Agenda 01/12/2016 Item #16D 7 1/12/2016 16.D.7.
EXECUTIVE SUMMARY
Recommendation from Community and Human Services Division to approve a satisfaction of
mortgage in the amount of$5,000 for an owner-occupied affordable housing unit that has satisfied
the terms of assistance of Collier County State Housing Initiative Program.
OBJECTIVE: To continue to support the Collier County down payment and emergency repair and/or
rehabilitation assistance programs.
CONSIDERATIONS: The State Housing Initiative Program (SHIP), a state affordable housing
program, offers assistance to first time homebuyers for use toward a portion of the required down
payment and emergency repair and/or rehabilitation assistance programs. As a condition of the award, the
homeowner must repay the assistance provided upon sale, refinance or loss of homestead exemption.
The first mortgage on 2396 Bayside Street is being refinanced. As part of that transaction a satisfaction of
the second mortgage for the SHIP award was requested. The second mortgage and note do not contain a
maturity date. The applicable Local Housing Assistance Plan (LHAP) does not contain a maturity date
policy. Accordingly, staff requested technical assistance from Florida Housing Finance Corporation, the
grantor agency.
Florida Housing Finance Corporation advised staff to apply Section 95.281(2)(b), Florida Statutes.
Section 95.281 (2)(b) provides that if the final maturity of an obligation secured by a mortgage is not
ascertainable from the record of it, the lien of a mortgage or other instrument encumbering real property
shall terminate twenty years after the date of the mortgage.
The following owners have occupied the property in accordance with the terms of the second mortgage
since 1995:
Date 20 years
Name Grant Address Assistance OR Book from date Loan Amount
Provided &Page of the being Satisfied
mortgage
Sergio
Estrada& 2396 Bayside Street OR 2066
Kimberly SHIP Naples,FL 33962 05/24/1995 PG 0822 05/24/2015 $5,000.00
Hunter
Approval of this item will authorize the Chairman to sign the aforementioned satisfaction of mortgage
and the executed document shall be recorded in the Public Records of Collier County,Florida.
FISCAL IMPACT: There is no fiscal impact is associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: Section 95.281(2)(b), Florida Statutes acts as a twenty year statute of
limitation barring the County's enforcement of the mortgage. Past Board approved LHAPs require that
SHIP mortgages contain a 15-year maturity date. Accordingly,Board approval of this item will not result
in a windfall to the property owners nor create a disparity of treatment between these SHIP recipients and
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other SHIP recipients. This item is approved for form and legality and required a majority vote for Board
approval. -JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign a satisfaction of mortgage for an owner-occupied affordable housing unit that has
satisfied the terms of assistance.
PREPARED BY: Mandy Moody, Grant Support Specialist, Community&Human Services Division
Attachments:
1)Florida Statute 95.281
2) SHIP Mortgage-Estrada
3) Satisfaction for Estrada
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1/12/2016 16.D.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.7.
Item Summary: Recommendation from Community and Human Services Division to
approve a satisfaction of mortgage in the amount of$5,000 for an owner-occupied affordable
housing unit that has satisfied the terms of assistance of Collier County State Housing Initiative
Program.
Meeting Date: 1/12/2016
Prepared By
Name: MoodyMandy
Title: Grants Support Specialist, Community&Human Services
12/8/2015 12:33:22 PM
Submitted by
Title: Grants Support Specialist, Community&Human Services
Name: Moody Mandy
12/8/2015 12:33:24 PM
Approved By
Name: GrantKimberley
Title: Division Director-Cmnty &Human Svc, Community &Human Services
Date: 12/9/2015 6:11:22 PM
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation, Community&Human Services
Date: 12/10/2015 9:00:26 AM
Name: KushiEdmond
Title: Accountant, Community &Human Services
Date: 12/11/2015 9:28:20 AM
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 12/14/2015 8:56:57 AM
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Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 12/14/2015 10:19:34 AM
Name: HudnellRaynesha
Date: 12/14/2015 1:46:15 PM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 12/14/2015 4:01:24 PM
Name: CameliSteve
Title:Department Head-Public Services,Public Services Department
Date: 12/15/2015 7:29:51 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 12/15/2015 2:02:29 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/16/2015 2:31:02 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 12/16/2015 4:58:03 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 12/27/2015 11:20:03 AM
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Statutes& Constitution :View Statutes : Online Sunshine 1/12/2016 16.D.7.
