generally accepted Uuimmce carrier, a "maatcr" or -'blanket"
policy insuring the property located fD tho POD. including BIJ improvements now existing or hereafter erected
on the mortgaged pn:miacs, and such policy is satisfactory to LeDder and provides insurance coverage in the
amounts. for ~bt periods, aDd apimt the ha2ards Lender IJId the SeCretary requite, including fire and other
hazards included within the term "extended eovaagc," and Iosa by flood, to the extent deri~ by the
Secretaryt then: (i) Lender waivea the proviiioD in Paragraph 2 ot this Security mstrument for tbe payment of
the premium for bazard i;JSUl1U1CC on the Propeny. and (ii) Bonowcr's obligation ullder Parqraph 3 of this
Security lDstrumeut to rnaintaiD hazard insurance on the Propmy iI deemed satilfied to the extmIt that the
required coven., ia provided by the Owners' Association policy. Borrower 'hall give Lender prompt notice
of any lapse in required hazard iDsumnce coverage and of any 10ss occurring from • hazard. In the event of a
distribution of hazard inSUl"lDCe proceeds in lieu ofreatoratioa or mpair following a 1011 to tho Property or to
common areas and ticilities of the '00. any proceeds payable to Bonower arc hereby UlilDcd arid slll.U be
paid to Lender for application to the 8UD18 secured by this Security InJtrwncnt. with any, excess paid to the
entity legally entitled thereto.
B. Borrower promises to pay all dues and assessments imposed pursuant to the lelal instruments creating 8I1d
governing the PUD.
c. If Borrower does dOt pay PUD dues and ~ ... when due, then Leader may pay them. Any amourJl!
disbursed by Lender under this paragraph ,C shall cmo~b additional debt ofBorrower lJCeurad by the Security
Instrument. Unless Borrower and Lender 'igree to o#Jcr. tams or payment, these amountl shall bear interest
ftom the date ofdisburscmeot at the Note 13k: and shall be payable. witb iD~ upon nctice fi'om Lender Ie
BOJTOwer requestiDa payment.
BY SIGNING BELOW. Borrower accepts and agrees to the terms and proviaions contained in dds PUD Rider.
.1111Ii111111
U45842863-14HF11
mia'
'aBC 1 aCI MORTGAGE .
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The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
Thank you for your recent email correspondence. The above-named matter remains assigned to
the Seventeenth Judicial Circuit Unlicensed Practice of Law Committee “A” for further
investigation and resolution. You will be notified of the final disposition of this matter.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
DOC000.pdf
Ali (sp) I thought it might help put things in perspective to send Marty Stone’s three month fall schedule.
As you can see he is only in the Ft. Lauderdale office 6 days in the three month period September-
November. That said-I am working on October 14-15 for the interview we discussed. How does that work
generally for you and Andrew? Thanks and thanks again for sharing your e-mail!
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding
Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail
communications may therefore be subject to public disclosure.
Received Fri 09/27/2019 9:38AM
From Vazquez, Algeisa
Subject UPL Investigation of Marty Stone File No. 20191041(17A)
To Davidson, Barry
cc Andrew Dunkiel
bcc
Mr. Davidson,
Thank you for your email yesterday. I suspect we may not yet have the Committee’s approval to proceed in this
fashion by mid-October. Once we have the Committee’s approval, we will contact you to identify a mutually
agreeable date when you and your client will be available to meet in person with us. Thank you for your
understanding.
Thanks Ali
From: Vazquez, Algeisa <AVazquez@floridabar.org>
Sent: Friday, October 25, 2019 10:47 AM
To: Davidson, Barry <bdavidson@hunton.com>
Subject: RE: McCalla-Marty Stone
Barry,
Thank you and have a safe and productive trip abroad. The Committee has not yet decided how to proceed. We
will be back in touch with you as soon as the decision it finalized and then we will begin coordinating the meeting
we discussed.
HI-I will be out of the country from this Saturday through November 8-I will not be out of touch but responses and
coordinating things could be difficult-thanks for your courtesy.
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
Received Tue 11/19/2019 3:17PM
From Andrew Dunkiel
Subject Re: UPL Investigation of Marty Stone, File No. 20191041(17A)
To Davidson, Barry
cc Vazquez, Algeisa
bcc
Andrew?
Good Morning,
I would prefer we meet anytime except Thursday afternoons. Otherwise, generally I am open to meet.
Thank you,
Working on dates-generally are there days of the week that are better for you and Andrew? Like Thursday or Friday as
opposed to Monday?
Mr. Davidson,
The Committee authorized an informal meeting with you and your client. Please let us know when you and your client can
meet with us in person. Thank you for your patience. We look forward to hearing from you.
Algeisa "Ali" Vazquez
www.floridabar.org
Please note: Florida has very broad public records laws. Many written communications to or from The Florida
Bar regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
Received Mon 11/18/2019 4:24PM
From Davidson, Barry
Subject Re: UPL Investigation of Marty Stone, File No. 20191041(17A)
To Vazquez, Algeisa
cc Andrew Dunkiel; Kinishi, Diane
bcc
Barry Davidson
Hunton Andrews Kurth LLP - Miami
(305)810-2539
Mr. Davidson,
The Committee authorized an informal meeting with you and your client. Please let us know when you and your client can
meet with us in person. Thank you for your patience. We look forward to hearing from you.
________________________________
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding
Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail
communications may therefore be subject to public disclosure.
Received Mon 11/25/2019 2:19PM
From Davidson, Barry
Subject RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
To Vazquez, Algeisa
cc
bcc
Good for them and have a great party! December is bad primarily because of me-Marty will have dates in January and I will
reach out now and I have far fewer conflicts in January-Have a wonderful Thanksgiving
-----Original Message-----
From: Vazquez, Algeisa
Sent: Monday, November 25, 2019 2:00 PM
To: Davidson, Barry
Cc: Andrew Dunkiel
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Mr. Davidson,
I regret that in the interim, staff scheduled our office-wide holiday luncheon on that same date and time. Do you and your
client have a second option?
