CASE NUMBER: Division: AW 

Filing 48670062 E-Filed 11/08/2016 06:02:05 PM

IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA

CASE NO.:

NEW WAVE LENDERS, (2015-B) LP,
a Delaware limited partnership,

Plaintiff,

v.

CHANCE ANTHEM, LLC., a Florida

limited liability Company, JEFFREY M.

SISKIND, ABK SOUTH PROPERTIES, LLC.,

a Florida limited iiability Company, SGEN VC, LLC.

a Florida limited liability Company, CONSTRUCTION
- AND DEVELOPMENT, INC., a Florida corporation,

PTM ELECTRIC, INC., a Florida coiporation, and

DAVID FIORE,

Defendants.


COMPLAINT FOR MORTGAGE FORECLOSURE AND DAMAGES

Plaintiff NEW WAVE LENDERS (2015-B) LP, through its undersigned counsel, sues
Defendants CHANCE ANTHEM, LLC ., JEFFREY M. SISKIN D, ABK SOUTH PROPERTIES,
LLC., 3GEN VC, LLC., CONSTRUCTION AND DEVELOPMENT, INC, PTM
ELECTRIC, INC. and UNKNOWN PARTIES OR TENANTS IN POSSESSION, alleges:

Parties. Jurisdiction and Venue

. This is an action to foreclose a mortgage on real property located in Walton County,
Florida, and for money damages more than $15,000.00, exclusive of costs, prejudgment interest and
attorneys? fees.

2. Plaintiff NEW WAVE LENDERS, LP (?Plaintiff? or is a Delaware
limited partnership authorized to do business in the State of Florida which maintains an office for
the regular and customaiy transaction of its business in Miami-Dade County, Florida.

3 . Defendant CHANCE ANTHEM, LLC., is a Florida limited liability
company which maintains as of?ce for the regular and customary transaction of its business in Palm

Beach County, Florida.

OFFICE OF KEITH D. RA.
3440 HOLLYIVOOD SUITE 415, 01), FL 33021 9 (954) 618-1008

FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 11/08/2016 06:02:05 PM

 

4. Defendant JEFFREY M. SISKIND is a resident of Pahn Beach County,
Florida and suijm'is.

5. Defendant ABK SOUTH PROPERTIES, LLC. is a Florida limited liability
company who acted as a lender on a property located in Palm Beach County, Florida.

6. Defendant SGEN VC, LLC., is a Florida limited liability company who
acted as a lender on a property located in Palm Beach County, Florida.

7. Defendant CONSTRUCTION AND DEVELOPMENT, INC., is a
iorida corporation which maintains as of?ce for the regular and customary transaction of its
business in Palm Beach County, Florida.

8 . Defend ant PTM ELECTRIC, INC is a Florida corp oration which maintains
as of?ce in Loxahatchee, Florida and conducts business in Palm Beach County, Florida.

9. Defendant DAVID FIORE is a resident of Florida and suijuris.

10. Venue is proper in Palm Beach County, lorida because the real property on which
the subject mortgage is sought to be foreclosed is located in Palm Beach County, and all causes of
action alleged herein accrued in Palm Beach County, Florida.

General Allegations

1 1. On or about November 6, 2015, Defendants CHANCE and SISKIND (hereinafter also
collectively referred to as the ?Borrowers?) executed and delivered a Promissory Note in the original
principal sum of $81 2,5 000 (the ?Note?) to New Wave Loans Residential, LLC. (SERIES-
SISKIND) (hereinafter collectively referred to as WAVE along with a
Mortgage securing repayment of the Note. A true and correct copy of the Note is attached hereto
as Exhibit A true and correct copy of the Mortgage, which was recorded in Of?cial Records
Book 27926 Page 1809 of the Public Records of Palm Beach County, Florida, is attached hereto as
Exhibit 

The parcel of Palm Beach County real property secured by the Mortgage (the
?Subject Property?) is legally described as follows:

Lot 2, South?elds - Phase I of Palm Beach Polo and County Club? Wellington
Country Place P.U.D., according to the map or plat thereof, as recorded in Plat

LAW OFFICE OF KEITH I). PA.
.3440 BLVD.. SUITE 415? FL 33023 0 (954) 6184008

 

Book 39, Pages 19 through 22, inclusive, of the Public Records of Palm Beach
County, Florida.

Parcel 73?41-44?21-03?000?0020.

13 . On or about November 6, 2015 the Defendant, CHANCE executed and delivered to
the NEW WAVE RESIDENTIAL an Assignment of Rents, Leases and Pro?ts, which was recorded
in OR Book 27926, Page 1833 of the Public Records of Palm Beach County, Florida. A copy ofthe
Assignment of Rents, Leases and Pro?ts is attached hereto as Exhibit 

14. On or about November 6, 2015 the Defendant, CHANCE executed and delivered to
the NEW WAVE RESIDENTIAL an Adjustable Rate Rider. A copy of the Adjustable Rate Rider
is attached hereto as Exhibit 

15. On or about November 6, 2015 the Defendant, CHANCE executed and delivered to
the NEW WAVE RESIDENTIAL an 1-4 Family Rider (Assignment of Rents). A copy of the 1-4
amiiy Rider (Assignment of Rents) is attached hereto as Exhibit 

16 . On or about November 6, 2015 the Defendant, CHANCE executed and delivered to
the NEW WAVE RESIDENTIAL a Planned Unit Development Rider. A copy of the Planned Unit
Development Rider is attached hereto as Exhibit 

17. On or about November 13, 2015, NEW WAVE RESIDENTIAL executed and
delivered to NEW WAVE an a Assignment of Mortgage and Other Loan Documents (the
?Assignment?), which was recorded in Of?cial Records Book 28011, Page 1154, of the Public
Records of Palm Beach, County, Florida, and is attached hereto as Exhibit 

18. As and at the time of commencement of this proceeding, NEW WAVE owns and is the
holder the Note and the Mortgage.

19. NEW WAVE has retained the undersigned law ?rm to enforce his rights in this
action and Plaintiff is obligated to pay the ?rm a reasonable fee for its services.

20. All conditions precedent to bringing this action, if any, have occurred, been satis?ed
or otherwise waived.

COUNT I
MORTGAGE FORECLOSURE

OFFICE OF KEITH D. RA.
3440 BLVD, SUITE 415: FL 33021 9 (954) 613-1003

 

21. NEW WAVE realleges Paragraphs 1 through 20 of this Complaint as if fully stated
herein.

22. The Note and the Mortgage are in default due to, among other things, allowing
secondary ?nancing on the property in violation of the mortgage. A true and correct copy of the
Notice of Default and Acceleration on Mortgage is attached hereto as Exhibit 

23. The Note and the Mortgage are in default due to, among other things, the faiiure of
CHANCE to make payments due on August 6, 2016 and all subsequent payments as well as doing
major construction at the property in violation of the mortgage.

24. Despite demand, Borrowers have failed and refused to remove the secondary
?nancing.

25. Borrowers have also failed and refused to pay to Plaintiff the sums due under the Note
and the Mortgage and to restore the property under conditions acceptable to NEW WAVE.

26. As a result of the Default Notice and the Borrowers? failure to cure same, Plaintiff
has accelerated ali sums due under the note and mortgage and has declared, and herein again
declares, the full amount payable under the Note and the Mortgage to be due.

27. Borrowers owe Plaintiff the principal sum of $812,500 under the Note and the
Mortgage, plus interest in the amount of $5 5,808.59 as of November 2016, per diem $558.59, late
fees, all advances thereafter paid by the Plaintiff, and all attorneys fees and costs incurred by
Plaintiff, along with title search expenses for ascertaining the necessary parties to this suit and any
and all other expenses with regard to the Subject Property as well as the cost of collection, all of
which sums are secured by the Mortgage and Note.

2 8. The Note and the Mortgage provide that Plaintiff is entitled to recover his attorneys?
fees incurred in collecting this debt.

29. The Subject Property. is now owned by Defendant CHANCE, who acquired
ownership of the Subject Property pursuant to that certain Special Warranty Deed recorded in
Of?ciai Records Book 27898, Page 740, of the Public Records of Palm Beach County, Florida.
However, any claim or interest of Defendant CHANCE in and to the Subject Property is subordinate

OFFICE OF KEITH D. DIAMOND, RA.
3440 HOLLYWOOD BLVD, SUITE FL 33021 9 (954) 618-1008

 

and inferior to Plaintiff? interest in and to the Subject Property.

30. The Defendant, 3GEN, may claim some interest in the Subject Property by virtue of
a Mortgage dated August 2, 2016 which was recorded on August 3, 2016 in O.R. Book 28480, Page
844 of the Public Records of Palm Beach County, Florida. However, any claim or interest of
Defendant 3GEN is subordinate and inferior to Plaintiff interest in and to the Subject Property.

31. The Defendant, ABK may claim some interest in the Subject Property by virtue of
a Mortgage dated March 23, 2016 which was recorded on March 30, 2016 in O.R. Book 28193,
Page 103 of the Public Records of Palm Beach County, Florida. However, any claim or interest of
Defendant ABK is subordinate and inferior to Plaintiff?s interest in and to the Subject Property.

32. The Defendant, may claim some interest in the Subject Property by virtue of
a Notice of Commencement dated November 23, 2015 which was recorded on November 25, 2015
in O.R. Book 27949, Page 1158 of the Public Records of Palm Beach County, Florida. However,
any claim or interest of Defendant is subordinate and inferior to Plaintiff?s interest in and t0
the Subject Property. 

33. The Defendant, PTM may claim some interest in the Subject Property by virtue of
a Notice of Commencement dated January 5, 2016 which was recorded on January 5, 20 i 6 in O.R.
Book 28025, Page 1088 of the Public Records of Palm Beach County, Florida. However, any claim
or interest of Defendant PTM is subordinate and inferior to Plaintiff?s interest in and to the Subject
Property.

34. The Defendant, DAVID FIORE may claim some interest in the Subject Property by
viltue of a Notice of Lis Pendens dated August 5, 2016 which was recorded on August 9, 2016 in
O.R. Book 28492, Page 344 of the Public Records of Palm Beach County, Florida. However, any
claim or interest of Defendant DAVID FIORE is subordinate and inferior to Plaintiff?s interest in
and to the Subject Property.

3 5. Defendants, All Unknown Patties Claiming Interest By, Through, Under or Against
A Named Defendant To This Action, Or Having or Claiming To Have, Any Right, Title or Interest
in the Property Herein Described or Tenants in Possession, being in possession of the Subject

OFFICE OF KEITH D. DIAMOND, P.A.
3440 HOLLYWOOD BLVD., SUITE FL 33021 (954) 618-1008

 

Property, may claim some interest in and to the Subject Property by virtue of their occupancy therein,
but any such claim or interest is subordinate and inferior to Plaintiff?s interest in and to the Subject .
Property.

WHEREFORE, Plaintiff demands judgment:

foreclosing the Mortgage;

providing that if the sum due and owing to Plaintiff is not paid within the time set by
the Court, thatthe Subject Property be sold to satisfy Plaintiff?s claim and, if the proceeds of the sale
are insuf?cient to pay Plaintiff?s claim, that a de?ciency judgment be entered in favor of Plaintiff
and against BorrowerlDefendant CHANCE ANTHEM, LLC. 

(0) providing that Defendants, and all parties claiming by, through or under Defendants,
be forever barred and foreclosed of any right, title, claim or interest in and to the Subject Property;

awarding Plaintiff his costs, expenses and attorneys? fees; and

for such other and further relief as is just and proper under the circumstances.

COUNT II
BREACH OF PROMISSORY NOTE

3 6. Plaintiff realleges Paragraphs 1 through 20 of this Complaint as if fully stated herein.

37. This is an action for damages against the Borrowers/Defendants CHANCE and
SISKIND, jointly and severally, for breach of the Note.

3 8. Plaintiff owns and holds the Note.

39. Borrowers have breached and are in default under the Note by their failure to make
payments due on August 6, 2016 and all payments thereafter.

40. As a direct and proximate result of Borrowers' default under the Note, Plaintiff has
sustained damages.

41. Borrowers owe Plaintiff the principal sum of $812,500 due under the Note, plus
interest in the amount of $55,808.59 as of November 7, 2016, per diem $558.59, late fees, title
search expenses for ascertaining the necessaly parties to this suit and any and all other expenses with

regard to the Subject Property.

OFFICE OF KEITH D. P.A.
3440 HOLLYWOOD BLVD, SUITE 415: FL 33021 9 (954] 618-1008

 

WHEREFORE, Plaintiff demands judgment against Bon?owers/Defendants CHANCE 
ANTHEM, 11c. and JEFFREY SISKIND, jointly and severally, for:

compensatmy damages;

prej udgment interest;

(6) attorneys? fees, costs and expenses; and

for such other and further relief as is just and proper under the circumstances.

Dated this 8th day of November, 2016.

KEITH D. DIAMOND, RA.
Attorneys for Plaintiff

3440 Hollywood Boulevard, Suite 415
Hollywood, Florida 33021

Telephone: (954) 6184008
Telefax: (954) 306-081 1

By: Isl Keith D. Diamond
Keith D. Diamond
Fla. Bar No. 7086150

LAW OFFICE OF KEITH D. DIAMOND, RA.
3440 HOLLYWOOD SUITE FL 33021 9 (954) 618-1008

 

INTEREST-ONLY PERIOD ADJUSTABLE RATE NOTE

 

 

 

- Rate-Gaps)

THIS NOTE CONTAINS PROVISIONS ALLOWING FOR A CHANGE IN MY
FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE AND FOR
CHANGES IN MY PAYMENT. THIS NOTE LIMITS THE
AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE
TIME AND THE MAXIMUM RATE I MUST PAY.

November 6, 2015 3445 Santa Barbara Drive, Wellington, FL 33414

[Property Address]

1. PROMISE TO PAY

In return for a loan that I have received, I promise to pay U.S. $812,500.00 {this amount is called
plus interest, to the order of Lender. Lender is New Wave Loans Residential, LLC (Series: 
a Delaware limited liability company. I will make all payments under this Note in the form ol? cash, check or money
order.

I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the ?Note Holder."

2. INTEREST 
Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay
interest at a yearly rate of 9.000%. The interest rate I will pay may change in accordance with Section 4 of this Note.

The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and
after any default described in Section 7(3) of this Note.

3. PAYMENTS
(A) Time and Place of Payments

1 will makea payment on the first day of eyery month. beginning on-Janunry I. 2016. Before the Maturity
Date {as hereinafter de?ned), my payment will consist only of the interest due on the unpaid principal balance of
this Note.

Each payment will be applied as of its scheduled due date. if, on December 1, 2018, I still owe
amounts under this Note, I will pay those amounts in full on that date, which is called the ?Maturity Date.?

I will make my payments at New ?law: Loans Residential LLC, 1835 NE Miami Gardens Drive,
North Miami Beach, FL 33179 or at a different place ifrcquired by the Note Holder.

(B) Amount of My Initial Payments
Each of my initial payments will be in the amount of us. $6,093.75. This amount may change.

(C) Payment Changes
Changes in my payment will re?ect changes in the unpaid principal of my loan and in the interest rate that I
must pay. The Note Holder will determine my new interest rate and the changed amount of my payment in

accordance with Section 4 or 5 of this Note.

4. ADJUSTABLE INTEREST RATE AND PAYMENT CHANGES

9942.27

Exhibit 

 

 

 

 

{tn?Changenatcs

The initial ?xed interest rate I will pay will change to an adjustable interest rate on the ?rst day of
December, 2016, and the adjustable interest rate I will pay may change on that day every it"I month thereafter. The
date on which my initial ?xed interest rate changes to an adjustable interest rate, and each date on which my
adjustable interest rate could change, is called a "Change Date.?

(B) The Index

Beginning with the ?rst Change Date, my adjustable interest rate will be based on an index. The ?Index? is
the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made
available by the Federal Resewe Board. The most recent Index figure available as of the date 60 days before each
Change Date is called the ?Current index.? -

li?the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.