Select Year: 2015 V Go
The 2015 Florida Statutes
Title VIII Chapter 95 View Entire Chapter
LIMITATIONS LIMITATIONS OF ACTIONS; ADVERSE POSSESSION
95.281 Limitations; instruments encumbering real property.—
(1) The lien of a mortgage or other instrument encumbering real property, herein called mortgage,
except those specified in subsection (5), shall terminate after the expiration of the following periods of
time:
(a) If the final maturity of an obligation secured by a mortgage is ascertainable from the record of
it, 5 years after the date of maturity.
(b) If the final maturity of an obligation secured by a mortgage is not ascertainable from the record
of it, 20 years after the date of the mortgage, unless prior to such time the holder of the mortgage:
1. Rerecords the mortgage and includes a copy of the obligation secured by the mortgage so that the
final maturity is ascertainable; or
2. Records a copy of the obligation secured by the mortgage from which copy the final maturity is
ascertainable and by affidavit identifies the mortgage by its official recording data and certifies that the
obligation is the obligation described in the mortgage;
in which case the lien shall terminate 5 years after the date of maturity.
(c) For all obligations, including taxes, paid by the mortgagee, 5 years from the date of payment. A
mortgagee shall have no right of subrogation to the lien of the state for taxes paid by the mortgagee to
protect the security of his or her mortgage unless he or she obtains an assignment from the state of the
tax certificate. Redemption of the tax certificate shall be insufficient for subrogation.
(2) If an extension agreement executed by the mortgagee or the mortgagee's successors in interest
and the mortgagor or the mortgagor's successors in interest is recorded, the time shall be extended as
follows:
(a) If the final maturity of the obligation, as extended, secured by the mortgage is ascertainable
from the record of the extension agreement, 5 years after the date of final maturity of the obligation as
extended.
(b) If the final maturity of the obligation, as extended, secured by the mortgage is not ascertainable
from the record of the extension agreement, 20 years after the date of the extension agreement, unless
prior to such time the holder of the mortgage:
1. Rerecords the mortgage and includes a copy of the obligation, as extended, secured by the
mortgage soy that the final maturity is ascertainable; or
2. Records a copy of the obligation, as extended, secured by the mortgage from which copy the final
maturity is ascertainable and by affidavit identifies the mortgage by its official recording data and
certifies that the obligation is the obligation described in the mortgage;
in which case the lien shall terminate 5 years after the date of maturity as extended.
ii
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(3) If the record of the mortgage shows that it secures an obligation payable in installments and the
maturity date of the final installment of the obligation is ascertainable from the record of the mortgage,
the time shall run from the maturity date of the final installment.
(4) The time shall be extended only as provided in this law and shall not be extended by any other
agreement, nonresidence, disability, part payment, operation of law, or any other method.
(5) This section does not apply to mortgages or deeds of trust executed by any railroad or other
public utility corporation or by any receiver or trustee of them or to liens or notices of liens under
chapter 713.
History.—ss. 1-7, ch. 22560, 1945; s. 1,ch. 29977, 1955;s. 18, ch. 74-382;s. 1,ch. 77-174;s. 4,ch. 83-267; s. 3, ch. 83-
311; s. 527,ch. 95-147.
Note.—Former ss. 95.28-95.32.
Copyright® 1995-2015 The Florida Legislature • Privacy Statement • Contact Us
it
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• IICOIDID is ORICIAI 11COIDS of COL1111 COOSTT, 1L
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SZCOND )IDRTGAG61eta:
AD11111G1 TITLI OP SW PL
2140 GOLDII WTI PLY! 1101
IAPLI3 iL 13542
TRIR SECOND MORTGAGE (•Security Instrument*) is elven on May 24 , 199_1_. The Second Mortgagor is:
Sergio Estrada and Kimberly Nutter
(*Borrower*). This Security Instrumet is given to tallier county
(*Lenders). which is orgsnlzed end existing under Borrower ores of Lender the States
ea of of
Awerlca, and those address is Borrorower Vote dated the sees date
jtlE Ttl0taalD mime nn wor100 (U.S. s 5.000.00 ). This debt iii evidenced by ts, with the full debt, if not paid
as this Security Instrument (*Second Mortgage*), which provides for monthly payments,
earlier, da',cleaning on • This Security lnstrtmsnt secures to Lander: (a) the repaymrtt
of the debt evidenced by the Mote, with interest, and ell renewals, extensions and modification; (b) the payment of
all other .tae. with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (e)
the performance of Sorrower's covenants and and narnr•Y under LttHnisr ecuuri llewirottr and the Mote. IFortth this
l purpose.