-----Original Message-----
From: Davidson, Barry
Sent: Monday, November 25, 2019 1:57 PM
To: Vazquez, Algeisa
Cc: Andrew Dunkiel
Subject: Re: UPL Investigation of Marty Stone, File No. 20191041(17A)
Barry Davidson
Hunton Andrews Kurth LLP - Miami
(305)810-2539
Good Morning,
I would prefer we meet anytime except Thursday afternoons. Otherwise, generally I am open to meet.
Thank you,
Algeisa "Ali" Vazquez
Branch UPL Counsel
The Florida Bar
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Tel. (954) 835-0233 ext. 4148
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.floridabar.org&d=DwIGaQ&c=jxhwBfk-
KSV6FFIot0PGng&r=jEn9Nj1_CuV3d3JOP5Sag3YjKkMM4scYWZ3HG6V9vgM&m=mPtH7wKoq_HTdcfJG_OnFRhfoX
JaKajC7489QpX9v7I&s=OWXO8l73IJ2wiDD-c-9A8p_NDWHEo9a8XByRurH7LUg&e=
Working on dates-generally are there days of the week that are better for you and Andrew? Like Thursday or Friday as
opposed to Monday?
Mr. Davidson,
The Committee authorized an informal meeting with you and your client. Please let us know when you and your client can
meet with us in person. Thank you for your patience. We look forward to hearing from you.
I have a child on the way and therefore I am not going to be available from mid January until the beginning of March.
-----Original Message-----
From: Vazquez, Algeisa <AVazquez@floridabar.org>
Sent: Monday, November 25, 2019 2:00 PM
To: Davidson, Barry <bdavidson@hunton.com>
Cc: Andrew Dunkiel <adunkiel@gmail.com>
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Mr. Davidson,
I regret that in the interim, staff scheduled our office-wide holiday luncheon on that same date and time. Do you and your
client have a second option?
-----Original Message-----
From: Davidson, Barry <bdavidson@hunton.com>
Sent: Monday, November 25, 2019 1:57 PM
To: Vazquez, Algeisa <AVazquez@floridabar.org>
Cc: Andrew Dunkiel <adunkiel@gmail.com>
Subject: Re: UPL Investigation of Marty Stone, File No. 20191041(17A)
Barry Davidson
Hunton Andrews Kurth LLP - Miami
(305)810-2539
?
Good Morning,
I would prefer we meet anytime except Thursday afternoons. Otherwise, generally I am open to meet.
Thank you,
<image001.jpg>
Working on dates-generally are there days of the week that are better for you and Andrew? Like Thursday or Friday as
opposed to Monday?
Mr. Davidson,
The Committee authorized an informal meeting with you and your client. Please let us know when you and your client can
meet with us in person. Thank you for your patience. We look forward to hearing from you.
<image001.jpg>
________________________________
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-
mail communications may therefore be subject to public disclosure.
-----Original Message-----
From: Vazquez, Algeisa <AVazquez@floridabar.org>
Sent: Monday, November 25, 2019 2:00 PM
To: Davidson, Barry <bdavidson@hunton.com>
Cc: Andrew Dunkiel <adunkiel@gmail.com>
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Mr. Davidson,
I regret that in the interim, staff scheduled our office-wide holiday luncheon on that same date and time. Do you and your
client have a second option?
-----Original Message-----
From: Davidson, Barry <bdavidson@hunton.com>
Sent: Monday, November 25, 2019 1:57 PM
To: Vazquez, Algeisa <AVazquez@floridabar.org>
Cc: Andrew Dunkiel <adunkiel@gmail.com>
Subject: Re: UPL Investigation of Marty Stone, File No. 20191041(17A)
Barry Davidson
Hunton Andrews Kurth LLP - Miami
(305)810-2539
?
Good Morning,
I would prefer we meet anytime except Thursday afternoons. Otherwise, generally I am open to meet.
Thank you,
<image001.jpg>
Working on dates-generally are there days of the week that are better for you and Andrew? Like Thursday or Friday as
opposed to Monday?
The Committee authorized an informal meeting with you and your client. Please let us know when you and your client can
meet with us in person. Thank you for your patience. We look forward to hearing from you.
<image001.jpg>
________________________________
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e-
mail communications may therefore be subject to public disclosure.
Received Wed 12/04/2019 10:39AM
From Davidson, Barry
Subject RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
To adunkiel@gmail.com; Vazquez, Algeisa
cc
bcc
I have checked this morning and January 3 is not available. There is some irony in the fact that Stone’s limited availability in
Ft Lauderdale is reflective of his firm wide responsibilities and the very limited amount of time he spends in Ft Lauderdale.
I do understand that the outcome of the February hearing may be a long way off and do not suggest that this matter abate
pending that outcome. If we schedule our meeting in March after Andrew becomes available we will have more flexibility
regarding dates. Standing by and thanks for the co-operation.
I currently am not available on January 3, but if we cannot find another date I will try to clear it.I have full
availability January 6-13
Mr. Davidson,
I agree the public hearing may be instructive and your clients may wish to participate in February. However, the
outcome of the hearing is uncertain. Even if the UPL Standing Committee recommends filing a formal advisory
opinion, it may be a year or more before the Florida Supreme Court issues the opinion. I am available Friday,
January 3rd.
