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CFN # 103842604, OR BK 37131 Page 228, Page 1 of 4, Recorded 03/25/2004 at

12:29 PM, Broward County Commission, Deputy Clerk 2140

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F03013550

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL ACTION

BANK ONE, N.A. AS TRUSTEE, FOR THE
INDYMAC ARM TRUST MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 200I-HI,

Plaintiff,

OT KNOWN 8 E DEAD
WHETHER SAID UNKNOWN PARTIES MAY
CLAIM AN INTEREST AS SPOUSES, HEIRS,
DEVISEES, OR OTHER CLAIMANTS; ISLANDER
HOMES OF 'VICTORIA PARK HOMEOWNERS
ASSOCIATION, INC.

Defendant(s). •

FINAL SUMMARY JUDGMENT OF MORTGAGE FORECLOSURE

THIS CAUSE having come to be heard on March 23, 2004 on the MOTION FOR FINAL SUMMARY

JUDGMENT OF MORTGAGE FORECLOSURE INCLUDING A HEARING TO TAX ATTORNEYS' FEES AND

COSTS filed on behalf of BANK ONE, N.A. AS TRUSTEE, FOR THE INDYMAC ARM TRUST MORTGAGE

PASS-THROUGH CERTIFICATES, SERIES 2001-HI, hereinafter referred to as Plaintiff, and the Court having

reviewed the pleadings and affidavits filed by Plaintiffi having heard argument of counsel, and being otherwise fully

advised in the premises:

ORDERS AND ADJUDGES as follows:

1. Service of process has been duly and regularly obtained over ERIC L. NOVESHEN; CHRISTINE L.

NOVESHEN; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE

HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE,

WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, OR

00 TOTAL $406. based upon Section 702. 2004 16.. Plaintiff holds a lien for the total sums set forth in Paragraph2 superior to any claims. OR BK 37131 PG 229.95 NOA PUBLICATION FEE 265. ANY AND ALL UNKNOWN PARTIES CLAIMING BY. The Court finds that the Plaintiff is the owner of the Note(s) and Mortgage(s) being foreclosed in this matter.931.00). P. Plaintiff is due: UNPAID PRINCIPAL BALANCE $356.00 FILING FbL .. WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES. ISLANDER HOMES OF VICTORIA .200. OR OTHER CLAIMANTS. AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE. hereinafter referred to as "Defendants. Page 2 of 4 OTHER CLAIMANTS." ril g• WINS ATION FEE 0. that the fee sought by Echevarria & Associates.698. 4. NOVESHEN. ISLANDER HOMES OF VICTORIA PARK HOMEOWNERS ASSOCIATION. THROUGH. HEIRS. Florida Statutes. UNDER. and Plaintiff is entitled to the foreclosure of its mortgage.A. 5.26 INTEREST THROUGH March 23. CHRISTINE L. the complexity of the foreclosure action. DEVISEES. the affidavits filed herein. INC.04 PRE-ACCELERATED LATE CHARGES 881. NOVESHEN.16 THR• GH D ber 05. The Court finds. and upon consideration of the legal services rendered. P.86 3. The equities of this action are in favor of Plaintiff. interests or estates of Defendant(s) ERIC L.00 RECORDING FEE 6.10. inquiry of counsel for Plaintiff. Echevarria & Associates.A. Two hundred and 00/100 Dollars ($1.353.'s flat fee agreement with its client and Florida law.00 INVESTIGATION/SERVICE OF PROCESS 424.CFN # 103842604. the amount of time and labor reasonably expended by lawyers in the community in prosecuting routine mortgage foreclosure actions." 2.00 ATTORNEY'S FEE 1. - " 0.200. is reasonable and awards a fee of One thousand.