Borrower does hereby secondsm rtgage, R
Collier County,
*Payable upon sale of property, refinance or los of homestead exemption
As more perticulerly described on Exhibit "A,* and which has the address of
(*Property Address"): 2396 aavalde tttrest
ot,..0
�e,ar� uaN
�pp c�`�, tag on the property, and all easements, rights,
TOGETHER rR rents, ya the i in.rsmhe�hlg • gas^NigR .fits, water rights end stock and ell fixtures nom
or hereafter wa a rent, thealrp i `eadS.°(t(sc is and • •'" ll also be covered by the Security Instrument.
Al of th s pert of is property
All of the MER Og is reheated o UV is Security Iled of the Property*. ad has the right to mortgage,
gORRQER tpVENANTf that � t. tr,fully Miffed of tag** q hereby Conveyed
utter *scoot for encumbrances of record. Borrower
grant and convey the Property and i he PreipProp weMnc abject to any encumbrances
warrants and will defend ilasr•htY t tit Ti t Property inn ell claims and demand.,
of record. (( o -• .w: t r , l use and nom uniform covenants with limited
THIS SECURITY INSTRUMENT OYeus real property.
variation by jurisdiction to Fors itu• a f o s 1 i
UNIFORM COVENANTS. So r r ov f ••has tollols: l then due the
1. Payment of Prinoil u • L • eAmte4) Borrower shell prcapt Y pay
principal of and interest on ihs'debt evident • by the 5*15.
2. Taxes. The Mortgejorr tl pay all taxes, essesaaatts� seJwer,Vernts or water rates prior to the accrual of
any parities or interest shell paydi ash !� ''-a tiwly become clue, (A)lU all taxes and
The Mortgagor shell p roe muse to be paid. fl"
governantd charges of ai kind nod (which may at and time Artfully assessed or levied against or with respect
to the Property, (2)all utility ate roes, including s • charges*, incurred or imposed for the
t of , end (3) all assessnants or other governmental
maintenance,agtht use, awfully be upkeep i ri years, the Mortgagor shall be obligated under the
Mort aO that may lawfully to be paid in 1 a t} oMSn
Mortikpe to pay or cause to be paid only talltent - • required to be cold doing the term of the Montag.,
and shall, promptly after the payment of any o rT1 to RIgoino, forward to Mortgages evidence of such peyment.
3. Application of Payments. Unless applicable law provides otherwise. all payments received by Lender shall
be applied; first, to in due; and, to principal due; and last, to any late chars**due tinder the Note.
f. Charges; Liens. borrower shall pay all tames, assessments, charges, fins and impositions aat�tbutablee tyo, if
the Property which may attain priority over this Security Instrument, and leasehold payments
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and ell receipts
evidencing the payments.
Borrower .hatt promptly discharge any lien which has p the riority tien to• this Security�henstrruumeent unless contests
(a) agrees in writing to the payment of the obligation secured by
on
in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's sopiini n
operate to prevent the enforcement of the lien; er (e) secures from the holder of the lien en li eereemaw
to Lender subordinating the lien to this Security Instrument. If Lender dxtensines that any part of the Property is
o bject to a lien whit*may attain priority over the Security Instrument, Lender may give lrrower a notice identifying
the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the
giving of notice. is now existing or hereafter erected on
S. Hazard or Property Insurance. Borrower shall keep the inprovemen any hazards.
tag Property inured against loss by fire, hazards within the *ex eeedhcotera i veiny of er amonts
including floods or flooding, for which Lender requires
and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Sorrow
abject to Lender's approval which shall not be unreesonebly withheld. If Borrower fails to maintain coverage described
above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with
paragraph 7. At all times that the Note is outstanding, the Mortgagor shad maintain insurance w�respect the
Premises against such risks and for such amounts as are customarily insured red*Ain't d pa ,insurance Pthe same On interests
ofyable, all pgor an In respect thereto, loss or dares to the Premises by fire, lightning, and other casualties
c• the Mortgagor and against (i age
eWtomarily insured aeslnt (Includlree teller s.y,lwlon, if appr•aprlate). with a uniform standard extended cover.**
.dera•mett, including debris removal coverage. Such insurance at all times to be In en amount not lege than the futt
rplscsmsnt cost of the Premises, exclWin of footings and foundations.