-----Original Message-----
From: Davidson, Barry <bdavidson@hunton.com>
Sent: Tuesday, December 3, 2019 6:50 PM
To: Vazquez, Algeisa <AVazquez@floridabar.org>
Cc: adunkiel@gmail.com
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Importance: High
Congratulations to Andrew on the coming addition to the family. There is a slight possibility that we could meet
on January 3 but I cannot confirm now. I saw the article in the December Bar News on page 15 regarding UPL
issues regarding an out of state lawyer that is moving to Florida but wants to continue representing his out-of-
state clients and the fact that there will be a public hearing on this at the winter meeting in February. While this
matter is not identical to our situation it does raise some similar issues and the outcome could be instructive to
all of us. This may be a good reason to meet in March after Andrew is available. I will look forward to hearing
from you after the two of you consult. Regards Barry Davidson
-----Original Message-----
From: Vazquez, Algeisa <AVazquez@floridabar.org>
Sent: Tuesday, December 3, 2019 1:55 PM
To: Davidson, Barry <bdavidson@hunton.com>
Cc: adunkiel@gmail.com
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Thank you for the dates. You may have seen Andrew's email yesterday. I hope to see Andrew tomorrow. I'll get
back to you later in the week.
-----Original Message-----
From: Davidson, Barry <bdavidson@hunton.com>
Sent: Sunday, December 1, 2019 7:16 PM
To: Vazquez, Algeisa <AVazquez@floridabar.org>
Cc: adunkiel@gmail.com
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
-----Original Message-----
From: Vazquez, Algeisa <AVazquez@floridabar.org>
Sent: Monday, November 25, 2019 2:00 PM
To: Davidson, Barry <bdavidson@hunton.com>
Cc: Andrew Dunkiel <adunkiel@gmail.com>
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Mr. Davidson,
I regret that in the interim, staff scheduled our office-wide holiday luncheon on that same date and time. Do you
and your client have a second option?
-----Original Message-----
From: Davidson, Barry <bdavidson@hunton.com>
Sent: Monday, November 25, 2019 1:57 PM
To: Vazquez, Algeisa <AVazquez@floridabar.org>
Cc: Andrew Dunkiel <adunkiel@gmail.com>
Subject: Re: UPL Investigation of Marty Stone, File No. 20191041(17A)
How is December 16? Afternoon better for me-thanks
Barry Davidson
Hunton Andrews Kurth LLP - Miami
(305)810-2539
?
Good Morning,
I would prefer we meet anytime except Thursday afternoons. Otherwise, generally I am open to meet.
Thank you,
<image001.jpg>
Working on dates-generally are there days of the week that are better for you and Andrew? Like Thursday or
Friday as opposed to Monday?
Mr. Davidson,
The Committee authorized an informal meeting with you and your client. Please let us know when you and your
client can meet with us in person. Thank you for your patience. We look forward to hearing from you.
<image001.jpg>
________________________________
Please note: Florida has very broad public records laws. Many written communications to or from The Florida
Bar regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
Received Thu 12/12/2019 12:09PM
From Davidson, Barry
Subject RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
To Vazquez, Algeisa; adunkiel@gmail.com
cc
bcc
Great-will do
Mr. Davidson,
I am not available the first week in March, March 18, 14th and 26th. Andrew’s calendar is open. Please propose three dates so
we can finalize a meeting date.
Thank you.
I have checked this morning and January 3 is not available. There is some irony in the fact that Stone’s limited availability in
Ft Lauderdale is reflective of his firm wide responsibilities and the very limited amount of time he spends in Ft Lauderdale.
I do understand that the outcome of the February hearing may be a long way off and do not suggest that this matter abate
pending that outcome. If we schedule our meeting in March after Andrew becomes available we will have more flexibility
regarding dates. Standing by and thanks for the co-operation.
I currently am not available on January 3, but if we cannot find another date I will try to clear it.I have full
availability January 6-13
I agree the public hearing may be instructive and your clients may wish to participate in February. However, the
outcome of the hearing is uncertain. Even if the UPL Standing Committee recommends filing a formal advisory
opinion, it may be a year or more before the Florida Supreme Court issues the opinion. I am available Friday,
January 3rd.
-----Original Message-----
From: Davidson, Barry <bdavidson@hunton.com>
Sent: Tuesday, December 3, 2019 6:50 PM
To: Vazquez, Algeisa <AVazquez@floridabar.org>
Cc: adunkiel@gmail.com
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Importance: High
Congratulations to Andrew on the coming addition to the family. There is a slight possibility that we could meet
on January 3 but I cannot confirm now. I saw the article in the December Bar News on page 15 regarding UPL
issues regarding an out of state lawyer that is moving to Florida but wants to continue representing his out-of-
state clients and the fact that there will be a public hearing on this at the winter meeting in February. While this
matter is not identical to our situation it does raise some similar issues and the outcome could be instructive to
all of us. This may be a good reason to meet in March after Andrew is available. I will look forward to hearing
from you after the two of you consult. Regards Barry Davidson
-----Original Message-----
From: Vazquez, Algeisa <AVazquez@floridabar.org>
Sent: Tuesday, December 3, 2019 1:55 PM
To: Davidson, Barry <bdavidson@hunton.com>
Cc: adunkiel@gmail.com
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Thank you for the dates. You may have seen Andrew's email yesterday. I hope to see Andrew tomorrow. I'll get
back to you later in the week.
-----Original Message-----
From: Davidson, Barry <bdavidson@hunton.com>
Sent: Sunday, December 1, 2019 7:16 PM
To: Vazquez, Algeisa <AVazquez@floridabar.org>
Cc: adunkiel@gmail.com
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
-----Original Message-----
From: Vazquez, Algeisa <AVazquez@floridabar.org>
Sent: Monday, November 25, 2019 2:00 PM
To: Davidson, Barry <bdavidson@hunton.com>
Cc: Andrew Dunkiel <adunkiel@gmail.com>
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Mr. Davidson,
I regret that in the interim, staff scheduled our office-wide holiday luncheon on that same date and time. Do you
and your client have a second option?