(C) Calculation of Changes

Before each Change Date, the Note Holder will calculate my new interest rate by adding 8.740 percentage
points (8.740%) to the Current Index. The Note Holder will then round the result of this addition to the nearest 0nc~
eighth of one percentage point Subject to the limits stated in Section below, this rounded amount
will be my new interest rate until the next Change Date.

The Note Holder will then determine the amount of the payment that Would be su f?cient to repay
the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest
rate in substantially equal payments. The result of this calculation will be the new amount of my payment.

(D) Limits on Interest Rate Changes

The interest rate I am required to pay at the ?rst Change Date will not be greater than ?300% or less than
9.000%. my adjustable interest rate will neVer be increased or decreased on any single Change Date by
more than two percentage points from the rate of interest I hare been paying for the preceding 12 months. My
interest rate will never be greater than 13.000%. 

(E) Effective Date of Changes .
My new interest rate will become effective on each Change Date. I will pay the amount of my new 

payment beginning on the that payment date alter the Change Date until the amount of my 
payment changes again.

(F) Notice of Changes

Before the effective date of any change in my interest rate andlor payment, the Note Holder will
deliver or mail to me a notice of such change. The notice will include information required by law to be given to me
and also the title and telephone number of a person who will answer any question I may have regarding the notice.

5. RIGHT TO PREPAY

I have the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a ?Prepayment.? When I make a Prepayment,I will tell the Note? Holder in writing that I am doing so. I
may not designate a payment as a Prepayment if I have not made all the payments due under the Note.

The Note Holder will use my to reduce the amount of Principal that I one under this Note.
However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount,
befone applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there
will be no changes in the due date of my payment unless the Note Holder agrees in writing to those

9.94227

 

changes. If the partial Prepayment is made during the period when my payments consist only of interest,

 

of
interest. However, any reduction due to my partial Prepayment may be offset by an interest rate increase.

6. LOAN CHARGES

If a law, which applies to this loan and which sets maximum loan charges, is ?nally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and any sums already collected ?'om me that exceeded permitted limits will be refunded to me. The Note Holder
may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to
me. if a refund reduces Principal, the reduction will he treated as a partial Prepayment.

7. FAJLURE TO PAY AS REQUIRED

(A) Late Charges for Overdue Payments

If the Note Holder has not the full amount of any payment by the end often (10) calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be ?ve
percent of my overdue payment of interest, during the period when my payment is interest only, and of
principal and interest thereafter. I will pay this late charge but only once on each late payment.

(B) Default

lf 1 do not pay the full amount of each payment on the date it is due. I will be in default.

(C) Notice of Default

If I am in default, the Note Hoidcr may send me a written notice telling me that if 1 do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has
not been paid and all the interest that I owe on that amount. That date must be at least 30 days alter the date on
which the notice is mailed to me or delivered by other means.

(D) No W'aivar By Note Holder

Eyen if, at a time when I am in default, the Note Holder does not require me to pay immediately in fail as
described above, the Note Holder will still have the right default at a later time.

(E) Payment of Note Holder?s Costs anti Expenses

If the Note Holder has required me to pay immediately in as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. These expenses include, for example, reasonable attorneys? fees.

(F) Default Rate

In addition to all other rights contained in this Note, if a default occurs and as long as a default continues.
all outstanding obligations shall bear interest at the maximum legal rate of interest imposed on all principal in
default. In Florida, the maximum lawful rate of interest is eighteen percent(18%) per annum simple interest for
loans of $500,000 or less and twenty ?ve percent per annum for loans in excess (Florida Statutes
Sections 687.03 and 687.071) ("Default Rate"). The Default Rate shall also apply from acceleration until the
Obligations or anyjudgment thereon is paid in full.

8. GIVING Oi? NOTICES

994227

 

 

Unless applicable law requires a different method, any notice that must be given to me under this Note will

 


address if i give the Note Holder a notice of my different address.

Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under
this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 
above or at a different address if I am given a notice of that different address. .

9. OBLIGATIONS OF PERSONS UNDER THIS NOTE

if more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or cndorscr of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that any one of us may be required to pay all of the amounts owed under this
Note.

10. WAIVERS

and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. means the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor? means the right to require the Note Holder to give notice to other persons that amounts due ltaVe not been

paid.
UNIFORM 

This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security
Instrument?), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do
not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I
may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions
read as follows:

(A) Until my initial ?xed interest rate changes to an adjustable interest rate under the terms stated in
Section 4 above, Uniform Covenant 13 of the Security Instrument shall read as follows:

Transfer of the Property or a Bencfieint Interest in Borrower. As used in this Section i8, ?interest in
the Property" means any legal or bene?cial interest in the Preperty, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is the transfer of titte by Borrower at a future date to a purchaser.

If all or any part of the Proacrty or any interest in the Property is sold or transferred (or if
Borrower is not a natural person and a bene?cial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender it? such
exercise is prohibited by Applicable Law.

If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security
Instrument. li" Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security instrument without further notice or demand on
Borrower.

(B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section 4 above, Uniform Covenant 18 of the Security instrument described in Section above shall ll'leii cease
to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows:

994227

 

 



 

?Interest in the Property? means any legal or bene?cial interest in the Property, including. but
not limited to, those bene?cial interests transferred in a bond for deed, contract for-,deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.

If all or any part of the Property or any interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficiai interest in BorroWer is sold or transferred)
without Lender?s prior written consent, Lender may require immediate payment in full of alt sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such
exorcise is prohibited by Applicable Law. Lender also shall not exercise this option if: 
Borrower causes to be submitted to Lender information required by Lender to evaluate the
intended transferee as if' a new loan were being made to the transferee; and Lender reasonably
determines that Lender?s security will not be impaired by the loan assumption and that the risk of
a breach of any covenant or agreement in this Security Instrument is acceptable to Lender.

To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption. Lender also may require the transferee to
sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep
all the promises and agreements made in the Note and in this Security Instrument. Borrower will
continue to be obligated under the Note and this Security Instrument unless Lender releases
Borrower in writing.

If Lender exercises the option to require immediate payment in full, Lender shall give
Borrower notice of acceleration. The notice snail provide a period of not less than 30 days from
the date the notice is given in accordance with Section 15 within Which Borrower must pay all
sums secured by this Security Instrument. If Borrorrer fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.

WITNESS THE AND on THE UNDERSIGNED.

Chance 6.: Anthem LL :1 Flor ?linbility company
tit: 
serwi?gtji WVOMW

Jeffrey {LSislti?rI?m duailr/ Borrower

994227

 

 

CFN 20150417806 
OR BK 27926 PG 1809

RECORDED 1111312015 10:56:39
Palm Beach County, Florida

RECORD AND RETURN To: 31%: :1ng (23052: 75
1,625.00

New Wave Loans Residential, LLC Sharon R. Bock

1835 NE Miami Gardens Drive, Suitc . CLERK COMPTROLLER

North Miami Beach, Florida 33179 1809-1832 (24Pgs)

THIS INSTRUMENT PREPARED BY:
Staci J. Rutman, Esq. 

Law Of?ce of Staci J. Rulman EA.

500 South Points Drive, Suitc 230
Miami Beach, FL 33139

song i 55m}, <76; 

[Space above line reserved for recording of?ce use]
MORTGAGE

Balloon Mortgage This Mortgage has a Balloon Payment. The Balloon Payment will be due on
December 1, 2018 in the amount of $312,500.00 plus accumulated interest.



- Words used in multiple sections of this document are de?ned below and oiher Words are de?ned in Sections 3, 1 i, 13,
18,20 and 21. Certain rules rcgardingihc usagc ofwords used in this document are also provided in Section 16.

(A) ?Security Instrument" means this document, which is dated NOVember 6. 20t5, together with all Riders to this
document.

(B) ?Borrower? is Chance Anthem LLC, a Florida limited liability company. Borrower is the mortgagor
under this Security Instrument.

(C) ?Lender? is New W'ayc Loans Residential, LLC (Series: a Delaware limited liability company.
Lender?s address is 1835 NE Miami Gardens Drive, Suite 451, North Miami Beach, Florida 33179. Lender is the
mortgagee under this Security Instrument.

(D) ?Note" means the premissory note signed by Borrower and dated of even date herewith. The Note states that
Borrowci?iJWes Lender EIGHT HUNDRED TWELVE THOUSAND FIVE HUNDRED AND 100 OLLARS
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in
full not later than December 1, 2018.

(E) ?Property? means the property that is described below under the heading ?Transfer of Rights in the Property.?
?Loan? means the debt evidenced by thoNotc, plus interest, any prepayment charges and late charges due under the
Note, and all sums due under this Security instrument, plus intctost.

(G) ?Riders" means all Riders to this Security instrument that are cxccutcd by Borrower. The following Riders ore to
be executed by Borrower [check box as applicable]:

Adjustable Rate Rider CI Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider DOtiteds)-Scrvice oi'Proccss
1-4 Family Rider Biweekly Payment Rider

(H) ?Applicable Law" means all controlling applicable federal. stoic and local statutes, regulations. ordinances and

administrative mics and orders {that have the effect ot'iaw) as well as all applicable ?nal, non-appealablc Judicial

opinions.

Family-Fannie hiac?Freddic Mon UNIFORM Mil {page tJJ?pagar) 99422.7

 

 

. A . W.-. 
?rich-2t. ?bril? - 
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51.. I
Exhibit?

 

 

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(I) ?Community Association Dues, Fees, and Assessments? means ali dues, fees, assessments and other charges that
are imposed on Borrower or the Property by a condominium association, homeowners association or similarorganization.
(J) ?Electronic Funds Transfer? means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic
tape so as to order, instruct, or authorize a ?nancial institution to debit or credit an account. Such term includes, but is
not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers.

(K) ?Escrow Items? means those items that are described in Section 3.

(L) "Miscellaneous Proceeds? means any compensation, settlement, award of damages, or proceeds paid by any third
party (other than insurance proceeds paid under the coverages described in Section 5) for: damage to, or destruction
of, the Property; (ii) condemnation or other taking of all or any part of the Property; conveyance in lieu of
condemnation; or (iv) misrepresentations ol?, or omissions as to, the value andr?or condition of the Property.

(M) ?Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.

(N) ?Periodic Payment? means the regularly scheduled amount due for principal and interest under the Note, plus
(ii) any amounts under Section 3 of this Security instrument.

(0) means the Real Estate Settlement Procedures Act (12 U.S.C. ?260l et seq.) and its implementing
regulation, Regulation (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, 
refers to all requirements and restrictions that are imposed in regard to a ?federally related mortgage loan? eVen if the
Loan does not qualifyr as a ?federally related mortgage loan? under RESPA.

(P) ?Successor in Interest of Borrower? means any party that has taken title to the Property, whether or not that party
has assumed Borrower's obligations under the Note andfor this Security Instrument.

TRANSFER OF RIGHTS IN THE PROPERTY

This Security Instrument secures to Lender: the repayment of the Loan, and all renewals, extensions and
modi?cations of the Note; and (ii) the performance of Borrower?s covenants and agreements under this Security
instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following
described property located in the County of Palm Beach:

3445 Santa Barbara Drive, Wellington, FL 33414
- See Exhibit attached hereto for Legal Description.

TOGETHER Wi?i?H all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereaftera part of the property. All replacements and additions shall also becovered
by this Security Instrument. All of the foregoing is referred to in this Security instrument as the ?Property.?

BORROWER COVENANTS that Borrower is lawfully seiscd of the estate hereby and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to an
encumbrances of record. -

THIS SECURITY INSTRUMENT combines uniform corenants for national use and non-uniform covenants
with limited variations byjurisdiction to constitute a uniform security instrument covering real property.

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:

1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall
pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note. Borrower shall also pay ?mds for Escrow Items pursuant to Section 3. Payments due under
the Note and this Security Instrument shall be made in U.S. currency. However, if any check erother instrument received
by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that
any or all subsequent payments due under the Note and this Security instrument be made in one or more of the following
forms, as selected by Lender: cash; (is) money order; (0) certi?ed check, bank check, treasurer-?3 check or cashier?s
check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or Electronic Funds Transfer.

Fomily?-Fennle Maclii?redrlle Mac UNIFORM 3010 li?t (page 2 r?nges) 994227

 

Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any
payment or partial payment if the payment or partial payments are insuf?cient to bring the Loan current. Lender may
accept any payment or partial payment insuf?cient to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such
payments at the time such payments are accepted. if each Periodic Payment is applied as of its scheduled due?date, then
Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until BorroWer makes payment
to bring the Loan current. lfBorrowcr does not do so within a reasonable period of time, Lender shall either apply such
funds or return them to Borrower. If not appIied earlier. such funds will be applied to the outstanding principal balance
under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future
against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or
performing the covenants and agreements secured by this Security Instrument:

2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: interest due under the Note;
principal due under the Note; to) amounts due under-Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amounts shatl be applied first to late charges, second to any
other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.

If Lender receives a payment from Borrower fora delinquent Periodic Payment which includes a suf?cient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more
than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of
the Periodic Payments if, and to the extent that, each payment can be paid in fuli. To the extent that any excess exists
after the payment is applied to the ?rll payment of one or more Periodic Payments, such excess maybe applied to any late
charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note.

Any application of payments, insurance proceeds, or Misceilaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.

3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note Is paid in fail, a sum (the ?Funds?) to provide for payment of amounts due for: taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
Property; leasehold payments or ground rents on the Property, if any; (0) premiums for any and all insurance required
by Lender under Section 5 and Mortgage Insurance premiums, ifuny, or any sums payable by Borrowerto Lender in
lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section These items are
called "Escrow Items.? At origination or at anytime during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escmwed by Borrower, and such dues, fees and assessments shall be
an Escrow item. Borrower shall furnish to Lender all notices of amounts to be paid under this Section.
Borrower-shall pay Lender the Funds for Escrow Items unless Lender waives Borrower?s obligation to pay the Funds for
any or all Escrow Items. Lender may waive Borrower?s obligation to pay to Lender Funds for any orall Escrow Items at
any time. Any such waiver may only be in writing. In the event of such waives-Borrower shall pay directly, when and
where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if
Lender requires, shall ?n?nish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower?s obligation to make such payments and to provide receipts shall l?orall purposes be deemed to be a covenant
and agreement contained in this Security Instrument, as the phrase ?covenant and agreement" is used in Section 9. If
Borrower Is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for
an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be
obligated under Section 9 to repay to Lender any such amount. Lender may revake the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section IS and, upon such revocation, Borrower shall pay to
Lender all Funds, and in such amounts, that are then required under this Section 3.

Lender may, at any time, collect and hold Funds in an amount sufficient to permit Lender to apply the Funds
at the time speci?ed under RESPA, and not to exceed the maximum amount a lender can require under RESPA.
Lender shall estimate the amount of Funds due on the basis of current data and seasonable estimates of expenditures of
future Escrow items or other-Wise in accordance with Applicable Law. 

The Funds shall be held in an institution whose deposits are insured by a federal agency, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank.
Lender shall apply the Funds to pay the Escrow Items no later than the time speci?ed under RESPA. Lender shall not
charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow
Items, unless Lender pays Borrower interest on the Funds and ApplicabthLaw permits Lender to make such a charge.
Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be

Family-Fan nIe ManFreddic Mac UNIFORM 3010 Hill (page 3 qupngc-s) Nh 994227

 

 

required to pay Borrower any interest or earnings on the Funds. Borrower and Bender can agree in writing, however, that
interest shall be paid on theFunds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
required by RESPA. 

If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with RESPA. it' there is a shortage of Funds held in escrow, as de?ned under RESPA, Lender
shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
shortage in accordance with RESPA, but in no more than 12 payments. If there is a deficiency of Funds held in
escrow, as de?ned under RESPA, Lender shall notify Borrower as required by RBSPA, and Borrower shall pay to Lender
the amount necessary to make up the de?ciency in accordance with RESPA, but in no more than 12 payments.

Upon payment in full of all sums secured by this Security Instrument, Lender shall refund to Bormwer
any Funds held by Lender. 

4. Charges; Liens. Borrower-shall pay ail taxes, assessments, charges, fines, and impositicns attributable to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if
any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,
Borrower shall pay them in the manner provided in Section 3. .