All insurance policies and renewals Mall be acceptable to Lender and shell include a standard d wartipe give to
Lender shall have the right to hold the policies and renewals. If Lender rag' notice to
Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall sive prompt
the insurance carrier and Lender. Lewder may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise spree in writing, insurance proceeds Malt be applied to restoration or
repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not
lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the
insurance proceeds shall to applied to the sums secured by the Security Inatrtamnt, whether or not then due, with any
excess paid to Sorrower. If Borrower abandons the Property, or does not answer within 30 days a notice from a der
thet the insurance carrier has offered to settle a claim, then Lander may collect the insurance proceeds. Lender
•1-
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PORN 0
use the proceeds to repair or restore the Property or to pay summa secured by this Security instrument, whether or
not then due. The 30-day period will begin when the notice is moiled. Unless Lender and Borrower otherwise agree
in writing, any application of proceeds to principal shall not extend or postpone the due dote of the monthly
payments referred to in paragraph 1 or change the mount of the payments. If under paragraph 21 the Property is
priorred he acquisition shall peas too Leder tortheaepaentiof of the the et proceeds secured byithis from the to
immediately prior to the acquisition.
6. Occupancy, Preservation, Naintenence and Protection of the Property; Borrower's Loan Application,
Lease holds. Borrower shell occupy, establish, and use the Property as Borrower's principal residence within sixty
days after the execution of this Security Instrument and shall continue to occupy
pydthe Propert
ty as Borr w r''ft(ng,
principal residence for at least one year after the date of occupancy, unities
which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate,
or commit waste on the Property. Borrower shell be in default if any forfeiture action or proceeding, bather civil
or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise
materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure
such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with
a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property
or other material impairment of the lien created by this Security instrument or Lender's security interest.
Borrower shall also be in default if Borrower, during the loan application process, Mw materially false or
n
inaccurate information or statements to Lender for failed to provide Lender with any material infonation)ilinrawer't
connection with the loan evidenced by the Note, including, but not limited to, representations
occupancy of the Property as •principal residence. If this Security Instrument is on a leasehold, Borrower shall
comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the
fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. if Borrower fails to perform the covenents and
agreements contained in this Security Instrument, or there is a legal proceeding tha�asiggnnificanttlyiaaffect to
Lender's rights in the Property (such as a proceeding in bankruptcy, probate,
enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the
Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by • lien which
has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on
the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do
so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and L wee-to�_,.Otiter terms of payment, these amounts shall beer interest
from the date of disbursement at the Nete std 1, a le with interest, upon notice from Lender to
Borrower requesting payment. 4 \. �r!
8. Mortgage insurance. If fn tTquired most iAs- • as a condition of making the loan secured by
this Security Instrument, Borrow y the premiums requ intain the mortgage insurance in effect.
If, for any reason, the mortgage%inseams coverage required by L r apses or ceases to be in effect, Borrower
shall pay the premiums required/to ejit ,n cove- . substan fatly ivalint to the mortgage insurance previously in
effect, at a cost substantiallj{egufval -• the cost o rower o the sortgage insurance previously in effect,
from an alternate mortgage insurer owed by • If • tantia ly e4uivsient mortgage insurance coverage is
not available, Borrower shall pay
r twelfth of the yearly mortgage insurance
premium being paid by 'err wh t e i ear c r l ceased;to be in effect. Lender will accept,
use and retain these payment as A�loua riser e n i - • tee n urante. Loss reserve payments may no longer
be required, at the option off t r • e cov rte ( i.4l k amount and for the period that Lender
requires) provided by an insu{er.. by r • bec aaii'A and is obtained. Borrower shall pay the
premium required to maintain y{ age insurance in*fin; or t pr i!R'S loss reserve, until the requirement for
mortgage insurance ends in racer a with any written agr�,nt/betdema)'orrower and Lender or applicable law.
9. Inspection. Lende ) s agent may make ram le'olds upon and inspections of the Property.
Lender shall give Borrower notic Art time of or prior to in). yon n specifying reasonable cause for the
inspection. `
10. Condemnation. The pr award or m,1p�,ebmioes, direct or consequential, in connection
with any condemnation or other taking a an')or{ er$( Y for for conveyance in lieu of condom etion, are
hereby assigned and shall be paid to l 4 trh e 012b1,1-total taking of the Property, the proceeds shalt be
applied to the sums secured by this Security ether or not than due, with any excess paid to Borrower.