. FRANK STRANAHAN'S SUBDIVISION. Any amounts so retained are to be distributed to each Defendant. FLORIDA. . the Clerk shall distribute the proceeds of the sale. at 11:00AM. documentary stamps affixed to the Certificate. at THE LOBBY OF THE BROWARD • COUNTY COURTHOUSE IN FT.•. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK G. ILIk ' .. is not paid immediately.. . Plaintiffs attorney's fees. FL 3301 D If the total suniletaith m Pail—graph 2. . The Clerk shall set a sale date between 20 to 35 days from the date of this Judgment 7. OF THE PUBLIC RECORDS OF DADE COUNTY. plus interest at the rate prescribed by law fi -om this date to the date of the sale to Plaintiff.. Mirk LYING AND 1 T/LIA. less the items paid.031 (1999). THENCE NORTH 00°06'51" WEST. II . On filing the Certificate of Title with respect to the property described in Paragraph 5.iii1 11:1 dm _.7 3746 TCE . as determined by Order of this Court. and shall be reimbursed upon Order of the Court if Plaintiff is not the purchaser of the property described in Paragraph 5 at the sale. the Clerk of this Court shall sell the property described in Paragraph 5 at a public sale on Apt \ 26. to the highest bidder for cash. Florida: ISLANDER TOWNHOMES OF VICTORIA PARK . •1' i 44 : t y '51' .. S 11471 Is. ALONG THE WEST LINE OF SAID BLOCK G (FOR A BASIS OF BEARINGS)..4) „3'. on the following-described property located and situated in BROWARD County. the bid may be assigned without further Order of this Court and the Clerk shall credit the Plaintiffs bid with the total sum set forth in Paragraph 2 above. except as hereinafter set forth. second. 2004. including advances made by Plaintiff to preserve its collateral which are secured by the lien of its mortgage.. • T. OR BK 37131 PG 230. 1. fourth.CFN 1 103842604. BLOCK G. • NG e . Page 3 of 4 PARK HOMEOWNERS ASSOCIATION. ' fi. . so far as they are sufficient.25 FEET TO THE POINT OF BEGINNING. by paying: first. AS RECORDED IN PLAT BOOK 3. PAGE 115. If Plaintiff is the purchaser.. the ra . under or against these defendant(s).. The Clerk shall retain any amount remaining pending the further Order of this Court. INC.1 II' r ( is 7 percent) and all costs of this action accruing subsequent to this Judgment. third. through. accruing subsequent to this Judgment.RD OW CO RID A N ea st ort Laud r le.F LINE FO .UNIT 4 A PORTION OF LOTS 13 AND 14.. FOR 102. THENCE CONTINUE NORTH 00°06'51" WEST FOR 37. LAUDERDALE in BROWARD County. the total sum due to Plaintiff. all of Plaintiffs costs. Plaintiff shall advance all subsequent costs of this action.1:. . H t :1 ' --POINT OF BEGINNING. b t THE Da:* :1 14. I . and any person or entities claiming by. as set forth in Paragraph 2.1 I • . or such part of it as is necessary to pay the bid in full. Florida in accordance with Florida Statutes Section 45. together with interest as prescribed by law and costs. ACCORDING TO THE PLAT THEREOF. 8.45 FEET TO THE : CO ' • IA' SAID ORTH 90°00'00" EAST ALONG skip i 1 i : • 1.

At the time of the sale the successful high bidder shall post with the Clerk a deposit equal to five percent (5%) of the final bid. FL 33301 ISLANDER HOMES OF VICTORIA PARK HOMEOWNERS ASSOCIATION. including the entry of a dpficiency decree if borrower(s) has not been discharged in bankruptcy or constructively served. if appropriate. Jurisdiction over this action is retained to enter such further Orders to give Plaintiff adequate and complete relief as may be necessary and proper. FL 33301 CHRISTINE L. INC. FL 33301 . The successful bidder and purchaser at the foreclosure sale of the real property being foreclosed shall pay. this c23 117A-. Box 25018 Tampa. P. I 1. Florida. Any described in Paragraph5. in addition to the amount bid. 2004. day of . NOVESHEN 306 Northeast 11th Avenue Fort Lauderdale. The Clerk of the Circuit Court is Ordered to issue a Writ of Possession upon demand by the purchaser or purchasers. the Clerk shall re-advertise the sale as provided in this section. The deposit shall be applied to the sale price at the time of payment. NOVESHEN 306 Northeast 11th ave Fort Lauderdale. Copies furnished to: Echevarria & Associates.CFN # 103842604. Lauderdale. together with additional attorney's fees. OR BK 37131 PG 231. and pay all costs of the sale from the deposit. If final payment is not made within the prescribed period.O. any documentary stamps and Clerks fee relating to the issuance of the Certificate of Title to be issued by the Clerk to the successful bidder and purchaser. in BROWARD County. Page 4 of 4 9. eo Eric Noveshein 306 NE 11th Avenue Ft. DONE AND ORDERED in Chambers. P. Florida 33622-5018 ERIC L.A. and the purchaser or purchasers at the sale shall be let into possession of the property.