-----Original Message-----
From: Davidson, Barry <bdavidson@hunton.com>
Sent: Monday, November 25, 2019 1:57 PM
To: Vazquez, Algeisa <AVazquez@floridabar.org>
Cc: Andrew Dunkiel <adunkiel@gmail.com>
Subject: Re: UPL Investigation of Marty Stone, File No. 20191041(17A)
Barry Davidson
Hunton Andrews Kurth LLP - Miami
(305)810-2539
?
Good Morning,
I would prefer we meet anytime except Thursday afternoons. Otherwise, generally I am open to meet.
Thank you,
<image001.jpg>
Working on dates-generally are there days of the week that are better for you and Andrew? Like Thursday or
Friday as opposed to Monday?
Mr. Davidson,
The Committee authorized an informal meeting with you and your client. Please let us know when you and your
client can meet with us in person. Thank you for your patience. We look forward to hearing from you.
<image001.jpg>
________________________________
Please note: Florida has very broad public records laws. Many written communications to or from The Florida
Bar regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
Received Tue 12/17/2019 9:53AM
From Vazquez, Algeisa
Subject RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
To Davidson, Barry; adunkiel@gmail.com
cc
bcc
Agreed.
30th would probably be better, but either day works for me.
Mr. Davidson,
I am not available the first week in March, March 18, 14th and 26th. Andrew’s calendar is open. Please propose three dates
so we can finalize a meeting date.
Thank you.
I have checked this morning and January 3 is not available. There is some irony in the fact that Stone’s limited availability
in Ft Lauderdale is reflective of his firm wide responsibilities and the very limited amount of time he spends in Ft
Lauderdale.
I do understand that the outcome of the February hearing may be a long way off and do not suggest that this matter abate
pending that outcome. If we schedule our meeting in March after Andrew becomes available we will have more flexibility
regarding dates. Standing by and thanks for the co-operation.
I currently am not available on January 3, but if we cannot find another date I will try to clear it.I have full
availability January 6-13
I agree the public hearing may be instructive and your clients may wish to participate in February. However,
the outcome of the hearing is uncertain. Even if the UPL Standing Committee recommends filing a formal
advisory opinion, it may be a year or more before the Florida Supreme Court issues the opinion. I am available
Friday, January 3rd.
-----Original Message-----
From: Davidson, Barry <bdavidson@hunton.com>
Sent: Tuesday, December 3, 2019 6:50 PM
To: Vazquez, Algeisa <AVazquez@floridabar.org>
Cc: adunkiel@gmail.com
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Importance: High
Congratulations to Andrew on the coming addition to the family. There is a slight possibility that we could
meet on January 3 but I cannot confirm now. I saw the article in the December Bar News on page 15 regarding
UPL issues regarding an out of state lawyer that is moving to Florida but wants to continue representing his
out-of-state clients and the fact that there will be a public hearing on this at the winter meeting in February.
While this matter is not identical to our situation it does raise some similar issues and the outcome could be
instructive to all of us. This may be a good reason to meet in March after Andrew is available. I will look
forward to hearing from you after the two of you consult. Regards Barry Davidson
-----Original Message-----
From: Vazquez, Algeisa <AVazquez@floridabar.org>
Sent: Tuesday, December 3, 2019 1:55 PM
To: Davidson, Barry <bdavidson@hunton.com>
Cc: adunkiel@gmail.com
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Thank you for the dates. You may have seen Andrew's email yesterday. I hope to see Andrew tomorrow. I'll
get back to you later in the week.
-----Original Message-----
From: Davidson, Barry <bdavidson@hunton.com>
Sent: Sunday, December 1, 2019 7:16 PM
To: Vazquez, Algeisa <AVazquez@floridabar.org>
Cc: adunkiel@gmail.com
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
-----Original Message-----
From: Vazquez, Algeisa <AVazquez@floridabar.org>
Sent: Monday, November 25, 2019 2:00 PM
To: Davidson, Barry <bdavidson@hunton.com>
Cc: Andrew Dunkiel <adunkiel@gmail.com>
Subject: RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
Mr. Davidson,
I regret that in the interim, staff scheduled our office-wide holiday luncheon on that same date and time. Do
you and your client have a second option?
-----Original Message-----
From: Davidson, Barry <bdavidson@hunton.com>
Sent: Monday, November 25, 2019 1:57 PM
To: Vazquez, Algeisa <AVazquez@floridabar.org>
Cc: Andrew Dunkiel <adunkiel@gmail.com>
Subject: Re: UPL Investigation of Marty Stone, File No. 20191041(17A)
Barry Davidson
Hunton Andrews Kurth LLP - Miami
(305)810-2539
?
Good Morning,
I would prefer we meet anytime except Thursday afternoons. Otherwise, generally I am open to meet.
Thank you,
<image001.jpg>
Working on dates-generally are there days of the week that are better for you and Andrew? Like Thursday or
Friday as opposed to Monday?
Mr. Davidson,
The Committee authorized an informal meeting with you and your client. Please let us know when you and
your client can meet with us in person. Thank you for your patience. We look forward to hearing from you.
<image001.jpg>
________________________________
Please note: Florida has very broad public records laws. Many written communications to or from The Florida
Bar regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
Received Tue 12/17/2019 9:55AM
From Vazquez, Algeisa
Subject UPL Investigation of Marty Stone, File No. 20191041(17A)
To Davidson, Barry; adunkiel@gmail.com
cc
bcc Ft Lauderdale Conference Room 1 - The Florida Bar Ft. Lauderdale
Please respond with a different time, if the above time does not work for you.