In the event of a partial taking of the Property, in which the fair market value of the Property immediately before
the taking is equal to or greater than the meant of the sum secured by this Security Instrument immediately before
the taking, unless Borrower and Lender otherwise agree in writing, the sus secured by this Security Instrument
shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total aaeunt of the
sum secured immediately before the taking, divided by (b) the fair market value of the Property immediately before
the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the
fair market value of the Property immediately before the taking is less than the amount of the sum secured
immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable led otherwise
provides, the proceeds shell be applied to the sums secured by this Security Instrument whether or not the sums are
then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not
extend or postpone the We date of the monthly payments referred to in paragraphs 1 or charge the amount of such
payments.
11. Borrower Not Released, forbearance By lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to
extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason
of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in
exercising any right or remedy shall not be a waiver of or preclude the ise of any right or remedy.
12. Successors and Assigns good; Joint and Several Liability; Co-Signers. The covenants and agreements of
this Security Instrument shall bind and benefit the successors end assigns of lender and Borrower, subject to the
Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-
signs this Security Instrument but does not execute the Note; (a) is co-signing this security Instrument only to
mortgage, grunt and convey that Borrower's interest in the Property under tine terms of this Security Instrument; (b)
I. not per.onelly ebliaated to pay the ups secured by this Security Instrumnt; end (c) agrees that Lender and any
other Borrower may egret to extend, modify, forbear or make any accommodations with regard to the terms of this
Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security instrument is object to a law which sets maximum
loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be
collected in correction with the loan exceed the permitted limits, then: (a) any such loan charge shell be reduced
by the amount necessary to reduce the charge to the permitted limit; and (b) any sum 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 uder the Note or by making a direct payment to Borrower. If a refund reduces
principal, the reduction will be treated us • partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shell to given by delivering
it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be
directed to the Property Address or any other address Borrower designates by notice to lender. Any notice to Lender
shell be given to Borrower or lender when given as provided in this paragraph.
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FORM 0
. 1S. Governing Law; Sever•bility. This Security Instrument shall be governed by federal low and the law of
the jurisdiction in which the Property is located. In the event that arty provision or clause of this security
instrument or the Mote conflicts with applicable low, such conflict shall not affect other provisions of this
Security Instrument or the Mote which can be given effect without the conflicting provision. To this end the
provisions of this security Instrument and the Note are declared to be able.
16. Borrower's Copy. Borrower shall be given one conformed copy of the wote and of this Security
inert rat.
17. Transfer of the Property or •Beneficial interest in Borrower. If all or any part of the Property or
any intermit in it Is sold or transferred (or if a beneficial interest in Borrower is sold or transferred acid
Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require
immediate payment in full of ell sues secured by this Security Instrument. However, this option shalt not be
lied by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercised 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 delivered or mailed within which Borrower must pay all
stns 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.
111. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to
have enforcement of this Security Instrument discontinued at any time prior to the earlier of : (a) S days (or such
other period as applicable taw may specify for reinstatement) before sale of the Property pursuant to any power of
sale contained in this Security Instrument; or (b) entry of • judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sue Which then would be u..e under this Security Instrument and
the Note as if no ecceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays
all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's
fees; and (d) takes such action es Lender may reasonably require to assure that the lien of this Security
Instrument, Larder's rights in the Property and Borrower's obligation to pay the sum secured by this Security
Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations
secured hereby shell remain fully effective as if no acceleration had occurred. However, this right to reinstate
shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this
Security Instrument) may be gold one or more times without prior notice to Borrower. A sale may result in a change
in the entity (known as the "Loan Servicer") that collects monthly payments due under the Mote and this Security
Instrument. There also may be one or more changes of the loan Servicer unrelated to a sale of the Note. If there
is a charge of the Loan Servicer, Borrower will km-gFven-wr•taem notice of the change in accordance with paragraph
14 and applicable law. The notice will atat " angif ,. of the new loan Servicer and the address to which
payments should be made. The notice wil l • •• • , Ibtmation required by applicable low.
20. hazardous Substances. 'of iii not cause o he presence, use disposal, storage, or
release of any hazardous Substances on 6r°t• the Property. Bore. `L not do, nor allow wrong else to do,
anything affecting the Property thay'is'ti(violation of any Environmental w. The preceding two sentences shall
not apply to the presence, use, or/stor on a rty of,Wll qukntit( a of hazardous Substances that are
generally recognized to be sppropr�iate o ni4esii zesidentiaClis6s and to mai iruance of the Property.
Borrower shall promptly give Lender w tten notic$.J.or y inves 'potion, cls , demand, lawsuit or other action by
any governmental or regulatory a g e n c y P rty any hazardous Substance or
Environmental law of which Borrower h s t knbwl Ildr erns, or is notified by any governmental or
regulatory authority, that any remove o, other lafk mu a tance affecting the Property is
necessary, Borrower shall promptly'-�tw.l1, atlleas�a_y�� t act in t with Environmental Law.