Borrower shall discharge any lien which has priority over this Security instrument unless Borrower: 
agrees in suiting to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long
as Borrower is performing such agreement; contests the lien in good faith by, or defends against enforcement of the
lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those
proceedings are pending, but only until such proceedings are concluded; or secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security instrument. if Lender determines that any part of
the Property is subject to a lien which can attain priority over this Security instrument, Lender may give Borrower a
notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or
take one or more of the actions set forth above in this Section 4.

Lender may require Borrower to pay a one-time charge for a real estate tax verification andl'or reporting service
used by Lender in connection with this Loan.

5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by ?re, hazards Included within the term ?extended coverage,? and any other hazards
including, but not iimited to, earthquakes and ?oods, for which Lender requires insurance. This insurance shall be
maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires
pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the
insurance shall be chosen by Borrower subject to Lender?s right to disapprove Borrower's choice, which right shall not
be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: a one?time
charge for flood zone determination, certification and tracking services; or a one-time charge for ?ood zone
determination and certi?cation services and subsequent charges each time remappings or similar changes occur which
reasonably might effect such determination or certi?cation. Borrower shall also be responsible for the payment of any
fees imposed by the Federal Emergency Management Agency in connection with the review of any ?ood zone
determination resulting from an objection by Borrower.

lt?Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lender?s option and Borrower?s espense. Leader is under no obligation to purchase any particular type or amount of
coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower?s equity in
the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained
might signi?cantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender
under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall
bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be
subject to Lender?s right to disapprove such policies, shall include a standard mortgage clause, and shalt name Lender as
mortgagee andlor as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. if
Lender requires, Borrower shall give to Lender all receipts of paid premiums and renewal notices. if Bcn'ower
obtains any form l? insurance corerage, not otherwise required by Lender, for damage to, or destruction of, the Property,
such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/'or as an additional loss
payee.

in the extent of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if not made by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance
proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair ofthe

Family-Fannie hiae?ireddie Mac UNIFORM Stilt) [[01 {page 4 af?pages} 994227

 

 

Property, if the restoration or repair is economically feasible and Lender?s security is not lessened. During such repair
and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to
inspect such Property to ensure the work has been completed to Lender?s satisfaction, provided that such inspection shall
be undertaken Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on
such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the
insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible
or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the rumors, it? any, paid to Borrower. Such insurance proceeds shall be applied
in the order provided for in Section 2.

If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is
given. In either event, or lfLender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to
Lender Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or
this Security Instrument, and any other of Borrower?s rights (other than the right to any refund of unearned prenriums
paid by Borrower) under all insurance policies covering the Property, insofaras such rights are applicable to the coverage
of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security Instrument, whether or not then due.

6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower?s principal residence within
60 days alter the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year alter the date of occupancy, unless Lender otherwise agrees in uniting, which consent shall
not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower?s control.

7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Preperty to deteriorate or commit waste
on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property In order to
prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall repair the Property if damaged
to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to,
or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has
released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or
in a series of progress payments as the work is completed. if the insurance or condemnation proceeds are not sufficient to
repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or
restoration.

Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable
cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the
time of or prior to such an interior inspection specifying such reasonable cause.

8. Borrower?s Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower?s knowledge or consent gave
materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material
information) in connection with the Loan. Material representations include, but are not limited to, representations
concerning Borrower?s occupancy of the Property as Borrower?s principal residence.

9. Protection of Lender?s Interest in the Property and Rights-Under this Security Instrument. If
Borrower falls to perform the covenants and agreements contained in this Security Instrument, there is a legal
proceeding that might significantly affect Lender?s interest in the Property andlor rights under this Security Instrument
(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain
priority over this Security I or to enforce laws or regulations), or Borrower has abandoned the Property, then
Lender may do and pay for whatever is reasonable or appr?Opriate to protect Lender?s interest in the Property and rights
under this Security Instrument, including protecting and/or assessing the value of the Property, and securing andlor
repairing the Property. Lender's actions can include, but are not limited to: paying any sums secured by alien which
has priority over this Security In strumcnt; appearing in court; and paying reasonable attorneys? fees to protect its
interest in the Property andlor rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks,
replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous
conditions, and have utilities turned on orcff. Although Lender may take action under this Section 9, Lender does not

Family-?Fannie Mac UNIFORM Jul 0 not (page 5 ufrzpages) 994221

 

have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking
any or all actions authorized under this Section 9. 

Any amounts disbursed by Lender under this Section 9 shall become additional debt ofBorro'rvcr secured by this
Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borrower requesting payment.

If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires the title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the
merger in writing.

10. Mortgage Insurance. lfLender required Mortgage Insurance asa condition of making the Loan, Borrower
shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance
coverage required by Lender ceases to be available Item the mortgage insurer that previously provided such insurance
and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance
previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in
effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage insurance coverage is
not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due
when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-
refundable loss reserve in lieu of Mortgage Insurance. Such loss shall be non-refundable, notwithstanding the
fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on
suolr loss reserve. Lender can no longer require loss reserve payments if Mortgage insurance coverage (in the amount
and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained,
and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required
Mortgage insurance as acondition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage
Insurance in effect, or to provide a nourrcfu udahle loss reserve, until Lender's requirement for Mortgage Insurance ends
in accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 a??cets Borrower?s obligation to pay interest atthe
rate provided in the Note.

Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.

Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other party (or parties} to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may
have available (which may include funds obtained from Mortgage Insurance premiums).

As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other
entity, or any affiliate of any of the foregoing, may receive {directly or indirectly) amounts that derive ?our (or might be
characterized as) a portion of Borrower": payments for Mortgage Insurance, in exchange for sharing or modifying the
mortgage insurer?s risk, or reducing losses. lt?sueh agreement provides that an a?iliate of Lender takes a share of the
insurer?s risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed ?captive
reinsurance." Further:

Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms ofthc Loan. Such agreements will not increase the amount Borrower will owe for
Mortgage Insurance, and they will not entitle Borrower to any refund.

Any such agreements will not affect the rights Borrower has if any?with respect to the Mortgage
Insurance under the Homeowners Protection Act 01?1993 or any other laerhcse rights may include the right to
receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage
Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiunrs that were
unearned at the time of such cancellation or termination. 

11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
and shall be paid to Lender.

It?the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,
if the restoration or repair is economically feasible and Lender?s security is not lessened. During such repair and
restoration period, Lcndershall have the right to hold such Miscellaneous Proceeds until Lenderhas had an opportunity

Family-Fannie MaciFreddlc Mac UNIFORM 3010 ?'01 (page 6 of?pugcs) NMLSII 994227

 

 

to inspect such Property to ensure the work has been completed to Lender?s satisfaction, provided that such inspection
shall be undertaken Lender may pay For the repairs and restoration in a single disbursement or in a series of
progress payments as the work is completed. Unless an agreement is made in writing orAppIicabie Law requires interest
to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrowerany interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender?s security would be lessened,
the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,
with the excess, if any, paid to Bon'otver. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.

In the event ot?a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
BorrOWe r.

In the event ofa partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partlal taking, destruction, or loss in value is equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: the total amount of the sums secured
immediately before the partial taking, destruction, or loss in value divided by the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.

In the event ot?a partial taking, destruction, or toss in value of the Property in which the fair market value ofthe
Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in
writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the
sums are then due.

if the Property is abandoned by Borrower, or it', after notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender
within 30 days alter the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds
either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due.
?Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower
has a right of action in regard to Miscellaneous Proceeds.

Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender?s
judgment, could result in forfeiture of the Property or other material impairment of Lender?s interest in the Property or
rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as
provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in 
precludes forfeiture of the Property or other material impairment of Lender?s interest in the Property or rights under this
Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment ofLender?s
interest in the Property are hereby assigned and shall be paid to Lender.

All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the
order provided for in Section 2.

12. Borrower Not Released; Forbearance By Lend or Not a Waiver. Extension ct?thc time for payment or
modi?cation of amortization ofthe sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of
Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to
refuse to extend time for payment or otherwise modify amortization ofthe sums secured by this Security Instrument by
reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by
Lender in exercising any right or remedy including, without limitation, Lender?s acceptance of payments from third
persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver
of or preclude the exercise of any right or remedy.

13. Joint and Several Liability; Co-sigucrs; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower?s obligations and liability shall bcjoint and several. However, any Borrower who co-signs this
Security Instrument but does not execute the Note (a is era-signing this Security instrument only to
mortgage, grant and convey the co-stgner?s interest in the Property under the terms of this Security instrument; is not
personally obligated to pay the sums secured by this Security Instrument; and agrees that Lender and any other
Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without the co-signer?s consent.

FLORIDA-singleFamily-manure MaefFreddie Mae UNIFORM 3010 not (page 7ofi2pagcs)NMLS# 994227

 

 

Subject to the provisions of Section IS, any Successor in Interest of Borrower who assumes Borrower?s
obligations trader this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower?s rights and
benefits under this Security Instrument. Borrower shall not be released from Borrower?s obligations and liability under
this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security
Instrument shall bind (except as provided in Section 20) and bene?t the successors and assigns of Leader.

14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower?s
default, for the purpose of protecting Lender?s interest in the Property and _rights under this Security Instrument,
including, but not limited to, attorneys' fees, property inspection and valuation fees. in regard to any other fees, the
absence of express authority in this Security instrument to charge a specific fee-to Borrower shall not be construed as a
prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security
instrument or by Applicable Law.

If the Loan is subject to a law which sets maximum loan charges, and that law is ?nally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then:
any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and any
sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may
choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If
a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether
or not a prepayment charge is provided for under the Note). Borrower?s acceptance of any such refund made by direct
payment to Borrower will constitute a ivaIVer of any right of action Borrower might hays arising out of such overcharge.

15. Notices. All notices given by Borrower or Lender in connection with this Security instrument must be in
Writing. Any notice to Borrower shall be served upon Borrower?s appointed agent (?Borrower"s Agent") as set forth in
that certain Appointment of Agent dated of even date herewith (?Appointment of Agent?), in connection with this
Security Instrument shall be deemed to have been given to Borrower?s Agent when mailed by first class mail or when
actually delivered to Borrower?s Agent notice address as set forth in the Appointment of Agent, if sent by other means.
Notice to any one Borrowershali constitute notice to all Borrowers unless Applicable Law expressly requires otherwise.
The notice address shall be the address as set forth in the Appointment of Agent unless Borrower has designated a
substitute notice address by notice to Lender. Borrower shall notify Lender ofclrange to the Borrower's Agent
or the Borrower?s Agent?s address. If Lender speci?es a procedure for reporting Borrower?s change of address, then
Borrower shall only report a change of address through that speci?ed procedure. There may be only one designated
notice address under this Security Instrument at any onetime. Any notice to Lender shall be given by delivering it or by
mailing it by ?rst class mail to Lender?s address stated herein unless Lender has designated another address by notice to
Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until
actually received by Lender. if any notice required by this Security Instrument is also required under Applicable Law,
the Applicable Law requirement will satisfy the corresponding requirement under this Security instrument.

16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of thejurisdiction in which the Property is located. All rights and obligations contained in this
Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly
or implicitly allow the parties to agree by contract or it might be silent, but such silence strait not be construed as a
prohibition against agreement by contract. In the event that any provision or clause of this Security instrument or the
Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrumentor the Note
which can be given effect without the con?icting provision.

As used in this Security Instrument: words of the masculine gender shall mean and include corresponding
neuter words or words of the feminine gender; words in the singular shall mean and include the plural and vice vets. 
and the word ?may? gives sole discretion without any obligation to take any action.

17. Borrower?s Copy. Borrower shall be given one copy of the Note and of this Security instrument.

18. Transfer of the Property or a Bene?cial Interest in Borrower.- As used in this Section 18, ?interest in
the Property? means any legal or bene?cial interest in the Property, including, but not limited to, those bene?cial interests
transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the
transfer of title by Borrower at a future date to a purchaser.

lfaIl or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender
may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall notbe
exercised by Lender if such exercise is prohibited by Applicable Law.

if Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower

Fami 3r..Fannie lilac UNIFORM 3010 1101 (mgr 8 of12pagrs)NMLSii 994227

 

must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitted by this Security instrument without ?trther notice or demand on
Borrower.

I9. Borrower?s Right to Reinstate After Acceleration. IfBorrower meets certain conditions, Borrower shall
have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: ?ve
days before sale of the i?roperty pursuant to any power of sale contained in this Security Instrument; such other period
as Applicable Law might specify forthe termination ofBorrower?s right to reinstate; or entry ofajudgment enforcing
this Security Instrument. Those conditions are that Borrower: pays Lender all sums which then would be due under
this Security Instrument and the Note as if no acceleration had occurred; cures any default of any other covenants or
agreements; pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable
attorneys? fees. property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender?s
interest in the Property and rights under this Security Instrument; and takes such action as Lender may reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower?s
obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that
Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender:
cash money order; certi tied check, bank check, lrcasurer?s check or cashier?s check, provided any such check
is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security instrument and obligations secured hereby shall remain
?rlly effective as if no acceleration had occurred. HoweVer, this right to reinstate shatl not apply in the case of
acceleration under Section 18.

20. Sale ofNotc; Change of Loan Set-ricer; Notice of Grievance. The Note ora partiai interest in the Note
{together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
resuit in a change in the entity (known as the ?Loan Servicer") that collects Periodic Payments due under the Note and
this Security Instrument and performs other mortgage loan servicing obiigations under tthote, this Security Instrument,
and Applicable Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale ofthc Note. If
there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and
address of the new Loan Serviccr, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
Loan Selvicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with
the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
othenvise provided by the Note purchaser. 

Neither Borrower nor Lender may commence,join, or be joined to anyjudicial action (as either an individual
litigant or the member of a class) that arises from the other party?s actions pursuant to this Security Instrument or that
aIleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until
such Borrower or Lender has noti?ed the other party (with such notice given in compliance with the requirements of
Section of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice
to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,
that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to care given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant
to Section 18 shall be deemed to satisfy the notice and opportunity to take correctiVe action provisions of this Section 20.

21. Hazardous Substances. As used in this Section 21: ?Hazardous Substances? are those substances
de?ned as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
gasoline, kerosene, other ?ammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials; ?Environmental Law? means federal laws
and laws of thejurisdiction where the Property is located that relate to health, safety or environmental protection; 
?Environmental Cieanup? includes any response action, remedial action, or removal action, as de?ned in Environmental
Law; and an ?Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.

FLORIDrko-Si?gic Family--Fanu e MaelFredtlie Mite UNIFORM {page 9 qf?prrges) 994227

 

 

Borrower shall not cause or permit the presence, use, disposal, storage, or rel case of any Hazardous Substances,
or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to
do, anything affecting the Property that is in violation of any Environmental Law, which creates an Environmental
Condition, or which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adverseiy
a?'ects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the
Property of small quantities of i-iazar?dous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer
products):

Borrower shalt give Lender written notice of(a) any investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge, (bl any Environmental Condition, including but not
limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and any condition
caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If
Borrower learns, or is noti?ed by any governmental or regulatory authority, or any private party, that any removal or
other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall take all
necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender
for an Environmental Cleanup,

NON-UNIFORM COVENANTS. Borrower and Lender further optimum and agree as follows:

22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under
Section 18 unless Applicable Law provides otherwise). The notice shall specify: the default; the action
required to cure the default; to) a date, not less than 30 days from the date the notice is given to Borrower, by
which the default must be cured; and that failure to cure the default on or before the date specified in the
notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial
proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after
acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date speci?ed in
the notice, Lender at its option may require immediate payment in full of all sums secured by this Security
Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender
shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,
but not limited to, reasonable attorneys? fees and costs of title evidence.

23. Release. Upon payment of all stuns secured by this Security instrument, Lendershall release this Security
instrument. Borrower shall pay any rceordntion costs. Lender may charge Borrower a fee for releasing this Security
instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under
Applicable Law.

24. Attorneys? Fees. As Used in this Security Instrument and the Note, attorneys? fees shall include those
awarded by an appellate court and any attorneys? fees incurred in a bankruptcy proceeding.