Received Tue 12/17/2019 12:19PM
From Vazquez, Algeisa
Subject UPL Investigation of Marty Stone, File No. 20191041(17A)
To Davidson, Barry; adunkiel@gmail.com
cc
bcc Ft Lauderdale Conference Room 1 - The Florida Bar Ft. Lauderdale
Please respond with a different time, if the above time does not work for you.
Received Tue 12/17/2019 12:18PM
From Davidson, Barry
Subject RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
To Vazquez, Algeisa; adunkiel@gmail.com
cc
bcc
Hi-I will driving up from Key Largo for the meeting so afternoon will really help with the traffic-how is 1 PM at your
offices? thanks
-----Original Appointment-----
From: Vazquez, Algeisa <AVazquez@floridabar.org>
Sent: Tuesday, December 17, 2019 9:55 AM
To: Davidson, Barry; adunkiel@gmail.com
Subject: UPL Investigation of Marty Stone, File No. 20191041(17A)
When: Monday, March 30, 2020 10:00 AM-12:00 PM (UTC-05:00) Eastern Time (US & Canada).
Where: Ft Lauderdale Conference Room 1 - The Florida Bar Ft. Lauderdale
Please respond with a different time, if the above time does not work for you.
________________________________
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon request.
Your e-mail communications may therefore be subject to public disclosure.
Received Tue 12/17/2019 12:30PM
From Davidson, Barry
Subject Accepted: UPL Investigation of Marty Stone, File No. 20191041(17A)
To Vazquez, Algeisa
cc
bcc
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding
Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail
communications may therefore be subject to public disclosure.
Received Tue 12/17/2019 12:33PM
From Susan Reid
Subject Accepted: FW: UPL Investigation of Marty Stone, File No. 20191041(17A)
To Vazquez, Algeisa
cc
bcc
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding
Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail
communications may therefore be subject to public disclosure.
Received Tue 12/17/2019 12:49PM
From adunkiel@gmail.com
Accepted: UPL Investigation of Marty Stone, File No. 20191041(17A) @ Mon Mar 30, 2020 1pm - 3pm (EDT)
Subject
(Vazquez, Algeisa)
To Vazquez, Algeisa
cc
bcc
invite.ics
Where Ft Lauderdale Conference Room 1 - The Florida Bar Ft. Lauderdale (map)
adunkiel@gmail.com - creator
•
• Davidson, Barry
Please respond with a different time, if the above time does not work for you.
________________________________
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding
Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail
communications may therefore be subject to public disclosure.
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding
Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail
communications may therefore be subject to public disclosure.
The Florida Bar
Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
Joshua E. Doyle (954) 835-0233
Executive Director www.FLORIDABAR.org
As you are aware, the Seventeenth Judicial Circuit Unlicensed Practice of Law Committee “A”
agreed to an informal meeting with your client as part of the investigation of a complaint alleging
Mr. Stone engaged in the unlicensed practice of law by holding out as an attorney in Florida.
The informal meeting is scheduled for March 30, 2020 at 1:00 p.m. at The Florida Bar’s branch
office located at 1300 Concord Terrace, Suite 130, Sunrise, FL 33323.
Please have your client bring with him a copy of MRLP’s partnership agreement for review by
the investigating member during the meeting. We hope to discuss whether your client’s prior
conduct was modified to conform with the law and to further discuss his job responsibilities at
MRLP while at the Fort Lauderdale office location. Please inform us whether General Counsel
for the firm will accompany you and Mr. Stone.
Also, enclosed is an original Affidavit which we offer to your client in an effort to conclude our
unlicensed practice of law investigation amicably and without resort to Supreme Court litigation.
You will note from reading the Affidavit your client is not required to admit to any wrongdoing
on his part. We seek only his assurances he understands the implications of his previous conduct
and agrees not to engage in any activities which constitute unlicensed practice of law under
existing decisions of the Supreme Court of Florida. The Committee urges you to discuss the
contents of the Affidavit with your client. Prior to the meeting, we will be happy to speak with
you concerning the subject matter of the Affidavit if any questions exist.
Sincerely,
Algeisa Vazquez
Branch UPL Counsel
AV/td
Enclosure
cc: Melissa Zelniker-Presser, Chair, UPL Committee 17A
Andrew B. Dunkiel, Investigating Member
Received Wed 03/11/2020 4:01PM
From Vazquez, Algeisa
Subject RE: Stone affidavit
To Davidson, Barry
cc
bcc
Mr. Davidson,
Mr. Dunkiel and I agree; we have no objection to your suggestions. Since you offered to make your latest
revisions, for your convenience I attach the document in MSWord format. Thank you for your client’s continued
cooperation.
Thanks-standing by
Mr. Davidson,
I do not see a problem with your suggestions. However, but I must check with our Investigating Member. As
soon as I hear back from Mr. Dunkiel, I will let you know whether to move forward. Thank you for your
consideration.
Hi-two final and hopefully small requests. Can we please change the title of the Affidavit to simply “Affidavit”-the
cease and desist language will be like waving a red flag in front of Mr. Gillespie. In the last sentence in paragraph
13 can we change the words “and the” to “in conjunction with the” for clarity. If these are acceptable I will prepare
final version and get it to you signed by Mr. Stone immediately. Thanks for your continuing co-operation.
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
CEASE AND DESIST AFFIDAVIT
COUNTY OF BROWARD
BEFORE ME, the undersigned authority, duly authorized to administer oaths, personally
appeared MARTY STONE, who after first being duly sworn, upon oath, deposes and says as
follows:
1. I am not a member of The Florida Bar and am not licensed to practice law in the
State of Florida. I am licensed to practice law in the States of Georgia and Tennessee (inactive).
2. I currently reside in the State of Florida and am CEO of McCalla Raymer Leibert
Pierce, LLC (“McCalla”), a Foreign Limited Liability Company registered with the Florida
Department of State Division of Corporations.
