IN THE NINTH FOR

CIRCUIT JUDICIAL

COURT CIRCUIT COUNTY,

OF

THE IN AND

ORANGE

FLORIDA

BANK

OF

AMERICA,

N.A., CASE NO.: 2011-CA-001570-O BUSINESS LITIGATION

a national banking association, COMPLEX

Plaintiff, VS.

DAVID LAKE 8

A. SIEGEL, BUTLER

JACQUELINE

SIEGEL,

COMMUNITY . a Florida corporation, ASSOCIATION, INC., CONDOMINIUM SHORES TUSCANY SOUND OWNERS ASSOCIATION, INC., a Florida

B: 18211 P: 3980 DOCM 20110244305 se:4e PM Page 1 of to a Pisee Comptroller 9L u 10 - Ret To: LERK OF COURT CIVIL

corporation, Defendants. o STIPULATED O THIS O E N.A.'s Motion for Entry of Final Judgment of Foreclosure, and the Court having CAUSE having come Bank before the Court on Plaintiff, of America, FINAL JUDGMENT OF FORECLOSURE

a a C

considered the pleadings and proofs submitted, having reviewed the court file, aving h been advised of the agreement of the parties as announced in open court, and being

otherwise fully advised, finds as follows: 1. This Court has jurisdictionof the subject matter hereof and the parties

hereto.

2.

The

address of Defendants, DAVID

A. SIEGEL

and JACQUELINE Green Island Cove, SOUND

SIEGEL

(collectively referred to as "Borrowers") FL 32786. The

is 9766

Windermere,

address of Defendant, a Florida

LAKE

BUTLER

COMMUNITY

ASSOCIATION,

INC.,

corporation FL 32779.

("Lake

Butler

Association") is 2180 W TUSCANY

SR 434, Ste 5000, Longwood, SHORES CONDOMINIUM

The address of

Defendant,

OWNERS

ASSOCIATION, S. Atlantic Ave., OF AMERICA,

INC., a Florida corporation ("Tuscany Beach Shores, FL 32118.

Association")

is 2901

Daytona

The address of Plaintiff, BANK Blvd., Mail Code

N.A. ("Plaintiff"or "Bank"), is 101 E. Kennedy FL 33602-5179.

FLl-400-07-01,

Tampa,

3.

Each of the Defendants

in this action have been properly served with a

Summons

and a copy of the complaint filedby Plaintiff. Borrowers are in breach of the Loan Documents (as defined in the of

4.

Motion),

the Borrowers

have

stipulated to the entry of a Final Judgment

Foreclosure, and the Defendants

have failedto raise any genuine issue of material of Foreclosure as a

fact. As such, Plaintiffis entitledto the entry of Final Judgment

matter of law.

5.

All parties were properly served with the Motion of Foreclosure and the Notice of Hearing

for Entry of Final (20) days in

Judgment

at least twenty

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advance

of the hearing. The Court has reviewed the Verified Amended and Plaintiffs

6.

Complaint

and against the Affidavit in Support of the Motion. The equitiesare with the Plaintiff Defendants. Plaintiffis the prevailing party as to allcounts of itsVerified Amended

7.

Complaint. This Court ORDERS and ADJUDGES that:

1.

Plaintiff's Motion

for Entry of Final Judgment

of Foreclosure

is

GRANTED. under the Loan Documents There is presently due to the Plaintiff, sued

2.

upon, the following sums:

Principal due under Lake Butler Note: Accrued intereston Lake

$9,779,631.45

$375,513.09

Butler Note through May 5, 2011: Total Amount under Lake Due Butler Note: $10,155,144.54

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Principal due under Condo 101 Note: Accrued Condo May intereston

$611,000.00

$6,256.25

101 Note through 5, 2011: Due: $617,256.25

Total Amount

Principal due under Condo 801 Note: Accrued Condo May intereston

$611,000.00

$6,256.25

801 Note through 5, 2011: Due: $617,256.25

Total Amount

Attorneys' Fees: Costs:

$12,000.00 $2,390.00

3.

Thus,

Plaintiff, BANK

OF

AMERICA,

N.A.,

is awarded

a final

judgment which

of foreclosure against Borrowers

in the total amount

of $11,404,047.04,

shall bear interestat the rate of 6%

per annum.

4.