25. Jury Trial Waiver. Tire Borrower hereby waives any right to a trial by jury in any action,
proceeding, claim, or counterclaim, whether in contract or tort, of law or in equity, arising out of or in any way
related to this Security Instrument or the Note.

Family-Fannie MaelFredrlle Mac UNIFORM Jill 0 ?Di Image ID of 12130391) 994227

 

Balloon Mortgage This Mortgage has a Balloon Payment. The Balloon Payment will be due
on December 1, 2018 in the amount of $812,500.00 plus accumulated interest.

BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.

Signed, sealed and delivered, in the presence of:

WITNESSES: BORROWER:

      

Chance Anthem LLC, :1 Florid' li liability

cla??s?' 
3C6: gill company
MCDANIW

 

   

 

STATE OF FLORIDA 

. 
COUNTY OF E: lm Ema (if.

The foregoing instlument was acknowledged befone me this (E day of Norember, 2015, by Jerri ey M.

Siskiud, Managing Membei ofCh. nce Anth LLC. a tide limited liability company, who is personally
known to me or produced EL identi?KKWi/f)


?Ii

.r'??tme?g A MCDANIEL

"i 5'3 MY COMMISSION time?MAW
hf ue?' Notary Public, State of

mt; ?3 20? Commission No. it}: 

om

 

 

 

 

 

 

 

Fan1ily-~Fannia Mac UNIFORM INSTRUMENT Form 3010 IIOI {page I ofupwgex) 994227

 

 

EXHIBIT A 

Lot 2, South?elds Phase I of Palm Beach Polo and Country Chlb- Wellington Country Place? according to the
map or plat thereof, as recordec? in Plat Book 39, Page(s) 19 through 22, inclusive, ofthc Public Records ofPaIm Beach
County, Florida.

Farce} lDi?: 

Family-Fannie Mac UNIFORM IN 3010 ?01 (page #2 af?pdgn) 994227

 

1-4 FANIILY RIDER
(Assignment of Rents)

THIS t-4 FAMILY is made this day of November, 20 15, and is incorporated into and shall be deemed to
amend and supplement the Mortgage, Deed of?l?rust, or Security Deed (the ?Security Instrument?) ofthe same date given by the
undersigned (the ?Borrower-?j to secure Borrower?s Note to New Wave Loans Residential, LLC (Series: a
Delaware limited liability company (the ?Lender?) of the same date and covering the Property described in the Security
Instrument and located at:

3445 Santa Barbara Dr?ire, Wellington, FL 33414
[the Address?]

1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower
and Lender further covenant and agree as follows:

A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the
Property described in Security Instrument, the following items now or hereafter attached to the Property to the extent they
are fixtures are added to the description, and shall also constitute the Property covered by the Security
instrument: building materials, appliances and goods ofervery nature whatsoever now or hereafter located in, on, or used,
or intended to housed in connection with the Property, including, but not limited to, those for the purposes of? supplying
ordistributlng heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security
and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges. stoves, refrigerators,
dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and
curtain rods, attached mirrors, cabinets, paneling and attached floor correrings, all of which, including replacements and
additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the
foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security
Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the ?Property.?

B. USE OF COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a
change in the use of the Property or its zoning classi?cation, unless Lender has agreed in Writing to the change. Borrower
shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the
Property.

C. SUBORDINATE LIENS. Except as permitted by federal law, Borrowershall not allow any lien inferior
to the Security Instrument to be perfected against the Property without Lender?s prior written permission.

D. RENT LOSS Borrower shall maintain insurance against rent loss in addition to the other
hazards for which insurance is required by Section 5. 

E. RIGHT TO DELETED. Section [9 is deleted.

F. OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6
concerning Borrower?s occupancy of the Property is deleted.

G. ASSIGNMENT 0F LEASES. Upon Lender?s request after default, Borrower shall assign to Lender all
leases cfthe i?roperty and all security deposits made In connection with leases of the Property. Upon the assignment,
Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender?s sole
discretion. As used in this paragraph G, the word ?lease? shall mean ?sublease? if the Security Instrument is on a
leasehold. -

H. ASSIGNMENT APPOINTMENT OF LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (?Rents?) ol? the
Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to
collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Leader or Lender?s agents. However,
Borrower shall receive the Rents until Lender has given Borrbwer notice of default pursuant to Section 22 of the
Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender?s
agent. This assignment of Rents an absolute assignment and not an assignment for additional security only.

IfLender gives notice ofdcfault to Borrower: all Rents received by Borrower-shall be held by Borrower as
trustee for the bene?t of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be
entitled to collect and receive all of the Rents of the Property; Borrower agrees that each tenant of the Property shall
pay all Rents due and unpaid to Lender or Lender?s agents upon Lender?s written demand to the tenant; (iv) unless

FAMILY RIDER-vFannie Maeffr?rcddie Mac UNIFORM INSTRUMENT Form 3170 Hill (page I of 2 pages)

 

applicable law provides otherwise, all Rents collected by Lender or Lender?s agents shall be appiied ?rst to the costs of
taking control of and managing the Preperty and collecting tlte Rents, including, but not limited to, attorney?s fees,
receiver ?3 fees, premiums on receiver?s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and
otlter charges on the Property, and then to the sums secured by the Security Instrument; Lender, Lender?s agents or
anyjudicially appointed receiver shail be liable to account for only those Rents actuaily received; and (vi) Lender shall be
entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and pro?ts
derived item the Property without any showing as to the inadequacy of the Property as security.

If the Rents of the Property me not suf?cient to cover the costs of taking control of and managing the Property
and of coliecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to
Lender secured by the Security Instrument pursuant to Section 9.

Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not
performed, and will not perform, any act that could prevent Lender front exercising its rights under this paragraph.

Lender, or Lender?s agents or ajudiciaily appointed receiver, shall not be required to enter upon, take control of
or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender?s agents or a
judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or
waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall
terminate when all the sums secured by the Security Instrument are paid in fuli.

I. CROSS-DEFAULT PROVISION. Borrower?s default or breach under any note or agreement in which
Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies

permitted by the Security Instrument.

BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 Family Rider.

Chance Anthem LLC, a ttla limited llnbi company -Borrower
By: 

Jel?l?reMsltind, 

 

1-4 FAMILY RiDER?-annlc Mac UNIFORM INSTRUMENT Form 3170 Hill ?ange 2 af2pages)

 

 

ADJUSTABLE RATE RIDER
(I Year Treasury Index -- Rate Caps)

THIS ADJUSTABLE RATE RIDER is made this day of November, 2015, and is incorporated into and
shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the ?Security instrument?) of
the same date given by Chance 3.: Anthem LLC, a Florida limited liability company (the ?Ber-rower?) to secure
Borrower?s Adjustable RatcNotc (the ?Note?) to New Wave Loans Residential, LLC (Series: Sis-kind), a Delaware
limited liability company (the ?Lender") of the same date and covering the property described in the Security instrument
and located at:

3445 Santa Barbara Drive, Wellington, FL 33414
[the ?Property Address"]

THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST
RATE AND THE PAYMENT. THE NOTE LIMITS THE AMOUNT THE .
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE
MAXIMUM RATE THE BORROWER MUST PAY.

ADDITIONAL COVENANTS. in addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further cot'enant and agree as follows:

A. INTEREST RATE AND PAYMENT CHANGES

The Note provides for an initial interest rate The Note provides for changes in the interest rate and
the payments as follows:

INTEREST RATE AND PAYMENT CHANGES

(A) Change Dates

The interest rate i will pay may change on the ?rst day of December I, 2016 and on that day every 3? month
thereafter. Each date on which my interest rate could change is called a ?Change Date.?

(B) The Index

Beginning with the first Change Date, my interest rate will be based on an Index. The ?index" is the weekly
average yictd on United States Treasury securities adjusted to a constant maturity of one year, as made available by the
Federai Reserve Board. The most recent index ?gure available as?ofthe date 60 days before each Change Date is called
the ?Current Index."

If the index is no longer available, the Note Holder will choose a new index which is based upon comparable
information. The Note Holder will give the notice of this choice.

(C) Calculation of Changes

Before each Change Date, the Note Holder will calculate my new interest rate by adding 8.740 percentage
points (8.740%) to the Current Index. Tire Note Holder will then round the result of this addition to the nearest 0.125%.

Subject to the limits stated in Section below, this rounded amount will be my new interest rate until the next Change
Date.

The Note Holder will then determine the amount of the payment that would be sufficient to repay the
unpaid principal that i am expected to owe at the Change Date in full on the maturity date at my new interest rate in
substantially equal payments. The result of this calculation will be the new amount of my payment.

(D) Limits on Interest Rate Changes

The interest rate 1 am required to pay at the ?rst Change Date will not be greater than 11.000% or less than
Ther?ea?cr. my interest rate will never be increased on any single Change Date by more than two percentage
points from the rate of interest i have been paying for the preceding 12 months. My interest rate will never be
greater than 13.0titi%.

- (E) Effective Date of Changes
My new interest rate will become effective on each Change Date. lwiil pay the amount oi" my new 

payment beginning on the ?rst payment date alter the Change Date until the amount of my payment
changes again.

994227

 

 

64?) Notice of Changes

The Note Holder wilt deliver or mail to me a notice of any changes in my interest rate and the amount of my
payment before the effective date of any change. The notice will include information required by law to be
given to me and also the title and telephone number of a person who wiil answer any question i may have regarding the

notice.

B. OF THE PROPERTY OR A BENEFICIAL INTEREST TN BORROWER

Section 13 of the Security Instrument is amended to read as follows:

Transfer-of the Property ora Bene?cial Interest in Borrower. As used in this Section 18, ?interest in the i?roperty? means
any legal or bene?cial interest in the Property, including, but not limited to, those bene?ciai interests transferred in a
bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofvdtich is the transfer of title
by at a future date to a purchaser.

If all or any part of the Property or any Interest in the Property is sold or transferred {or if Borrower is not a
natural person and a bene?cial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender
may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: 
Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new
loan were being made to the transferee; and Lend er reasonabiy determines in its sole discretion that Lender?s security
will not be impaired by the loan assumption and that the risk ofa breach of any covenant or agreement in this Security
instrument is acceptable to Lender.

To the extent permitted by Applicable Law, Lender may charge a reasonabie fee as a condition to Lender?s
consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in
this Security Instrument. Borrower will continue to be obligated under the Note and this Security instrument unless
Lender releases Borrower in writing.

If Lender exercises the option to require immediate payment in full, Lender shalt give Borrower notice of
acceleration. The notice snail provide a period of not less than 30 days from the date the notice is given in accordance
with Section 15 within which BorI?OWer must pay all stuns secured by this Security Instrument. if Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument
without further notice or demand on Borrower.

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

Rate Rider.
company

Jeffrey misread, Man ?lm?

BORROWER:

 

 
  

Chance 8.: Anthem LLC, a 

By:

 

99422.7

 

PLANNED UNIT DEVELOPMENT RIDER

THIS PLANNED UNIT DEVELOPIVIENT RIDER is made this day of November, 2015. and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the
?Security Instrument?) of the same date, given by the undersigned (the ?Borrower?) to secure Borrower's Note to
New Wave Loans Residential, LLC (Series: Sisltind), a Delaware limited liability company (the ?Lender"? of
the same date and covering the Property described in the Security instrument and [coated at:

3445 Santa Barbara Drive, Wellington, FL 33414
[Property Address]

The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other
such parcels and certain common areas and facilities, as described in the Declaration of Covenants, Restrictions 
Easements for the Planned Unit Development filed in the Public Records of Palm Beach County. (the

?Deciaration?).

The Property is a part of a planned unit development know
SOUTHFIELDS PALM BEACH POLO and COUNTRY CLUB ASSOCIATION. INC.
[Name of Planned Unit Development] -

{the Tire Property also includes Borrower?s interest in the homeowners association or equivalent entity
owning or managing the common areas and facilities of the PUD (the ?Owners Association?) and the uses, bene?ts
and proceeds of Borrower?s interest.

PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and
Lender covenant and agree as follows:

A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent
Documents. The ?Constituent Documents" are the Declaration; (ii) articles of incorporation, trust instrument or
any equivalent document which creates the Owners Association; and any by-iaws or other rules or regulations
of the Owners Association. Borrower shall pay, when due, all dues and assessments imposed pursuant to
the Constituent Documents.

B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a
?master" or ?blanket? policy insuring the Property which is satisfactory to Lender and which provides insurance
coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included
within the term ?extended coverage,? and any other hazards, including, but not limited to, earthquakes and ?oods,
for which Lender requires insurance, then: Lender waives the provision in Section 3 for the Periodic Payment to
Lender ot? the yearly premium installments for property insurance on the Property; and (ii) Borrower?s obligation
under Section 5 to maintain property insurance coverage on the Property is deemed satis?ed to the extent that the
required coverage is provided by the Owners Association policy.

What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shall give Lender prompt notice of any lapse in required property insurance cayerage provided by the
master or blanket policy.

in the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the
Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and
shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or
not then titre, with the excess, if any, paid to Borrower.

C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to ensure that the Owners
Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to
Lender.

 

D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower
in connection with any condemnation or other taking of all or any part of the Property or the common areas and
facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to
Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in
Section 11. .

E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written
consent, either partition or subdivide the Property or consent to: the abandonment or termination of the PUD,
except for abandonment or termination required by law in the case of substantial destruction by ?re or other casualty
or in the ease of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the
?Constituent Documents? if the provision is for the espress bene?t of Lender; termination of professional
management and assumption of self-management of the Owners Association; or (iv) any action which would have
the effect of rendering the public iiability insurance coverage maintained by the Owners Association unacceptable to
Lender.

F. Remedies. It? Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any
amounts disbursed by Lender under this paragraph shalt become additional debt of Borrower secured by the
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
from the date of disbursement at the Note rate and shatl be payable, with interest, upon notice from Lender to
Bot'lower requesting payment.

BY BELOW, Borroweraccepts and the terms and covenants contained in this PUD Rider.

 
   
 

  

Inited iinhili

Chance Anthem LLC, a company

 

By:
Jeffrey M. SEE-hind, Mnnag MW

PUD FatnilyrFannlc htnelFreddle Mac UNIFORM INSTRUMENT Form 3I50 gauge 2 ofzpages)
99-5227

 

 

PLANNED UNIT DEVELOPMENT RIDER

THIS PLANNED UNIT DEVELOPMENT moon is made this day of November, 2015, and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the
?Security Instrument?) of the same date, given by the undersigned (the ?Borrower?) to secure Borrower?s Note to
New Wave Loans Residential, LLC (Series: Sisltind), a Delaware limited liability company {the ?Lender") of
the same date and covering the Property described in the Security Instrument and located at:

3445 Santa Barbara Drive, Wellington, FL 33414
[Property Address]

The Property Includes, but is not limited to, a parcel of land improved with a together with other
such parcels and certain common areas and facilities, as described in the Declaration of Covenants, Restrictions 8:
Easements for the Planned Unit Development fried in the Public Records of Palm Beach County. (the
?Declaration?).

The Property is a part of a planned unit development know
PALM BEACH POLO and COUNTRY CLUB PROPERTY OWNERS ASSOCIATION, INC.
[Name of Planned Unit Development]

{the The Property also includes Borrower?s interest in the homeowners association or equivalent entity
owning or managing the common areas and facilities ol? the PUD (the ?Owners Association") and the uses, bene?ts
and proceeds of Borrower?s interest.

PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and
Lender further covenant and agree as follows:

A. PUD Obligations. Borrower shall perform all of Borrower?s obligations under the Constituent
Documents. The ?Constituent Documents? are the Declaration; (it) articles of incorporation, trust instrument or
any equivalent document which creates the Owners Association; and any by~laws or other rules or regulations
of the Owners Association. Borrower shall pay, when due, alI dues and assessments imposed pursuant to
the Constituent Documents.