4. I understand it constitutes the unlicensed practice of law for persons not licensed
to practice in Florida, but licensed in other jurisdictions, to either expressly or impliedly,
personally or by use of advertisement, hold themselves out as members of The Florida Bar and
generally authorized to practice law in Florida or able to render assistance with legal matters.
5. I understand persons not licensed to practice law in Florida, but licensed in other
jurisdictions, may not perform legal services or give legal advice to or for Florida residents on
matters of Florida substantive law unless otherwise authorized by court rule, case law,
administrative rule, or Rules Regulating The Florida Bar.
6. I understand persons not licensed to practice law in Florida, but licensed in other
jurisdictions, may not advertise to the public either through the media, by telephone, by
facsimile, or other direct solicitation that they are qualified and able to provide legal services in
Florida or relating to Florida law.
7. I understand an attorney licensed in a state other than Florida may not appear in
any Florida state court as a representative of a party or otherwise participate in any Florida
litigation pending in State Court on behalf of any party unless admitted pro hac vice pursuant to
the dictates of Rule 2.510 of the Florida Rules of Judicial Administration. I understand as an
attorney licensed in a state other than Florida and being a resident of Florida, I am only eligible
to be admitted to practice before the state court pro hac vice in Florida if I have an application
pending for admission to The Florida Bar and have not previously been denied admission to The
Florida Bar.
8. I understand once an interstate law firm such as McCalla has been established
under the dictates of The Florida Bar v. Savitt, 363 So. 2d 559 (Fla. 1978), an out-of-state
attorney’s name may only appear on the letterhead and business card of the law firm if his
jurisdictional limitations are clearly noted on the letterhead or business card indicating the
attorney is not authorized to practice in Florida.
10. I understand an out-of-state member of an interstate law firm may give legal
advice concerning a right or obligation governed by federal law only if the lawyer is in Florida
on a transitory basis and it must initially be made clear to the client and immediately confirmed
in writing that the lawyer is not a member of The Florida Bar.
11. I understand where there is a federal law or statute that specifically allows
practice before a federal office or agency, Florida continues to maintain control over the practice
of law within its borders except to the limited extent necessary for the accomplishment of the
federal objectives.
12. I therefore understand as an attorney licensed in a state other than Florida, I may
not operate or maintain a law office in Florida, including but not limited to (a) maintaining a law
office in Florida as my primary physical business location; (b) performing legal services or
giving legal advice to or for Florida residents on matters of Florida substantive law; (c)
exercising direct managerial responsibility for the Florida offices managed by partners and
members of The Florida Bar; and (d) exercising supervisory control over any associate of the law
firm who is a member of The Florida Bar with respect to matters involving Florida law.
13. I further understand as I am not a member of The Florida Bar, I may not identify
myself as the managing partner of McCalla for the Florida office or use the firm’s Florida
address as my primary professional address. I agree to discontinue use of any business cards,
firm letterhead, advertisements, retainer agreements, or any other forms or correspondences
using a Florida address, Florida phone number, and the title “attorney,” “attorney at law,” or any
other similar title.
16. I will ensure McCalla will promptly name a partner licensed in Florida as the
managing partner for the Florida offices with the Florida Department of State Division of
Corporations and remove me as the “Title Officer.”
17. I certify I have read and will abide by the following decisions of the Supreme
Court of Florida: The Florida Bar v. Savitt, 363 So. 2d 559 (Fla. 1978); Chandris v. Yanakakis,
668 So. 2d 180 (Fla. 1995); The Florida Bar v. Tate, 552 So. 2d 1106 (Fla. 1989); The Florida
Bar v. Kaiser, 397 So. 2d 1132 (Fla. 1981); State ex rel. The Florida Bar v. Sperry, 140 So. 2d
587 (Fla. 1962), judgment vacated on other grounds 373 U.S. 379, 83 S. Ct. 1322 (1963).
18. I understand I am not admitting any wrongdoing and I agree I will not engage in
any activity that constitutes the unlicensed practice of law in Florida unless and until I am
admitted to practice in this state by the Supreme Court of Florida.
________________________________
MARTY STONE
______________________________
(Printed or Typed Name)
Received Tue 03/17/2020 2:36PM
From Susan Reid
Subject RE: stone
To Vazquez, Algeisa; Davidson, Barry
cc Temitofe M. Seriki
bcc
Thank you Ali. We will have Mr. Stone sign the affidavit this week and get it back to you. Be safe. Susan
"Pursuant to the Fair Debt Collection Practices Act, you are advised that this
office may be deemed to be a debt collector and any information obtained may be
used for that purpose."
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received
this email in error, please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not
necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no
liability for any damage caused by any virus transmitted by this email.
Hello,
We hope everyone is well. If you receive a PDF from Ms. Reid, please forward same. Our offices are closed until
the 30th day of March so we may not receive the FedEx package until then. I will work with the Committee for final
disposition as soon as we receive the PDF copy. Please do ahead and send the original copy however.
Thank you again for your cooperation. We will you both good health and good fortune.
Hi-the final agreed version of the Stone affidavit has been sent to McCalla GC Susan Reid who will have Stone
execute and forward directly to you by FedEx-thanks again for your cooperation.
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
Received Mon 03/30/2020 4:24PM
From Susan Reid
Subject RE: UPL Investigation of Marty Stone, File No. 20191041(17A)
To Vazquez, Algeisa
cc
bcc
"Pursuant to the Fair Debt Collection Practices Act, you are advised that this
office may be deemed to be a debt collector and any information obtained may be
used for that purpose."
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received
this email in error, please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not
necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no
liability for any damage caused by any virus transmitted by this email.
Thank you! Please use regular USPS because our office is closed due to the COVID-19 epidemic.