Further, the Mortgages

sued on by the Plaintiffin this cause constitutes are in default

valid first liens on the Properties (defined below), and the Mortgages as alleged in the complaint.

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5.

Plaintiffholds liens for the total sum

set forth above which

liens are

superior to any claim or estate of Defendants described in the Mortgages, Lots

on the real and personal property

which properties are more particularly described as: Butler in Plat

22, 23, 24, 25 and 26, Reserve at Lake Sound, according to the plat thereof, as recorded

Book

45, Pages 120 through 134, inclusive, of the Public Records of Orange County, Florida with all the

Together

easements, improvements, fixtures that are a part of the and appurtenances, and additions property, as well as all replacements thereto

AND

Unit 101 of Tuscany Shores, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Records amendments in the common of Book 5706, Page 582 of the Public

and Florida, any County, with itsundivided share thereto, together Volusia elements

AND

Unit 801 of Tuscany to the Declaration Official Records Records amendments in the common of

Shores, a Condominium of Condominium Book 5706, Page

according thereof, recorded in 582 of the Public

and Florida, County, any thereto, together with itsundivided share Volusia elements.

(collectively described herein as the "Properties"), with the exception assessments that are superior pursuant to the Chapter 720, Florida Statutes.

of any

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6.

Ifthe totalsum above with interestat the rate prescribed by law, and all are not paid in full,the at sale on

fees and costs accrued subsequent to this Final Judgment, of this Court shall sell the

Clerk

Properties

public

(0

, 2011, at

( ('.co

a.m., or soon thereafter,to the in an online sale

highest bidder for cash, except as set forth in this Final Judgment, at www.myorangeclerk.realforeclosure.com, Statutes.T in accordance with

45.031, Florida

nt, t

7.

Plaintiffmay

assign this Final Judgment

and / or itscredit bid by the

filingof a Notice of Assignment 8.

without further order of this Court.

Plaintiffshall advance all subsequent costs of this action and shall be isnot the purchaser of the Properties at for them by the Clerk ifPlaintiff

reimbursed

bid with the the sale. If Plaintiffis the purchaser, the Clerk shall credit Plaintiff's due under this Final Judgment together with interestand costs accruing

total sum

as subsequent to thisFinal Judgment, or such part of it, is necessary to pay the bid in full.

9.

After confirmation of the sale,whether confirmation is by the Clerk's

filingof the Certificateof Title or by Order of this Court ruling on objections to the

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sale, the Clerk shall distributethe proceeds of the sale, so far as they are sufficient, allof Plaintiff's costs; second, Plaintiffs attorneys' fees;third,the by paying: first, totalsum due to Plaintiff plus interestat the rate prescribed by law from this date to the date of the sale; and last, retaining any remaining amount by pending the further

order of this Court. The highest bidder at the sale shall pay the documentary

stamps

affixed to the Certificateof Title and the cost, if any, of recording the Certificateof

Title. 45.031, Fla. Stat.: THERE PAYMENT THE MAY OF SALE

10.

Notice pursuant to PROPERTY MONEY ARE

IF THIS BE ADDITIONAL

IS SOLD FROM ENTITLED TO THE

AT THE TO FINAL

PUBLIC SALE BE

AUCTION, AFTER PAID FROM

PERSONS PROCEEDS

WHO

PURSUANT

JUDGMENT.

IF YOU TO WITH SALE. TO ANY FUNDS THE IF YOU

ARE

A SUBORDINATE AFTER NO TO LATER FILE FUNDS.

LIENHOLDER THE THAN A CLAIM, SALE, SIXTY YOU YOU

CLAIMING MUST FILE

A RIGHT CLAIM

REMAINING CLERK FAIL

AFTER THE (60) DAYS BE ENTITLED WILL NOT

REMAINING

IF YOU FUNDS ANY YOUR MONEY CLERK

ARE

THE YOU

PROPERTY ARE NOT

OWNER, REQUIRED AND YOU

YOU TO DO

MAY HAVE

CLAIM A LAWYER TO

THESE OR

YOURSELF. OTHER RIGHTS TO OF

REPRESENTATION TO WHICH THE ANYONE YOU ARE ELSE

NOT YOU

HAVE TO

ASSIGN ANY THE FL SEE SALE

IN ORDER

FOR PLEASE

CLAIM WITH

ENTITLED. ORANGE (10) DAYS FROM REGISTRY

CHECK

COURT,

425 NORTH TEN MONEY

AVENUE, AFTER THE OF THE

ORLANDO, SALE TO

32778, (407) 836-2225, WITHIN IS ADDITIONAL IF THERE THAT THE CLERK HAS

FORECLOSURE THE COURT.