B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, 3.
?master" or ?blanket? poiicy insuring the Property which is satisfactory to Lender and which provides insurance
coverage in the amounts (including deductible levels}, for the periods, and against loss by fire, hazards included
within the term ?extended coverage,? and any other hazards, including, but not limited to, earthquakes and floods,
for which Lender requires insurance, then: Lender waives the provision in'Section 3 for the Periodic Payment to
Lender of the yearly premium installments for property insurance on the Property; and (it) Borrower?s obligation
under Section 5 to maintain property insurance coverage on the Property is deemed satis?ed to the extent that the
required coverage is provided by the Owners Association policy.

What Lender requires as a condition of this waiver can change during the term ofthe loan.
Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the
master or blanket policy.

In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the
Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and
shall be paid to Lender. Lender strait apply the proceeds to the sums secured by the Security Instrument, whether or
not then due, with the excess, if any, paid to Borrower.

C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to ensure that the Owners
Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to
Lender.

 

 

D. Condemnation. The proceeds of any award or ciaim for damages, direct or consequential}, payable to Borrovrer
in connection with any condemnation or other taking of all or any part of the i?roperty or the common areas and
facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to
Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in
Section ii.

E. Lender's Prior Consent. Borrower shall not, exocpt after notice to Lender and with Lender?s prior written
consent, either partition or subdivide the Froperty or consent to; the abandonment or termination of the PUD,
eacept for abandonment or termination required by iaw in the case of substantial destruction by ?re or other casualty
or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the
?Constituent Documents? if the provision is for the espress bene?t of Lender; termination of professional
management and assumption of seif?management of the Owners Association; or (iv) any action which Would heats
the effect of rendering the public insurance coverage maintained by the Owners Association unacceptable to
Lender.

F. Remedies. lt' Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any
amounts disbursed by Lender under this paragraph shail become additional debt of Borrower secured by the
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to
Borrower requesting payment.

      
 

BY SIGNING BELOW, Borrower acce agrees the terms and covenants contained in this PUD Rider.

mited iiab?i ty company
By'

c??rcy M. Sisln'nd, hnging Member

Chance Anthem LLC, (la ii

PUD Family-Fannie MaefFreddte Mac UNIFORM Form 3150 (page 2 of2pnges)
Nb?llSl?t 994227 

 

PLANN ED UNIT DEVELOPMENT RIDER

THIS PLANNED UNIT DEVELOPMENT RIDER is made this day of November, 2015, and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the
?Security instrument?) of the same date, given by the undersigned (the ?Borrower"? to secure Borrower?s Note to
New Wave Loans Residential, LLC (Series: Siskind), a Delaware limited liability company (the ?Lender?) of
the same date and covering the Property described in the Security Instrument and located at:

3445 Santa Barbara Drive, Wellington, FL 33414
[Property Address]

The Property includes, but is not limited to, a parcel of land improved with a divelling, together with other
such parcels and certain common areas and facilities, as described in the Declaration of Covenants, Restrictions 
Easements for the Planned Unit Development ?led in the Public Records of Palm Beach County. (the
?Declaration?).

The Property is a part of a planned unit development know
WELLINGTON PROPERTY OEVNERS ASSOCIATION, INC.
[Nante of Planned Unit DeVelopment}

(the The Property also includes Borrower?s interest in the homeowners association or equivalent entity
owning or managing the common areas and facilities of the PUD (the ?Owners Association?) and the uses, benefits
and proceeds ol?Borrowcr?s interest.

PUD COVENANTS. in addition to the covenants and agreements made in the Security Instrument, Borrower and
Lender further covenant and agree as follows:

A. PUD Obligations. Borrower shalt perform all of Borrower's obligations under the Constituent
Documents. The ?Constituent Documents" are the (1) Declaration; (ii) articles of incorporation, trust instrument or
any equivalent document which creates the Owners Association; and any try-laws or other rules or regulations
of the Owners Association. Borrower shall pay, when due, all docs; and assessments imposed pursuant to
the Constituent Documents.

B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a
?master? or ?blanket? policy insuring the Property which is satisfactory to Lender and which provides insurance
coverage in the amounts (including deductible levels), for the periods, and against loss by tire, hazards included
within the term ?extended coverage,? and any other hazards, including, but not limited to, earthquakes and ?oods,
for which Lender requires insurance, then: Lender waives the provision in Section 3 for the Periodic Payment to
Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower?s obligation
under Section 5 to maintain property insurance coverage on the Property is deemed satis?ed to the extent that the
required coverage is provided by the Owners Association policy.

What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shalt give Lender prompt notice of any lapse in required property insurance coverage provided by the
master or blanket policy.

in the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the
Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and
shall be paid to Lender. Lender shali apply the proceeds to the sums secured by the Security instrument, whether or
not then due, with the excess, if any, paid to Borrower.

C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to ensure that the Owners
Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to

Lender.

 

 

D. Condemnation. he proceeds of any award or claim for damages, direct or consequential, payable to Borrower
in connection with any condemnation or other taking of all or any part of the Property or the common areas and
facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to
Lender. Such proceeds shall be applied by Lender to the sums secured by lhe Security Instrument as provided in
Section 11.

E. Lender?s Prior Consent. Borrower shall not, exeept after notice to Lender and with Lender?s prior written
consent, either partition or subdivide the Property or consent to: the abandonment or termination of the PUD,
except for abandonment or termination required by law in the caso of substantial destruction by ?re or other casualty
or in the case oi? a taking by condemnation or eminent domain; (ii) any amendment to any provision of the
?Constituent Documents? if the provision is for the express benefit of Lender; termination of professional
management and assumption of self-management of the Owners Association; or (iv) any action which would have
the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to
Lender.

F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any
amounts disbursed by Lender under this paragraph shall become additional debt of Borrower secured by the
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
item the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to
Borrower requesting payment.

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

 

 

MULTISTATE PUD Family-Fannie Moe UNIFORM INSTRUMENT Form 3150 Iwage 2 of2 pages}
994227

 

 

PLANNED UNIT DEVELOPMENT RIDER

THIS PLANNED UNIT DEVELOPMENT RIDER is made this day of November, 2015, and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of?l?rrIst, or Security Deed (the
?Security Instrument") of the same date, given by the undersigned (the ?Borrower?) to secure Borrower?s Note to
New Wave Loans Residential, LLC (Series: Sisltind), a Delaware limited liability company (the ?Lender"?) ol'
the same date and covering the Property described in the Security instrument and located at:

3445 Santa Barbara Drive, Wellington. FL 33414
[Property Address]

The Property includes, but is not limited to, a parcel of land improved with a dwelling, ingether with other
such parcels and certain common areas and facilities, as described in the Declaration of Covenants, Restrictions 
Easements for the Planned Unit Development ?led in the Public Records of Palm Beach County. (the
?Declaration?).

The Property is a part of' a planned unit development know
SECOND WELLINGTON INC.
[Name of Planned 

(the The Property also includes Borrower?s interest in the homeowners association or equivalent entity
owning or managing the common areas and facilities of the PUD (the ?Owners Association") and the uses, bene?ts
and proceeds of Borrower?s interest.

PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and
Lender covenant and agree as follows:

A. PUD Obligations. Borrower shall perform all of Borrower?s obligations under the Constituent
Documents. The ?Constituent Documents? are the Declaration; (ii) articles of incorporation, trust instrument or
any equivalent document which creates the Owners Association; and any by-Iaws or other rules or regulations
of the Owners Association. Borrower shall pay, when due, all dues and assessments imposed pursuant to
the Constituent Documents.-

B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, at
?roaster" or ?blanket? policy insuring the Property which is satisfactory to Lender and which provides insurance
coverage in the amounts (including deductible levels), for the periods, and against loss by tire, hazards included
within the term ?extended coverage," and any other hazards, including, but not limited to, earthquakes and ?oods,
for which Lender requires insurance, then: Lender waives the provision in Section 3 for the Periodic Payment to
Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower?s obligation
under Section 5 to maintain property insurance coverage on the Property is deemed satis?ed to the extent that the
required coverage is provided by the Owners Association policy.

What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the
master or blanket policy.

lo the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the
Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and
shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or
not then due, with the excess, if any, paid to Borrower.

C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to ensure that the Owners
Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to
Lender.

 

 

D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower
in connection with any condemnation or other taking of all or any part of the Property or the common arcas and
facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to
Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in
Section 

E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written
consent, either partition or subdivide the Property or consent to: the abandonment or termination of the PUD,
for abandonment or termination required by law in the case of substantial destruction by ?re or other casualty
or in the ease of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the
?Constituent Documents" if the provision is for the express bene?t of Lender; termination of professional
management and assumption of? self-management ot? the Owners Association; or (iv) any action which would have
the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to
Lender.

F. Remedies. if Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any
amounts disbursed by Lender under this paragraph shall become additional debt of Borrower secured by the
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
item the date of disbursement at the Note rate and shail be payable, with interest, upon notice from Lender to
Borrower requesting payment.

BY SIGNING BELOW, Borrower acce is and agrees to the terms and covenants contained in this PUD Rider.

Chance Anthem LLC company
By"

Jet?t'rey?NfSisttind, Ma :1 1 'Icinber

  
  

PUD Family--Fannie n'tnelFredtlie Mac UNIFORM Form 3150 Hill {page 2 
994227

 

CFN 20150417807

OR BK 27926 PG 1833
RECORDED 1111312015 10:56:39
Palm Beach County, FloridaI

AMT
RECORD AND Sharon R. Bock

CLERK 8t COMPTROLLER
New Wave Loans Residential, LLC 1833-1841; (QPQS)
1335 NE Miami Gardens Drive, Suite 45]
North Miami Beach, Florida 33179 3
THIS PREPARED BY: 

i

Staci J. Rutman, Esq. i

Law Of?ce ot?Siaci J. Rutman PA.
500 South Pointe Drive, Suite 230
Miami Beach, FL 33139 i



[Space above line reserved for recording o?ice use]

ASSIGNMENT 0F RENTS, LEASES AND PROFITS
(IMPROVED PROPERTY LOCATED IN THE STATE OF 

THIS ASSIGNMENT 0F RENTS, LEASES AND PROFITS (the ?Assignment? is made as of the day of
November, 2015 by and between Chance Anthem LLC, a Florida limited iiability company 
having an address orszs S. Flagicr Drive, Suite 501, West Palm Beach, FL 334m and New Wave Loans Residential;
LLC (Series: Sisitind}, a DeIaWare limited liability company, having an address 01?1335 NE Miami Gardens Drive, Suite
451, North Miami Beach, FL 33 (the ?Lender" such term to include subsequent holders, if any, ofthc Promissory
Note which this Assignment secures).

1143mm

A. Borrower is obtaining ?nancing from Lender on this date and is cneumberlng the real property legally
described in Exhibit attached hereto and made a part hereof, the improvements thereon, and all personal property
used in connection therewith (hereinafter collectively the "Property?).

. Borrower, in connection therewith, has eXecuted a Promissory Note (herei na tier the Note?) on this i
same date. payable to the order of the Lender, in the principal amount of EIGHT HUNDRED TWELVE THOUSAND 
FW HUNDRED AND non on OLLARS a Mortgage (hereinafter the "Mortgage") encumber'tng
the Pro petty; and to) certain other documents creating liens, granting security interests, or otherwise evidencing or
securing the loan (hereinaiicr the ?Loan?) by Lender to Borrower (all of which such documents, whether or not listed in
the preceding sentence, are hereinafter collectively referred to as the ?Loan Documents").

0. in order to induce Lender to make the Loan, Borrower has agreed to make the assignment herein as
primary and not as secondary security for theNote.

- .

harem
1. to order to induce Lender to make the Loan, and as a condition to the making of the Loan and in consideration
thereof, Borrower hereby agrees that the foregoing recitals are true and correct, and incorporated herein by reference, and 

Borrower covenants, warrants and agrees as follows:

 

8. Assignment. Borrower, as assignor, hereby unconditionally grants unto the Lender, Iicn
upon the rents and does ?trthor assign, transfer and set over unto Lender, as assignee, all of its right, this and interest In
any and all of the t?oilowing, whether new or hereaticr acquired: 
i NhiLSii 994217
11315132,? .11: :rje" 'r'swnt, - - ., - ?or; - 

Erihi?it 

 

 

 

i. All leases and tenancies of all or any portions of the Property, whether written, oral or implied

and whether new or hereafter entered into; all rights to use, possess, sell, rent, operate, lease, sublease or otherwise

dispose of all or any part of the property rights and leasehold estates under the leases and tenancies; all security deposits

and other deposits held by Borrower pursuant to terms of' the leases and tenancies; and any Full or partial guaranties of

any lease obligations by any person or entity, together with all of the rights of the to modify, terminate or
accept a surrender of any of the leases and tenancies (collectively the ?Leases?); and

ii. All rents and other payments which are due or which become due under any ot?lhe Leases,
including any and all percentage rents, additional rents, payments of tenants. shares of common expenses, taxes and
insurance, and all rights of Borrower to reduce, abate or accept a prepayment of all or any of the rents or other amounts
payable by the tenants under the Leases {collectively the ?Rents?); and

All management contracts, service contracts, maintenance contracts, insurance policies and
other contract rights which now exist or which may hereafter come into existence relating to the Property or any part
thereof, together with any and all sales, assignments and proceeds thereof and all modi?cations, extensions, or renewals
thereof (collectively the ?Contracts"); and

iv. All of the sales proceeds, rents, issues, pro?ts, and other proceeds now due and which may
hereafter become due under or by virtue of any sale or sale agreement, whether written ororal, or any letting or subletting
or any agreement for the use of or occupancy of any part of the Property which may exist at any time between the
Borrower and any purchaser, tenant oroccupant of any part of the Property or any person or entity regarding the use or
rental of personally or improvements which may be or become a part of the Property; and all other income, profits,
assessments and other fees and charges arising from the Leases or the Property and the bene?ts of any and all guaranties
thereof (collectively the ?Pro?ts?); and

All rights to use and possess, sell, rent, let, lease orctherwise dispose of or deal with any or all of the
Property or other rights or interests pledged pursuant to the Loan Documents, which may now or hereafter be available
for the use of purchasers, such tenants as may be approved by Leader, or the operations of the Property. The Leases,
Rents, Contracts and Pro?ts, together with all other matters described in this Section I, are hereinafter collectively the
?Collateral.?

2. Term of Assignment. This Assignment shall remain in effect until the Note is paid in full and all other
obligations contained in any of the Loan Documents are fully and completely satis?ed; or this Assignment is
voluntarily released by Lender (without thereby implying any intention oi'l.cnder to do so prior to payment in full of the
Note). If at any time payment of any amounts paid under any of the Loan Documents is rescinded or must otherwise be
restored or returned by Lender upon the insolvency, bankruptcy or reorganization of Borrower or under any other
circumstances, this Assignment shall continue to be effective or shalt (i previously terminated) be reinstated, as the case
may be, as it? such payment had not been made, notwithstanding the release of this Assignment of public record. No
judgment or decree which may be entered on any debt secured or intended to be secured by the Mortgage or any other
Loan Documents shall lessen the effect of this instrument. This Assignment shall remain in full effect during the
pendency of any foreclosure proceedings under the Mortgage or any ofthc other Loan Documents, both before and alter
the sale, until the issuance of a certi?cate of title to the foreclosure sale purchaser.

3. Rights of Borrower Prior to Default. As of the execution ofthis Assignment and until Lender noti?es Borrower
or other parties as provided below, and further makes demand upon and provided that no Event ochfault has occurred
which remains uncured, Lender elects not to collect the Rents or Pro?ts, or the amounts payable under the Leases or
Contracts, directly item the tenants and otherparties making such payments, but rather shall have a lien against same in
accordance with Florida Statutes. Lender agrees that Borrower may collect the Rents and Pro?ts, and the amounts
payable under the Leases and Contracts, upon, but not prior to, the times such payments accrue. Borrower shall hold all
such amounts received by it in trust, however, for the bene?t of Lender. Borrower constants to apply the amounts so
collected ?rst to the payment of the Note as payments become due thereon, and second to other obligations of Borrower
under the Loan Documents as such obligations become payable, and third to the payment of all taxes, assessments and
reasonable operating expenses of the Property. However, ifa defau it occurs in the making of any payments due under the
Note or such other Event of Default (as that term is de?ned in the Note or the Mortgage) occurs, then Lender shall have

the rights speci?ed below.