Ali
Ms. Vazquez,
Attached is a copy of the affidavit that Marty signed this morning. We are sending it to you tonight by FedEx.
Susan
Susan Reid, Esq.
General Counsel
Executive Management
"Pursuant to the Fair Debt Collection Practices Act, you are advised that this
office may be deemed to be a debt collector and any information obtained may be
used for that purpose."
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received
this email in error, please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not
necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no
liability for any damage caused by any virus transmitted by this email.
I hope you and yours remain healthy. Please email me a PDF copy of the affidavit so I can move this case to
final disposition by the Committee. Thank you in advance for your response.
Temitofe Seriki **
Special Project Analyst
Compliance
"Pursuant to the Fair Debt Collection Practices Act, you are advised that this
office may be deemed to be a debt collector and any information obtained may be
used for that purpose."
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received
this email in error, please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not
necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no
liability for any damage caused by any virus transmitted by this email.
This acknowledges receipt. I will ensure the Committee is aware. We will contact you upon final disposition.
Please stay well and healthy.
Hello Ali,
We have made the changes to the Florida Secretary of State. Attached please find a copy of the current Florida
Secretary of State, which lists Robyn Katz, Managing Partner for the Firm. Please let me know if you have any
questions.
Thank you.
Temitofe Seriki **
Special Project Analyst
Compliance
"Pursuant to the Fair Debt Collection Practices Act, you are advised that this
office may be deemed to be a debt collector and any information obtained may be
used for that purpose."
Disclaimer
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received
this email in error, please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not
necessarily represent those of the company. Finally, the recipient should check this email and any attachments for the presence of viruses. The company accepts no
liability for any damage caused by any virus transmitted by this email.
This confirms receipt of the PDF copy of the affidavit. This morning I noticed Mr. Stone remains listed as the title
officer with the Florida Department of State, Division of Corporations. Please provide verification the firm
designated a new title office officer who is a member of The Florida Bar. Upon receipt, I will move forward to final
disposition by the committee. Thank you for your cooperation.
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
Detail by Entity Name Page 1 of 2
Changed: 04/24/2014
Mailing Address
Changed: 12/18/2013
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Authorized Person(s) Detail
Annual Reports
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/31/2020
Detail by Entity Name Page 2 of 2
2018 04/02/2018
2019 05/03/2019
2020 03/31/2020
Document Images
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/31/2020
Received Tue 04/28/2020 2:19AM
From Neil Gillespie
Subject Re: UPL Investigation of Marty Stone, File No.20191041(17A)
To Neil Gillespie; Doyle, Joshua
CourtMarshaB@ch13jaxfl.com; Freeman, John; mbrown@ch13jaxfl.com; court@ch13jaxfl.com;
courtdailysummary@ch13jaxfl.com; filings@ch13jaxfl.com; USTP.Bankruptcy.Fraud@usdoj.gov;
Courtemanche, Richard; Doyle, Joshua; FBI Tampa Division; FBI Jacksonville Division; John Anthony
cc
Tomasino; wgull@flmb.uscourts.gov; Melbalynn.Fisher@mcccalla.com; FLBKECF@mccalla.com;
Kenia.Molina@mccalla.com; Ashley.popowitz@mrpllc.com; Brown-Burton, Lorna E; Vazquez, Algeisa;
Dunkiel, Andrew; Harvey, Edward; Levine, Morrie; Zelniker-Presser, Melissa
bcc
Joshua E. Doyle
Executive Director
The Florida Bar
651 E Jefferson St
Tallahassee, FL 32399-6584
Office: 850-561-5600
Mr. Doyle:
If the complaint was closed, and I was not informed, you may consider this a public record request for the file. Public Records Request. Access to
public records and meetings, Art. I, Sec. 24, Fla. Const. For public access to records of The Florida Bar, Rule 1 RRTFB, Rule 1-14.1(d), and
Bylaw 2-4.3; and Judicial Branch Records, Fla. R. Jud. Admin. Rule 2.420(m)(1).
Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Ms. Zelniker-Presser:
Enclosed is a letter I received from Ali Vasquez dated August 6, 2019 regarding the UPL investigation of Marty Stone, File
No.20191041(17A), that states,
This is to notify you that I have completed our staff level evaluation of your unlicensed practice of law complaint against
the above-referenced individual and have now referred the file to the Seventeenth Judicial Circuit Unlicensed Practice of
Law Committee "A" for further investigation and resolution. The investigating committee member assigned to the file may
contact you with questions or a request for information. You will be notified of the final disposition of this matter.
Mr. Stone is the sole manager of McCalla, Raymer, Leibert & Pierce, LLC, in Florida, a law firm operating unlawfully in
Florida, and without authorization in my Chapter 13 bankruptcy, Neil Gillespie, Debtor, Case No. 3:19-bk-00808-JAF, U.S.
Bankruptcy Court, Middle District of Florida, Jacksonville Division.
Tellingly Ali’s letter failed to identify you as Chair, or mention that she is a member of UPL Committee A of the
Seventeenth Judicial Circuit as staff liaison. I found information online for the Seventeenth Judicial Circuit Unlicensed
Practice of Law Committee "A", see attached.
Recently Rick Courtemanche, Deputy General Counsel of The Florida Bar, did not disagree with my characterization of
The Bar as an ongoing criminal organization (18 U.S.C. §§ 1961–1968) [the RICO statute] that subjects the population
to a deprivation of rights under color of law (18 U.S.C. § 242), and in my view its usurpation of government may meet
the definition of domestic terrorism (18 U.S.C. § 2331(5)) and/or crimes against humanity that subjects the population to
a deprivation of rights under color of law (18 U.S.C. § 242). My email to Rick is attached.
That explains the deprivation of rights under color of law in my bankruptcy case:
● U.S. Bankruptcy Judge Jerry A. Funk, member of TFB, a domestic terror organization.