IN THE

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IF YOU HELP VERY SOMEONE TO THE YOU

DECIDE CLAIM

TO THE ALL

SELL

YOUR

HOME MONEY, ARE

OR

HIRE YOU

SOMEONE SHOULD TO SIGN, THAT ARE IN

TO READ ASK

ADDITIONAL PAPERS AN TO ARE PROPERTY THE PROPER YOU

CAREFULLY ELSE, PERSON

PREFERABLY OFFERING

ATTORNEY YOU,

REQUIRED WHO TO AND MAKE THAT

IS NOT SURE YOU

RELATED YOU NOT YOUR

HELP

UNDERSTAND TRANSFERRING PROPERTY AFFORD SOCIETY TO OF

WHAT YOUR WITHOUT PAY THE TO AN

YOU

SIGNING OR

THE

EQUITY IF YOU

INFORMATION. YOU MAY CONTACT

CANNOT AID 32801, THEIR ABLE SUGGEST ORLANDO TO

ATTORNEY,

LEGAL FL FOR BE OR

OCBA, SEE

100 E. ROBINSON QUALIFY ASSIST BAR CHOOSE REFERRAL TO CONTACT DO

ST., ORLANDO, FINANCIALLY

(407) 841-8310 IF THEY SERVICES. REFER OTHER LEGAL AFTER YOU TO A

IF YOU CANNOT

YOU,

THEY AGENCY

MAY

LOCAL

OPTIONS. SERVICES, RECEIPT

IF YOU

GREATER AS SOON AS

INC., YOU OF THIS

SHOULD

SO

POSSIBLE

NOTICE.

11.

On filingthe Certificateof Title,Defendants

and allpersons claiming shall be

under or against Defendants

since the filing of the Notice of Lis Pendens

forever foreclosed of allright,title, nterest, estate,or claim in the Properties being i sold, and shall be forever barred and foreclosed of any and all equity or right of in and to said Properties. After the conclusion of the sale,whether confirmation is by the Clerk's

redemption 12.

filingof the Certificateof Title or by Order of this Court ruling on objections to the sale,the purchaser at the sale,itsagents, representatives,successors or assigns, shall without delay be letinto possession of the Properties as conveyed, and should anyone not deliver possession of the Properties to the purchaser, the Clerk shall, upon request

-8-

and wideskt further order of the Court, immediately deliver same to the sherifffor execution.

issue a writ of possession and

13.

Any

advances or additional costs of the Plaintiffmay

be added to the

amount

of Plaintiffs judgment

prior to the public sale by filing with the Clerk of

which is served on allparties,including defaulted Court an affidavitof the Plaintiff parties,prior to the date of the sale,which affidavitincludes proof of payment such advances or additional costs. of any

14.

Jurisdictionofthis action and jurisdictionover the Defendants isretained as are proper including, without limitation, and

to enter further orders and judgments

award

of attorneys' fees and costs in favor of Plaintiff, deficiency judgments,

writs of possession. DONE AND ORDERED in Orange Florida, this a of

County,

day

THE

HONORABLE

FREDERICK

J. LAUTEN

Circuit Court Judge

CERTIFICATE

OF

SERVICE

certifythat a true and correct copy of the foregoing was furnished via FirstClass U.S. Mail this_ "[__ day of ,2011, to: Bradley I HEREBY

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& T. Dixon, Esq., Winderweedle, Haines, Ward Saxton, Esq. and Andrew P.A., P.O. Box 1391, Orlando, FL 32802-1391; R. Scott Shuker, Esq. and Woodman, Justin M. Luna, Esq., Latham, Shuker, Eden & Beaudine, P.A., 390 N. Orange M. Avenue, Suite 600, Orlando, Florida 32801; James A. Gustino, Esq.; P.O. Box Owners 770759, Winter Garden, Florida 34777; and Tuscany Shores Condominium Association, Inc. c/o its registered agent, Larry Page 2901 S. Atlantic Avenue, Beach Shores, Florida 32118.

Daytona

Attorney / JudiciaHossistant----

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