2 994227

 

4. Borrower?s Covenants. Borrower covenants and agrees as follows:

a. Lender shall not in any way be responsible for the condition or maintenance of the Collateral or any
failure to do any or all of the actions for which rights, interests, powers and authority are herein granted. Lender will be
liable only for such payments and proceeds as it actually receives under the terms hereof. Borrower wilt make no claim
against Lender respecting the Collateral and shall defend and indemnify Lender against any claims by third parties against
Lender alleging any liability of Lender for any of the matters described in this Section 4. The failure of Lender to take
any of the actions or exorcise any of the rights, interest, powers andl'or authority granted to Lender hereunder, shall not be
construed to be a waiver of any of the rights, interest, powers, or authority granted to Lender hereunder.

b. Borrower will execute upon the request of Lender any and all ?rrther documents, assignments or
instruments which Lender deems appropriate or necessary to evidence or effectuate this Assignment or grant or con?rm
the right and authority assigned to Lender hereunder.

c. During the term of this Assignment, Borrower will not remove or cause or allow to be removed from
the Property any of the personalty or improvements on or used in connection with the Property, except as may be
permitted in the Mortgage. 

d. Borrower speci?cally gives its consent and authorization to any court of competent jurisdiction to
issue, by hearing, such order or orders as may be appropriate or necessary to enforce the terms of this
Assignment, granting to Lender such powers, orders or authority as Lender shail need to desire to enforce this
Assignment. Any such Court is directed not to require any bond of Lender, the parties agreeing that time isof the essence
to protect the interests of Lender and Borrower. -

e. Borrower will, at Borrower's sole cost and expense, appear in and defend any action growl ng out of or
in any manner connected with any of the Leases, Rents, Contracts, Pro?ts, or any ofthc obligations or liabilities of the
Borrower or any persons in connection therewith.

Borrower will ful?ll and perform each and every obligation which is incumbent upon Borrmver as
iessor or other contracting party under all Leases and Contracts.

g. Borrower will enforce, at its sole cost and expense, short of termination of any of the Leases or
Contracts, the performance and observance of each and every covenant and condition required under the Leases or
Contracts.

5. Representations and Warranties: Additional Covenants. Borrower makes the following representations and
warranties to Lender, and enters into the following additional covenants, with the intention and expectation that Lender

will rely upon the same in entering into this Assignment:

a. Borrower knows of no present material defaults in the performance of any ofthe terms and conditions
contained in the Leases or Contracts.

to. Borrower has not executed any prior assignments of any of the Leases, Contracts, Rents, or Profits or
any payments due thereunder and will not in the future execute any assignments of the same or any payments thereunder,
other than this Assignment. 

c. Borrower has not performed any acts or executed any other documents, and will ncttake any action or
execute any other documents, which might prevent, limit or restrict Lender from enforcing any of the terms or conditions
of this Assignment, exercising any of its rights or remedies hereunder, functioning as the successor to Borrower under the
Leases or Contracts, or collecting the Rents and Pro?ts in the event ot?dcfault, as provided herein.

d. Borrower has not executed or granted any modification or amendment to any of the Leases or
Contracts, or Lease guaranties and witl not amend or modify the same in any way which limits or eliminates any rights to
payments or performance thereunder.

3 - 994221

 

e. Borrower will not enter into any new Leases without having ?rst obtained Lender?s prior written
consent, which may be withhold subject to Lender?s sole discretion.

No security deposits made by any tenants or iessees under any of the Leases have been transferred to
the Lender. Borrower agrees that Lender shall not be liable for any security so deposited unless and until Lender actually
receives the deposit amounts.

g. Borrower has not collected or anticipated any rentals or other payments under any ot?the Leases and
Contracts, except for security deposits, for a period of time in excess of one (1) month prior to the accrual of such rental

or payment.

h. Borrower will not grant any rent concessions or discount any future accruing rents, except as may be
expressly approved in writing by Lender, subject, however, to Lender?s sole discretion.

i. Ail Leases and the tenants? rights thereunder are subject to, subordinate and inferior to this Mortgage
and the Loan Documents.

Borrower will, upon request, ?n?nisir Lender with a current rent roll of the Property and annuat operating
statements of income and expenses, including rent schedules, in such detail as may be reasonably required by Lender.

j. Borrower agrees to furnish Lender with copies of all signed Lenses immediately upon request.

it. Borrower will not consent to any assignment or subletting under the Leases without Lender?s prior
Written consent.

Borrower will not enforce the Leases, except in compliance with all applicable laws. Furthermore,
Borrower wiil not initiate any litigation, tile pleadings or otherwise engage in any suit or proceedings without ?rst
obtaining Lender?s written consent.

6. Events of Default. An event of default shall exist under this Assignment upon the happening of any one or more
of the following events (each an ?Event of Default?):

a. Failure of Borrower to pay any principal or interest on or other amount due under the Note within no
later than ten (10) days from when the same is due, whether at maturity, by acceleration or otherwise.

b. An Event of Default, as de?ned in the Note or the Mortgage, occurs.
c. Breach of any one of Borrower?s covenants, obligations, warranties or representations under this
Assignment.

7. Lender?s Remedies Upon Default.

a. Upon the occurrence of an Event of Default as de?ned above, and a?er written demand by the Lender,
Borrower?s right to collect and retain the Rents and Profits shall immediately terminate, and Lender?s rights under the
assignments created by this Assignment shall become fully cft?eetive. Lender will have the right at its Option to enforce
and to exercise any or all of its rights under this Assignment or otherwise, and all rights under law, including, without
limitation, the remedies afforded under Section $5697.07, Florida Statutes, but Borrower expressly agrees that Lender?s
exercise of any rights hereunder or Lender?s af?rmative act to collect the Rents, Pro?ts or other income shall not be a
prerequisite or precondition to the ?ll! effectiveness and enforceability of Lender?s rights hereunder.

b. In such event, and upon Lender?s election, Borrower shall-detiver to Lender all of the Leases and
Contracts. Any oral Leases or Contracts shall be described in a writing delivered by Borrower to Lender, although
Lender, at its sole option, may elect not to be bound by any such oral agreements.

4 994 227

 

 

e. Lender, at its option, after complyingwith Section ?697.07, Florida Statutes, shall have the right and is
hereby authorized to: take possession and control ot?the Property; manage and operate the Property; presewe
and maintain the Property; make repairs and improvements to the Property which Lender at its sole discretion deems
necessary; collect all Rents and Pro?ts fiom the Property; (1) eject tenants or repossess personal property, as provided
by law, for breaches of the conditions of the Leases or other Contracts; in the name of either Bon?oweror Lendcrenter
into real or personal property leases or tenancy agreements, or other contracts or agreements, with such third parties as
Lender may at its sole discretion select, and upon such terms and conditions as Lender in its sole discretion may
determine; sue for unpaid Rents, Pro?ts or other payments or proceeds in the name of Borrower or Lender; 
maintain actions for possession of property or for Rent; compromise or give acquittanee for Rents, Pro?ts or other
payments or proceeds that may become due; maintain suits on Leases, Contracts and other agreements; delegate
any and all rights and powers given to Lender by this Assignment; have a receiver appointed; and in) use such
measures, legal or equitable, as in its sole discretion may carry out and effectuate the provisions of this Assignment. All
such actions shall be taken at the sole expense of the Borrower with interest thereon from the date of expenditure at the
Default Rate stated in the Note, with all such monies due and payable upon demand.

8. Instructions to Lessees and Other Parties. This Assignment constitutes an express direction to and full authority
to any lessee, tenant or other contracting party to pay directly to Lender, upon Lender?s request and comptiance with
Section 93697.67, Florida Statutes, alt Rents, Pro?ts and other amounts which may be or become due to Borrower. No
additional proof of default shalt be required. Any lessee, tenant, or other contracting party is hereby irrevocably
authorized to rely upon and comply with any notice or demand by the Lender for the payment to the Lender of any rental
or other amounts which may be or become due under its Lease or Contract, or for the of any obligations
under such Lease or Contract. The lessee or other contracting party shall not be liable to Borrower, or any person
claiming under Borrower, for making any payment or rendering any performance to Lender. The lessee or other
contracting party shall inure no obligation or right to inquire whether any default has actually occurred or is then existing.
By its execution of this Assignment, Borrower irrevocably joins in, consents to and makes and delivers the above
instructions to all of its tenants and other parties under the Leases and Contracts.

9. Application of income. The Rents and Profits collected and received by Lender may be applied as follows, in
whatever order Lender in its sole discretion may determine:

a. To the payment of the operating expenses of the Property, including costs of management (which shall
include reasonable compensation to the Lender and its agent or agents, it? management be delegated to an agent or
agents); improvements, alterations, replacements and repairs to the Property; placing the Property in such condition as
will, in ofLender, make it readily I?cntable; premiums on ?re, tornado, hurricane, casualty, liability or other
insurance if Lender deems such insurance necessary; and any claims for damages arising out of the ownership or
management of the Property. 

b. To the payment of the actual costs and expenses incur I ed by Lench to collecting the Rents and Pro?ts,
including commissions paid to secure tenants or iessees, and reasonable att01 ney? fees incurred In connection with the
enth cement of "us Assignment and local I ed' In recovering the Property or any personal 1110me item any lessee o: otheI
contracting party.

e. To the payment of taxes, special assessments and insurance premiums which become due and which are
delinquent on the Property; all obligations contained in the Loan Documents; and any liens or encumbrances on the
Propetty or any personal preperty of Borrower.

d. To the payment of bills for reasonable and necessary repairs and improvements on the Property.

e. To the payment of any and all indebtedness, together with interest, evidenced by the Loan Documents
or any de?ciency which may result from any foreclosure sale.

If the Rents and Profits are insuf?cient to fully pay all of the above items, Borrower shall remain liable
to Lender for the difference, which shall be payable upon demand. At any time, Lender may seek and obtain ajudgment
orjudgments against Borrower for the amount of the de?ciency. Borrower waives any counterclaim to which it may be
entitled in any such proceedings (without prejudice to assert the same in a separate cause of action at a later time).

5 994227

 

10. Lien on Property. If the Rents from the Property are insufficient to reimburse Lender for any expenses incurred
by Lender pursuant to this Assignment, any disbursements made by Lender and not so reimbursed may be made as a
future advance under the Mortgage with lien priority equal to the lien of the Mortgage.

1 l. Lender as Agent. Lender is and will be acting solely as an agent of Borrower in taking any actions in connection
with the Property. Lender assumes no responsibility or liability in any other capacity. Lender shall not be obligated to
perform any obligation or duty, or discharge any liability under any of the Leases or Contracts, or underor by reason of
this Assignment.

12. Remedies Cumulative. The remedies provided in this Assignment and in the other Loan Documents are
cumulative and not mutually exclusive. The remedies can be exercised successively or concurrently, as many times as
and whenever the occasion may arise, and the exercise of any one or more remedies shall not be a Waiver of or preclude
the exercise of any one or more remedies at the same or any later time for the same or any later default.

13. Liability of Lender.

a. in Lender?s exercise of the powers granted Lender by this Assignment, no liability shall be asserted or
enforced against Lender, and Borrower espressl waiVes and releases Lender from all such liability.

b. Lender shall not be responsible for any failure to perform any covenants in any of the Leases and
Contracts, either before or after the exercise of any assignments or remedies contained in this Assignment. Lender shall
not be responsible for any damage or harm to the Property or any additions, improvements or ?xtures to the Property.
Lender also shall not be liable to any person or entity for any accidents or other occurrences occurring on or with respect

to any part of the Property.

0. This Assignment, prior to any Event ot'Det'ault by Borrower and entry upon the Property by Lender by
reason thereof, shall not operate to place responsibility for the care, management or repair of the Property upon the
Lender. Lender shall not be r'eSponsible or liable for any wastes committed on the Property by the tenant(s) or any other
parties, or for any negligence in the management, upkeep, repair or control of the Property resulting in loss or injury or
death to any tenant, licensee, employee or stranger.

d. In accepting the assignments herein described, and in exercising any ofthe remedies provided herein or
taking any of the actions which are authorized herein, Lender will be acting solely and exclusively as agent forBon?ower
in attempting to realize the maximum return from the Property and in attempting to obtain payment to Lender ol?the
amounts which Lender is to receive pursuant to theNotc. The parties acknowledge that in so doing, Lender will not be or
be deemed to be an ?owner? or ?operator? of the Property under any environmental statute, law, regulation or ordinance,
and will not be assuming any obligations of Borrower to fully comply with ali such statutes, laws, regulations or
ordinances, as more particularly described in the Mortgage. Borrower will speci?cally defend and indemnify Lender
against any such liability, cost, loss or expense.

14. Indemnity.

a. Borrower agrees to defend and indemnify the Lender from and against any and all liability, loss,
damage and expenses (including all attorneys? fees and expenses through litigation and alt appeals) which Lender may or
might incur under any of the Leases and Contracts, or under or by reason of this Assignment, from any violation of law
for which Borrower is responsible, and from all claims and demands whatsoever which may be asserted against the
Lender in connection with the Property or respecting any alleged obligations or undertakings to perform ordischarge any
terms, cayenants or agreements contained in any of the Leases or Contracts, except for loss or demand resulting from
willful or negligent actions of Lender. This indemnity shall include speci?cally, but without limitation, an indemnity
against any of the matters described in Section 13 above.

b. Should Lender incur any such liability, loss or damage, the amount thereof, including costs, expenses
and attorneys? fees, together with interest at the Default Rate stated in the Note from the date the cost or loss was
incurred, shall be secured by this Assignment and by the other Loan Documents. Borrower shall pay all such amounts

6 NMLSII 994221

 

 

immediately upon demand.

15. Bankruptcy.

a. The parties agree that Borrower has substantial duties of performance apart from its more ?nancial
obligations under this Assignment, the Note, and other Loan Documents, and that parties other than the Borrower could
not adequately and fully perform the correnants to be performed by Borrower in this Assignment. The parties also agree
that this Assignment is an agreement for the making of loans and for the extending of debt ?nancing or financial
accommodations. No assumption of or assignment of this Assignment shall be allowed in bankruptcy. Should an
assumption ofor assignmentof this Assignment be permitted in violation of this covenant, the parties agree that Lender
will not have adequate assurance of performance unless and until Lender is allowed access to adequate ?nancial and
other information to satisfy itself that the trustee or proposed assignee is fully able to assume the financial and personal
covenants of Borrower under this Assignment, in full accordance with its terms, and that suf?cient collateral is pledged
and su?ieient bonds or letters of credit are posted by the bankruptcy trustee or proposed assignce to guarantee
performance of such obligations. The parties further agree that the de?nition ofthe term "adequate assurance? as set
forth in ?365(h)(3) of the Bankruptcy Code of 1978, as amended, shall be applicable directly or by analogy to any
determination of adequate assurance in connection with this Assignment.

b. In the event of Borrower's bankruptcy, the debtor in possession or trustee shall not be permitted to use,
sell or tease the Property, Leases, Contracts, Rents, or Pro?ts, whether or not in the ordinary course of business, without
providing adequate protection to Lender. The parties agree that the language in Section ?361 of the Bankruptcy Code of
1918, as amended, shall be the exclusiVe de?nition of the term ?adequate protection? in connection with any use, sale or
lease of the Property, Contracts, Pro?ts. The cash payment referred to in that section shall mean the fuli
payment required under the Note and payment representing the full replacement value of the Property, Leases, Contracts,
Rents or Profits used, sold or leased; the replacement liens referred to in that section shall mean liens on property the
actual market value of which is equal to or greater than the replacement cost of the Property, Leases, Contracts, Rents or
Pro?ts used, sold or leased; and the term ?indubitable equivalent? as used in that section shall mean protection afforded
by either grants of administrative expense priority, grants to Lender of ownership interests in a continuing business
surviving the bankruptcy, or grants to Lender of protected securities issued by a continuing business surviving the
bankruptcy, which completely compensate Lender for the loss of the present value (computed at the then market rate of
interest for commercial loans) of its interest in the Property, Leases, Contracts, Rents, or Pro?ts. For purposes of
computation, the value of the Property Leases, Contracts, Rents or Pro?ts is deemed to be the replacement cost.

c. The parties agree that because of the extreme ?nancial importance to Lender of this transaction, and
because of the nature of the Property, Leases, Contracts, Rents, and Profits, and the likelihood that their value will
quickly decrease over time, Lender will be irreparably harmed by anystay of its collection effort or the exercise of its
remedies under this Assignment.

d. The parties agree that in the event a plan of reorganization is proposed under Chapter 11 of the
Bankruptcy Code of 19?8, as amended, the plan will be fair and equitable to Lender, as a secured creditor, only if Lender
realizes under the plan the indubitable equivalent of its interests in the Property, Leases, Contracts, Rents, or Pro?ts. The
term "indubitable equivalent? in such context shall have the same meaning as that given in Section iSb of this

Assignment.