● Trustee: Douglas W. Neway, et al, members of TFB, a domestic terror organization
● Melbalynn Fisher, Kenia L Molina, Ashley Prager Popowitz and the gang at McCalla, Raymer, Leibert & Pierce, LLC, all
members of TFB, a domestic terror organization.
And the investigators of lawyer misconduct, all members of TFB, a domestic terror organization.
Even the Clerk of the U.S. Bankruptcy Court, MDFL, Jacksonville, may be compromised. See attached DEBTOR’S
NOTICE OF FILING CRIMINAL COMPLAINT TO FBI FOR REVERSE MORTGAGE SOLUTIONS, INC. AND
MCCALLA RAYMER LIEBERT PIERCE LLC
Filed on September 11, 2019, the above pleading still does not appear on PACER. Note to Gull Weaver of the Clerk’s
office, wgull@flmb.uscourts.gov
I do not expect the FBI to take action, in fact, Special Agent In Charge Eric W. Sporre is gone from his post. Perhaps The
Bar’s Executive Director Mr. Doyle knows why SAIC Spoore is gone; Doyle is a former FBI agent himself. The Bar did
not find misconduct in the complaint when submitted as an ethics complaint. The Florida courts did not find anything
unlawful either.
Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Email: neilgillespie@mfi.net
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar regarding
Bar business may be considered public records, which must be made available to anyone upon request. Your e-mail
communications may therefore be subject to public disclosure.
Received Tue 04/28/2020 11:19AM
From UPLFTL/The Florida Bar
Subject RE: UPL Investigation of Marty Stone, File No.20191041(17A)
To neilgillespie@mfi.net
cc
bcc Vazquez, Algeisa
Thank you for your email asking about the status of the case. I sincerely hope this email finds you well.
Late last week, the Committee voted to close this matter with an affidavit. Please look for correspondence from
us in the coming days. I am in the process of formally closing
the case. I hope this answers your question.
Joshua E. Doyle
Executive Director
The Florida Bar
651 E Jefferson St
Tallahassee, FL 32399-6584
Office: 850-561-5600
Mr. Doyle:
If the complaint was closed, and I was not informed, you may consider this a public record request for
the file. Public Records Request. Access to public records and meetings, Art. I, Sec. 24, Fla. Const. For
public access to records of The Florida Bar, Rule 1 RRTFB, Rule 1-14.1(d), and Bylaw 2-4.3; and
Judicial Branch Records, Fla. R. Jud. Admin. Rule 2.420(m)(1).
Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Ms. Zelniker-Presser:
Enclosed is a letter I received from Ali Vasquez dated August 6, 2019 regarding the UPL investigation of Marty Stone, File
No.20191041(17A), that states,
This is to notify you that I have completed our staff level evaluation of your unlicensed practice of law
complaint against the above-referenced individual and have now referred the file to the Seventeenth
Judicial Circuit Unlicensed Practice of Law Committee "A" for further investigation and resolution. The
investigating committee member assigned to the file may contact you with questions or a request for
information. You will be notified of the final disposition of this matter.
Mr. Stone is the sole manager of McCalla, Raymer, Leibert & Pierce, LLC, in Florida, a law firm operating unlawfully in
Florida, and without authorization in my Chapter 13 bankruptcy, Neil Gillespie, Debtor, Case No. 3:19-bk-00808-JAF, U.S.
Bankruptcy Court, Middle District of Florida, Jacksonville Division.
Tellingly Ali’s letter failed to identify you as Chair, or mention that she is a member of UPL Committee A of the
Seventeenth Judicial Circuit as staff liaison. I found information online for the Seventeenth Judicial Circuit Unlicensed
Practice of Law Committee "A", see attached.
Recently Rick Courtemanche, Deputy General Counsel of The Florida Bar, did not disagree with my characterization of
The Bar as an ongoing criminal organization (18 U.S.C. §§ 1961–1968) [the RICO statute] that subjects the population
to a deprivation of rights under color of law (18 U.S.C. § 242), and in my view its usurpation of government may meet the
definition of domestic terrorism (18 U.S.C. § 2331(5)) and/or crimes against humanity that subjects the population to a
deprivation of rights under color of law (18 U.S.C. § 242). My email to Rick is attached.
That explains the deprivation of rights under color of law in my bankruptcy case:
● U.S. Bankruptcy Judge Jerry A. Funk, member of TFB, a domestic terror organization.
● Trustee: Douglas W. Neway, et al, members of TFB, a domestic terror organization
● Melbalynn Fisher, Kenia L Molina, Ashley Prager Popowitz and the gang at McCalla, Raymer, Leibert & Pierce,
LLC, all members of TFB, a domestic terror organization.
And the investigators of lawyer misconduct, all members of TFB, a domestic terror organization.
Even the Clerk of the U.S. Bankruptcy Court, MDFL, Jacksonville, may be compromised. See attached DEBTOR’S
NOTICE OF FILING CRIMINAL COMPLAINT TO FBI FOR REVERSE MORTGAGE SOLUTIONS, INC. AND
MCCALLA RAYMER LIEBERT PIERCE LLC
Filed on September 11, 2019, the above pleading still does not appear on PACER. Note to Gull Weaver of the Clerk’s
office, wgull@flmb.uscourts.gov
I do not expect the FBI to take action, in fact, Special Agent In Charge Eric W. Sporre is gone from his post. Perhaps The
Bar’s Executive Director Mr. Doyle knows why SAIC Spoore is gone; Doyle is a former FBI agent himself. The Bar did
not find misconduct in the complaint when submitted as an ethics complaint. The Florida courts did not find anything
unlawful either.
Ms. Zelniker-Presser, what is the status of UPL Investigation File No.20191041(17A)?
Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Email: neilgillespie@mfi.net
Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.