WAIVER OF JURY TRIAL. BORROWER HEREBY IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL
BY JURY IN ANY ACTION, PROCEEDING OR ARISING OUT OF OR RELATING
TO THIS ASSIGNMENT, ANY COURSE OF OR ANY OF THE LOAN DOCUMENTS OR THE
TRANSACTIONS CONTEMPLATED THEREBY.

Notices. The notice provisions of the Mortgage shall be deemed a part hereofand incorporated herein as though
fully stated in this Assignment.

13. Miscellaneous. This Assignment shall be binding upon Borrmver and its heirs, successors, and assigns, and

shall inure to the bene?t of Lender and its successors, transferees and assigns, and all parties who may become holders of
the Note. This Assignment is made and executed under and shall in all respects be governed and enforced by and

7 99422?

 

construed in accordance with the laws of the State of Florida, inciuding, without iimitation, matters of construction,
Validity and performance. Each patty acknowiedges that it has reviewed this Assignment, and the parties hereby agree
that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not
be employed in the intelpretation of this Assignment. [n the event any terms or provisions of this Assignment are held
invalid or unenfor,ceahle the :emaining tame and conditions ol?this Assignment shall continue to be fully enforceable
without change, and shall be interpreted as If the invalid or unenforceable pIovision had not been a part
hereof. -

1N WITNESS WHEREOF, Borrower has executed or caused this Assignment to be executed by its duly
authorized agents.



Chance 3: Anthem LLC, a Flor n'li liability 

 

 

 

 

 

 

tint name: Mt Lots? ?L?s?i company
4..
Print name: H'm effrej?ljl. Siskind, naging Member
STATE OF FLORIDA 
COUNTY g, SS ft:
The foregoing instrument Was acknowledged before me this day of November, 2015, by Jeffrey .

(7

 

Anthem LLC, a Florida limited liability company, who is personally
known to me or produced FL 

 

 

 

 

to}; A MCDANIEL Naine': M. W?hl?llgla

My sslt?intext?m?tMISStON Notary Pubiic, State of FL.-

"lip??u .2017 Commission No. 2? 
{407} 393-0153 loridal'lota rySe Meat: om

 

 

 

8 994227

 

EXHIBIT A

Lot 2, South?clds Phase I oi?Palm Beach Polo and Country CIub- Wellington Country Place according to the
map or plal thereof, as recorded in Plat Book 39, Page(s} I9 through 22, inclusive, oftho Public Records of Palm Beach

County, Florida.

Parcel 73-4l?44-21-03-000-0020

9 994227

 

 

 

ADJUSTABLE RATE RIDER
(1 Year Treasury Index Rate Caps)

THIS ADJUSTABLE RATE RIDER is made this 6? day of November, 2015, and is incorporated into and
shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the ?Security instrument") of
the same date given by Chance Anthem LLC, a Florida limited liability company (the ?Borrower") to secure
Borrower's Adjustable Rate Note (the ?Notc?) to New Wave Loans Residential, LLC (Series: Sislu'nd}, a Delaware
limited liability company (the ?Lender") of the same date and covering the property described in the Security Instrument
and located at:

3445 Santa Barbara Drive, Wellington, FL 33414
[the "Property Address"]

THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST
RATE AND THE PAYMENT. THE NOTE LIMITS THE AMOUNT THE
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE
MAXIMUM RATE THE BORROWER MUST PAY.

ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as follows:

A. INTEREST RATE AND CHANGES

TheNote provides for an initial interest rate The Note provides for changes in the interest rate and
the payments as follows:

INTEREST RATE AND PAYMENT CHANGES

(A) Change Dates

- The interest rath will pay may change on the ?rst day 1, 2016 and on that day every 3?d month
thereafter. Each date on which my interest rate could change is called a ?Change Date.?

(B) The Index

Beginning with the ?rst Change Date, my interest rate will be based on an Index. The ?Index? is the weekly
average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the
Federal Reserve Board. The most recent Index ?gure available as of the date 60 days before each Change Date is called
the ?Current Index.? 

If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable
information. The Note Holder will give me notice of this choice.

(C) Calculation of Changes

Before each Change Date, the Note Holder will calculate my new interest rate by adding 3. 740 percentage
points (8 340%) to the Current Index. The Note Holder will then round the result ofthis addition to the nearest 0. 125%.

Subject to the limits stated in Section below, this rounded amountwiil be my new interest rate until the next Change
Date.

The Note Holder will then determine the amount of the payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in hill on the maturity date at my new interest rate in
substantially equal payments. The result of this calculation will be the new amount of my payment.

Limits on Interest Rate Changes

The interest rate i am required to pay at the first Change Date will not be greater than 11.000% or less than
9.000%. Thereafter, my interest rate will never be increased on any single Change Date by more than two percentage
points from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be
greater than 13. 000%.

(E) Effective Date of Changes

My new interest rate will become e?ective on each Change Date. I will pay the amount of my new 

payment beginning on the ?rst payment date alter the Change Date until the amount of my payment
changes again.
994227

Exhibit 

 

 

 

Notice of Changes
TheNote Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my

payment before the effective date of any change. The notice will include information required by law to be

given to me and also the title and telephone number of a person who will ensure: any question I may have regarding the

notice.

B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER

Section 18 of the Security Instrument is amended to read as follows:

Transfer of the Property or a Bene?cial Interest in Borrower. As used in this Section 18, ?Interest in the Property? means
any legal or bene?cial interest in the Froperty, including, but not limited to, those bene?cial interests transferred in a
bond for deed, contract for deed, installment sales contractor escrow agreement, the intent of which is the transfer of title
by Borrower at a future date to a purchaser.

If all or any part of the Property or any Interest in the Property is sold or transferred {or ifBorrower is not a
natural person and a bene?cial interest in Borrower is sold or transferred) without Lender?s prior written consent, Lender
may require immediate payment in full ot'all sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: 
Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as it's new
loan were being made to the transferee; and Lender reasonably determines in its sole discretion that Lender?s security
will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.

To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a coudition to Lender?s
consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in theNole and in
this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless
Lender releases Borrower in writing. - .

If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance
with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrowcr fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.

BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable
Rate Rider.

BORROWER:

Chance Anthem a YA company

h-

    

By:
Jeffrey Morena, Man girEMc'n?er

994227

 

1?4 FAMILY RIDER
(Assignment of Rents)

 

THIS 1-4 FAMILY RIDER. is made this 6"1 day of November, 2015, and is incorporated into and shall be deemed to
amend and supplement the Mortgage, Deed of Trust, or Security Deed (the ?Security Instrument?) of the same date given by the
undersigned (the ?Borrower?) to secure Borrower's Note to New Wave Loans Residential, LLC (Series: a
Delaware limited liability company (the ?Lcnder") of the same date and covering the Property described in the Security
Instrument and located at:

3445 Santa Barbara Drive, Wellington, FL 33414
[the ?Preperty Address"1

1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower
and Lender further covenant and agree as follows:

A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the
Property described in Security Instrument, the following items now or hereafter attached to the Property to the extent they
are ?xtures are added to the description, and shall also constitute the Property covered by the Security
Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used,
or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying
or distributing heating, cooling, electricity, gas, water, air and light, ?re prevention and extinguishing apparatus, security
and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators,
dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and
curtain rods, attached mirrors, cabinets, paneling and attached ?oor coverings, all of which, including replacements and
additions thereto, shall be deemed to be and remain a part of covered by the Security Instrument. All of the
foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security
Instrument is on a leasehold) are referred to in this 14 Family Rider and the Security Instrument as the ?Property."

B. USE OF COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a
change in the use ofthc Property or its zoning classi?cation, unless Lender has agreed in writing to the change. Borrower
shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the
Property. 

C. SUB ORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior
to the Security Instrument to be perfected against the Property without Lender?s prior written permission.

D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other
hazards for which insurance is required by Section 5. .

RIGHT TO DELETED. Section 19 is deleted.

F. OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6
concerning Borrower?s occupancy of the Property is deleted.

G. ASSIGNMENT 0F LEASES. Upon Lender?s request alter default, Borrou'er shall assign to Lender all
leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment,
Lender shall hays the right to modify, extend or terminate the existing leases and to execute new leases, in Lender?s so to
discretion. As used in this paragraph G, the word ?lease? shall mean "subIease? if the Security Instrument is on a
leasehold.

H. ASSIGNMENT OF APPOINTMENT OF LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (?Rents?) of the
Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender?s agents to
collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender?s agents. However,
Borrower shall receivc the Rents until Lender has Borrower notion of default pursuant to Section 22 of the
Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender?s
agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only.

IfLender gives notice ofdefault to Borrower: all Rents received by Borrower shall be held by Borrower as
trustee for the bene?t of Lender only, to be applied to the sums secured by the Security Instrument; (it) Lender shall be
entitled to collect and receive all of the Rents of the Property; Borrower agrees that each tenant of the Property shall
pay all Rents due and unpaid to Lender or Lender?s agents upon Lender?s written demand to the tenant; (iv) unless

MULTISTATE 1-4 FA MILY RIDER- oFa nnle Ma Mac UNIFORM INSTRUMENT Fe rm 3170 Hill @038 of? pages)

Exhibit 

 

applicable law provides otherwisc, all Rents collected by Lender or Lender?s agents shall be applied ?rst to the costs of
taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney?s fees,
reCeivcr?s fees, premiums on receiver?s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and
other charges on the Property, and then to the sums secured by the Security Instrument; Lender, Lender?s agents or
anyjudiciaily appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be
entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and pro?ts
derived from the Property without any showing as to the inadequacy of the Property as security.

If the Rents of the Property are notsuf?cient to cover the costs of taking control of and managing the Property
and of collecting the Rents any ?mds expended by Lender for such purposes shall become indebtedness of Borrower to
Lender secured by the Security Instrument pursuant to Section 9.

Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not
performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph.

Lender, or Lender?s agents or ajudiciaily appointed receiver, shalt not he required to enter upon, take control of
or maintain the Property before or after giving notice ofdefauit to Borrower. However, Lender, or Lender?s agents or a
judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or
waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall
terminate when all the sums secured by the Security Instrument are paid in full.

I. CROSS-DEFAULT PROVISION. Borrower?s default or breach under any note or agreement in which
Lender has an interest shail be a breach under the Security Instrument and Lender may invoke any of the remedies

permitted by the Security Instrument.

BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 Family Rider.

Chance AnthemL?Ly zda limited liabr . company ~Borrowei.
By' A

JeffreyM?sltind, anag?g?nber

 

1-4 FAMILY MadFreddie Mac UNIFORM INSTRUMENT Form 3170 Hill (page 2 of? pages)

 

 

 UNIT DEVELOPMENT RIDER

THIS PLANNED UNIT DEVELOPMENT RIDER is made this day of November, 2015, and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed {the
?Security Instrument") of the same date, given by the undersigned (the ?Borrower") to secure Borrower 3 Note to
New Wava Loans Residential, LLC (Series: Siskind), a Delawal limited liability company (the ?Lender") of
the same date and covering the Property described' In the Security instrument and located at:

3445 Santa Barbara Drive, Wellington, FL 33414
[Property Address}

The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other
such parcels and certain common areas and facilities, as described in the Declaration of Covenants, Restrictions 3r.
Easements for the Planned Unit Development ?led .in the Public Records of Palm Beach County. (the
"Declaration?).

The Property is a part of a planned unit development know
SOUTHFIELDS PALM BEACH POLO and COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC.
[Name ofPlanncd Unit Development]

(the The Preperty also includes Borrower' 5 interest in the homeowners association or equivalent entity
owning or managing the common areas and facilities of the PUD (the ?Ovmers Association? and the uses, bene?ts

and proceeds of Borrowers interest.

PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument,'Borrower and
Lender further covenant and agree as follows:

A. PUD Obligations. Borrower shall perform all of Borrower?s obligations under the Constituent
Documents. The ?Constituent Documents? are the Declaration; (ii) articIes of incorporation, trust instrument or
any equivalent document which creates the Owners Association; and any byvtaws or other rules or regulations
of the Owners Association. Borrower shall pay, when due, aIl dues and assessments imposed pursuant to
the Constituent Documents.

B. Property Insurance. So Iong as the Owners Association maintains, with a generally accepted insurance carrier, a
?master" or ?blanket? policy insuring the Property which is satisfactory to Lender and which provides insurance
coverage in the amounts (including deductible levels), for the periods, and against loss by tire, hazards included
within the term ?extended coverage," and any other hazards, including, but not limited to, earthquakes and floods,
for which Lender requires insurance, then: Lender waives the provision in Section 3 for the Periodic Payment to
Lender of the yearly premium installments for property insurance on the Property; and (it) obligation
under Section 5 to maintain property insurance coverage on the Property is deemed satis?ed to the extent that the
required coverage is provided by the Owners Association policy.

What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the

master or blanket policy.

in the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the
Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and
shall be paid to Lender. Lender shail apply the proceeds to the sums secured by the Security instrument, whether or

not then due, with the excess, if any, paid to Borrower.

C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to ensure that the Owners
Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to

Lender.

Exhibit 

 

 

D. Condemnation. The procceds of any award or claim for damages, direct or censequential, payable to Borrower

 

and
facilities of the PUD, or for any conveyance in of condemnation, are hereby assigned and shall be paid to
Lender. Such proceeds shalt be applied by Lender to the sums secured by the Security Instrument as provided in
Section 11.

E. Lender?s Prior Consent. Borrower shall not, except after notice to Lender and with Lender?s prior written
consent, either partition or subdivide the Property or consent to: the abandonment or termination of the PUD,
except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty
or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the
?Constituent Documents? if the provision is for the express bene?t of Lender; termination of professional
management and assumption of self-management ofthe Owners Association; or (iv) any action which would hays
the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to
Lender.

F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any
amounts disbursed by Lender under this paragraph shail become additional debt of Borrower secured by the
Security instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shalt bear interest
from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to
BormWer requesting payment.

BY SIGNING BELOW, Borrower accepts and the terms and covenants contained in this PUD Rider.

Chance - - coInIlnn}f
By: 

Jeffrey M. Manag? Member

  

MULTISTATE PUD Family??Fannie Mac UNIFORM INSTRUMENT Form 3150 "Di gauge 2 of? pages)
i?iitiLSitI 994227

 

 

PLANNED UNIT DEVELOPMENT RIDER

THIS PLANNED UNIT DEVELOPMENT RIDER is made this ti?I day of November, 2015, and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the
?Security Instrument") of the same date, given by the undersigned (the ?Barrower?? to secure Borrower's Note to
New Waite Loans Residential, LLC (Series: Sislrind), a Delaware limited liability company (the ?Lender?) of
the same date and covering the Property described in the Security Instrument and located at:

3445 Santa Barbara Drive, Wellington, FL 33414
[Property Address]

The Property includes, but is not limited to, a parcci of land improved with a dwelling, together with other
such parcels and certain common areas and facilities, as described in the Declaration of Covenants, Restrictions cit
Easements for the Planned Unit DeVelopment filed in the Public Records of Palm Beach County. (the

?Declaration?).

The Property is a part of a planned unit development know
WELLINGTON PROPERTY OWNERS ASSOCIATION, INC.
[Name of Planned Unit Development}

(the The Property also includes Borrower?s interest in the homeowners association or equivalent entity
owning or managing the common areas and facilities of the PUD (the "Owners Association?) and the uses, bene?ts
and proceeds of Borrower?s interest.

PUD COVENANTS. In addition to the covenants and agreements made in the Security instrument, Borrower and
Lender further covenant and agree as follows:

A. PUD Obligations. Borrower shall perform all of Borrower?s obligations under the Constituent
Documents. The ?Constituent Documents" are the Declaration; (ii) articles of incorporation, trust instrument or
any equivalent document which creates the Owners Association; and any by-laws or other mics or regulations
of the Owners Association. Borrower shall pay, when due, all dues and assessments imposed pursuant to
the Constituent Documents.

B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, 9.
?master" or ?blanket? policy insuring the Property which is satisfactory to Lender and which provides insurance
coverage in the amounts (including deductible levels), for the periods, and against loss by ?re, hazards included
within the term ?extended cchrage,? and any other hazards, including, but not limited to, earthquakes and ?oods,
for which Lender requires insurance, then: Lender waives the provision in Section 3 for the Periodic Payment to
Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower?s obligation
under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the
required coverage Is provided by the Owners Association policy.

What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shall give Lender prompt notice of any lapse in required prOperty insurance coverage provided by the

master or blanket policy.

In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the
Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and
shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or
not then due, with the excess, if any, paid to Borrower.

C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to ensure that the Owners
Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to

Lender.

 

D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower

 


facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to
Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in
Section 11.

E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender?s prior written
consent, either partition or subdivide the Property or consent to: the abandonment or termination of the PUD,
except for abandonment or termination required by law in the case of substantial destruction by ?re or other casualty
or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the
"Constituent Documents? if the provision is for the express bene?t of Lender; termination of professional
management and assumption of self?management of the Owners Association; or (iv) any action which would have
the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to
Lender.

F. Remedies. if Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any
amounts disbursed by Lender under this paragraph shall become additional debt of Borrower secured by the
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
?'om the date of disbursement at the Note rate and shall be payable, with interest, Upon notice from Lender to

Borrower requesting payment.

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

itediiability mpany


in yrern??r

   

MULTISTATE PUD Family--Fannle Mael'Freddie Mac UNIFORM INSTRUMENT Form 3150 Hill @age 2 of2 pages}
NM LSii 994227

- 

 

 

PLANNED UNIT DEVELOPMENT RIDER

THIS PLANNED UNIT DEVELOPMENT RIDER is made this day of Noycmher, 2015, and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the
?Security Instrument?) of the same date, given by the undersigned {the "Borrower") to secure Borrower?s Note to
New Wave Loans Residential, LLC (Series: a Delaware limited liability company (the ?Lender?) of
the same date and covering the Property described in the Security instrument and located at: -

3445 Santa Barbara Drive, Wellington, FL 33414
[Property Address]

The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other
such parcels and certain common areas and facilities, as described in the Declaration of Coyotiants, Restrictions Sr
Easements for the Planned Unit Development filed in the Public Records of Palm Beach County. (the

?Deolaration").

The Property is a part ofa planned unit know
SECOND WELLINGTON INC.
[Name of Planned Unit Development]

(the The Property also includes Borrower?s interest in the homeowners association or equivalent entity
owning or managing the common areas and facilities of the PUD (the "Owners Association?) and the uses, bene?ts
and proceeds of Borrower?s interest.

PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and
Lender further covenant and agree as follows:

A. PUD Obligations. Borrower shall perform all of Borrower?s obligations under the PUD's Constituent
Documents. The ?Constituont Documents? are the Declaration; (ii) articles of incorporation, trust instrument or
any equivalent document which creates the Owners Association; and any by-laws or other rules or regulations
of the Owners Association. Borrower shall pay, when due, all dues and assessments imposed pursuant to
the Constituent Documents.

13. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a
?master? or ?blanket? policy insuring the Prcperty which is satisfactory to Lender and which provides insurance
coverage in the amounts (including deductible levels), for the periods, and against loss by ?re, hazards included
within the term "extended coverage,? and any other hazards, including, but not limited to, earthquakes and ?oods,
for which Lender requires insurance, then: Lender waives the provision in Section 3 for the Periodic Payment to
Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower?s obligation
under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the
required coverage is provided by the Owners Association policy.

What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the

master or blanket policy.

In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the
Property, or to common areas and facilities ofthe PUD, any proceeds payable to Borrower are hereby assigned and
shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or
not then due, with the excess, if any, paid to Borrower.

C. Public Liability Insurance. Bonmver shall take such actions as may be reasonable to ensure that the Owners
Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to

Lender.

 

D. Condemnation. The proceeds of any award or claim for damages, direct or consequentiai, payable to Borrower

 


facilities of the PUD, or for any conveyance in of condemnation, are hereby assigned and shall be paid to
Lender. Such proceeds shail be applied by Lender to the sums secured by the Security Instrument as provided in
Section 11. 

E. Lender?s Prior Cement. Borrower shall not, except after notice to Lender and with Lender?s prior written
consent, either partition or subdivide the Property or consent to: the abandonment or termination of the PUD,
except for abandonment or termination required by law in the ease of substantial destruction by ?re or other casuatty
or in the case of a taking by candemnation or eminent domain; (ii) any amendment to any provision of the
?Constituent Documents? if the provision is for the express benefit of Lender; termination of professional
management and assumption of selfamanagement of the Owners Association; or (iv) any action which would have
the ett'eet of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to
Lender.

F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any
amounts disbursed by Lender under this paragraph shall become additional debt of Borrower secured by the
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to
Borrower requesting payment.

BY SIGNING BELOW, Borrovrer acce is and agrees to the terms and cottenants contained in this PUD Rider.

Chance Anthem LLC ?vi company
By:

Jeffrey'i'tf Siskind, Ma :1 einbcr

 

MULTISTATE PUD Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3150 JIM ?ange 2 of 2 pages}
994227 .

 

 

PLANNED UNIT DEVELOPMENT RIDER

 

THIS PLANNED UNIT DEVELOPMENT RIDER is made this day of November, 2015, and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the
?Security Instrument") of the same date, given by the undersigned (the "Bon'ower?) to secure Borrower?s Note to
New Wave Loans Residential, LLC (Series: Sisttind), a Delaware limited liability company (the ?Lender") of
the same date andcovering the Property described in the Security Instrument and located at: 

3445 Santa Barbara Drive, Wellington, FL 33414
{Property Address]

The Property includes, but is not limited to, a parcel of land with a dwelling, together with other
such parcels and certain common areas and facilities, as described in the Declaration of COVenants, Restrictions 
Easements for the Planned Unit Development ?led in the Public Records of Palm Beach County. (the
?Declaration?).



The Property is a part of a planned unit development know
PALM BEACH POLO and COUNTRY CLUB PROPERTY OWNERS ASSOCIATION, INC.
[Name of Planned Unit Development]

(the The Property also includes Borrowerfs interest in the homeowners association or equivalent entity
owning or managing the cemrhon areas and facilities of the PUD (the ?Owners Association") and the uses, bene?ts

and proceeds of Borrower?s interest.

PUB COVENANTS. in addition to the covenants and agreements made in the Security instrument, Borrower and
Lender further covenant and agree as follows:

PUD Obligations. Borrower shall perform all of Borrower?s obligations under the Constituent
Documents. The ?Constituent Documents? are the Declaration; (ii) articles of incorporation, trust instrument or
any equivalent document which creates the Owners Association; and any byolaws or other rules or regulations
of the Owners Association. Borrower shall pay, when due, all dues and assessments imposed pursuant to
the Constituent Documents. -

B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a
?master? or ?blanket? policy insuring the Property which is satisfactory to Lender and which provides insurance
coverage in the amounts (including deductible levels), for the periods, and against loss by ?re, hazards included
within the term ?extended coverage," and any other hazards; including, but not limited to, earthquakes and floods,
for which Lender requires insurance, then: Lender waives the provision in'Section 3 for the Periodic Payment to
Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation
under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the
required coverage is provided by the Owners Association policy.

What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shalt give Lender prompt notice of any lapse in required property insurance coverage provided by the

master or blanket policy.

In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the
Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and
shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or
not then due, with the excess, if any, paid to Borrower.

C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to ensure that the Owners
Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to

Lender.

 

D. Condemnation. The proceeds of any award or claim for damages, director consequential, payable to Borrower

 

 

in connectlon with any condemnation or other taking or all or anf part of the and
facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to
Lender. Such'prcceeds shaii be applied by Lender to the sums secured by the Security Instrument as provided in
Section 11. 

E, Lender?s Prior Consent. Borrower shalt not, except a?er notice to Lender and with Lender's prior written
consent, either partition or subdivide the Property 0r consent to: the abandonment or termination of the PUD,
except for abandonment or termination required by law in the case of substantial destruction by ?re or other casualty
or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the
?Constituent Documents? if the provision is for the express bene?t of Lender; termination of professional
management and assumption of self?management of the Owners Association; or (iv) any action which would have
the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptabie to
Lender. -

F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any
amounts disbursed by Lender under this paragraph shalt become additional debt of Borrower secured by the
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
from the date of disbursement at the Note rate and shalt be payable, with interest, upon notice from Lender to
Borrower requesting payment.

BY SIGNING BELOW, Borrower acce ts agrees the terms and coVenants contained in this PUD Rider.

0 do limited liab'i ty company
By?

Jeffrey M. Sishind, hagingTGEmber

  
 

Chance Anthem LLC,

MULTISTATE PUD RI DER-?Single Family~-annie MaeiFreddle Mat: UNIFORM INSTRUMENT Form 3150 @age 2 of2 pages}
9.94227 

 

 

CFN 20150470068

OR BK 28011 PG 1154
RECORDED 1 210912015 09:49:58
Palm Beach County, Florida

AMT

Sharon R. Bock

CLERK COMPTROLLER

This instrument prepared by Pg 5 1154 1.155. (2Pgs)

(and after recording return to):

Joel Eidelstein
19950 Country Club Dr. #904,

 

Aventura, FL 33180

 

OF MORTGAGE AND OTHER LOAN DOCUMENTS

FOR VALUE RECEIVED, New Wave Loans Residential LLC (Series: Siskind), a Delaware
limited liability company (?Assignor? whose address is 1335 NE Miami Gardens Drive, Suite 451, North
Miami Beach, Florida 33179, does hereby grant, sell, assign, transfer and convey, unto New Wave Lenders
{2015-13) LP, a Delaware limited partnership, (?Assignee?), all right, title and interest of Lender in and to
the following instruments encumbering the real properties legally described as: Lot 2, Sonth?elds Phase
I of Palm Beach Polo and Country Club-Wellhigton Country Place P.U.D., according to the map
or plat thereof, as recorded in Plat Book 39, Page(s) 19 through 22, inclusive, of the Public Records
of Palm Beach County, Florida.

1. Mortgage dated November 6, 2015 made and executed by Chance Anthem LLC, a
Florida limited liability company, to and in favor of Assignor in the original principal amount of Eight
Hundred Twelve Thousand Five Hundred and No.1100 Dollars (3812,50 0.00) and recorded on Of?cial
Records Book 27926, Page 1809, of the Public Records of Palm Beach County.

2. Assignment of Rents, Lease and Pro?ts dated November 6, 2015 made and executed by
Chance Anthem LLC, a Florida limited liability company, to and in favor of Assignor and recorded
on Of?cial Records Book 27926, Page 1833, of the Public Records of Palm Beach County.

TO HAVE AND TO HOLD, the same unto Assignee, its successors and assigns, forever.

This Assignment is made without recourse to, or any representation or warranty by, Assignor in
any event whatsoever.

This Assignment is effective as of November 13, 2015.

Exhibit 

 

CFN 20150470068 
BOOK 28011 PAGE 1155
2 OF 2

IN WITNESS WHEREOF, Assignor has caused this Assignment to be executed, sealed and

delivered this 332 day of - mi 2015.

WITNESSES:

MM

Pr? 1t naiileiM/m?i? iklo 
A

Piint AN ?gJL-ff- 

STATE OF FLORIDA 
)ss:

COUNTY OF 

ASSIGNOR:

New Wave Loans Residential, LLC (Series:
Siskind), a Delaware limited liability company

By: Aleriea, Inc.,

a Delaware Corporation, its

Managing Member

 

By:
Joel Eideistei?, President

. The foregoing instrument was acknowledged before me this day of 2015 by Joel
Eidelstein, President of Alerica, Inc, a Delaware corporation, the Managing Member of New Wave Loans

Residential, LLC (Series: Siskind), a Delaware limited liability compan . He is personally known to me
or has produced as identi?cation. W)
Mw"

Notary Signature

Print Notary Name: joecebo Sagan
Notary Public, State of Florida
Commission No. 1733

 

My commission expires:



 

I 

.

  

.9


maniac?:

 

is MY COMMISSION FF199333

JAE-OED SASSON

EXPIRES February 12. 2019
{Noam-tam

 

 

 

areas Edith/ii 2/9313

NOTICE OF DEFAULT AND POSSIBLE ACCELERATION ON MORTGAGE

Property Located at: 3445 Santa Barbara Drive, Wellington, FL 33414 (the ?Propei'ty?)

Legal Description: Lot 2, Southfields Phase I of Palm Beach Polo and Country Club-
Wellington Country Place P.U.D., according to the map or plat thereof, as recorded in Plat
Book 39, Page(s) 19 through 22, inclusive, of the Public Records of Palm Beach County, Florida.
Parcel 73-41-44-21-03?000?0020

VIA FEDERAL EXPRESS EMAIL

August 16, 2016

Chance Anthem LLC

'Jeffrey M. Siskind, Managing Member

Jeffrey M. Siskind, Individually
525 S. Flagler Drive, Suite 501
West Palm Beach, FL 33401

Dear Mr. Siskind:

This notice is to inform you that per the Loan Documents executed on November 6th, 2015 your
loan with New Wave Lenders (2015-B), LP is' and has been in Default. You are in Default
because you have allowed for a lienfs} inferior to the Security Instrument to be perfected
against the Property without Lender?s prior written permission. Attached please ?nd copies
of a recorded second and third lien on the Property.

This is a notice that you are in Default and there may be an acceleration of the sums secured by
the Mortgage and Note, foreclosure by judicial pro ceeding, and eventual sale of the property. 
please note, your loan is accruing at the Default interest rate as defined in the Loan
Documents.

You must cure this Default by removing ?all liens on the Property and providing proof of this
actiontsl to us.

Should you fail to cure the Default(s) by September 2016, there may be an acceleration of
the sums secured by the Mortgage and Note, foreclosure by judicial proceeding, and eventual sale
of the property. In a foreclosure proceeding, you have the right to assert the non-existence of a
default or any other defense to acceleration and foreclosure. Again, as per the Loan Documents,
interest is currently accruing at the Default rate.

Additionally, on the expiration of the Cure Period, we may exercise the rights detailed in the
Assignment of Leases, Pro?ts, and Rents, including speci?cally the right to collect all rents derived
from the Property, if applicable, as they become payable.

MLDETS, NMLSE 994227

New Wave Loans Residential, LLC 1835 NE Miami Gardens Drive, #451 Miami Beach, FL 33179
Exhibit 

 



  
 

55 5:5555 5555555 7 i 5.5155555



5%

Please note that you have the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the nonexistence of a De?udt or any other defense of Borrower to
acceleration and foreclosure. If the Default is not cured on or before the date speci?ed in the
notice, Leader at its option map require immediate navnzent in full of all Stuns secured by the
Loan Documents without further demand and may foreclose by iudicial proceeding. As Lender
we shall be entitled to collect all expenses incurred in pm'suing the remedies detailed above,
including, but not limited to, reasonable attorneys fees and costs of title evidence.

  
  

advance for your attention to this matter.

eel Eidelstein
New Wave Lenders (201 S-B), LP
305528.685?

CC: New Wave Loans Residential, LLC, as servicer of New Wave Lenders (2015?13), LP.

LICK MLD 815, 99-! 211

New Wave Loans Residential, LLC 1835 NE Miami Gardens Drive, #451 *North Miami Beach, FL 33179