As used in this paragraph 20, NNaipadoui tancc sr mu s tired as toxic or hazardous substances
by Environmental Low and the follbie.,pq substances: gasoline','�;keros t /flammable or toxic petroleum products,
toxic pesticides and herbicides, voli n e solvents, materials. C taihirg.it•be'stmi or formaldehyde, and
radioactive materials. As used insffi,, regraph 20, "Envlror tai 11.s 0�.eiati federal laws and laws of the
jurisdiction there the Property is l that relate to health,`gifeti)m environmental protection.
21. Acceleration; Readies. ell give notice to o rowef prior to acceleration following
Borrower's breach of any covenant or age t'tn.. his Secur n46r t (but not prior to acceleration uder
paragraph IT unless applicable law provide otiAilt_}�T—��i t, �.afndl specify: (a) the default; (b) the action
required to cure the default; (c) • date, not eSelihin 3Dl am the date the notice is given to Borrower, by
which the default amt be cured; and (d) that failu a the default on or before the date specified in the
notice may result in acceleration of the sus secured by this Security lnatr(aent, 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 sssert 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 specified in
the notice, Lander, at its option, may require immediate payment in full of all sue secured by this Security
Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lander shall
be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but
not limited to, reasonable attorney's fees and costs of the title evidence.
22. Release. Upon payment of all sums secured by this Security instrument, Lender shall release this
Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs.
23. Attorneys' fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any
attorneys' fess awarded by an appellate court.
24. Riders to this Security Instrument. if one or more riders are executed by Borrower and recorded
together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into
end shall amend end supplement the covenants and agreements of this Security Instrument as if the rider(*) were a
pert of this Security Instrument. (Check Applicable Box)
❑ Adjustable sate Rider ❑ Rate Improvement Rider
O Graduated Payment Rider ❑ 1-4 Family Rider
❑ Rat loon Rider ❑ Biweekly Payment Rider
n-1 n
LJ Condominium Rider L ixond Nome Rider
O Planed Unit Development Rider ❑ Other(s) (specify
SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security instrument and in
any rider(s) executed by Borrower and recorded with it.
Signed, sealed and delivered in the presence of:
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• • *It* 1/12/2016 16.D.7.
FORM 0
Signature: (-GL' • 01 i fs . Signature: ('5 '
e(c f 1 e Estrada
7 iff e6(Seel)
Sorrower Print Mar: AS / • ff/ C. 1'711 L,( �a )*.
Address: (: 1.- .l iS'd�=
NAB ,, FL - 3 \' 2..
I `
Signature: 0l 'YLL iLA SignaturerkA lh,). 4U 4i .t'k.uf'"1 (Seel)
Borrower -J lambert),E. Sumter
Print Magnet .g, A-'
Address: 2 39 cs- en;45 d e ST.
A '\1 1 E S , Pi .L`,39 l,,?
Signature: Signature: (Seal)
Borrower
Print Mar:
Address:
Signature: Signature: (mil)
Borrower
Print Mar:
Address:
`v`-3..n r
STATE O F
COUNTY of tiL /� ,t
I hereby certify Shirt (th i de, fief a , f ltd autl►orlted in the state aforesaid and in the•
rte 1 c-+!
con y aforesaid t• take sc,r. ' ts, • t r'-
f \� \ , tome Senses TIM. t r s) described in and who executed the
foregoing
lertruarnt and acknowledged before - .��"
same for the purpose therein expressed.
1 C
WITNESS my hand and official seal in the County and State aforesaid this day of . 19� S/
My Commission Expires: a �t1'J "„ `.
Notary°f�tie's silgnature 141
GtVr')40141 GL
Notary's Printed Name
(SEAL) NNNNNNJNJJNJNJNNNNJI mmmmNN
•,Ili' Cep M.Reid i, NOtay Public,State of Fi.' Commission No.CC 363465
, •�a i My Commission Expires 03.14N4
,:tww•MOMIV.:,wsnt,neeleedea Ca t
.VAMMMMWOOW.W.WAVA111111111b1ONOg11
EXHIBIT "A"
Lot 1, Block E. SHADOWLAWN SUBDIVISION, as per map or plat thereof recorded in
Plat Book 1, at Page 37, of the Public Records of Collier County, Florida
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1/12/2016 16.D.7.
Prepared by:Mandy Moody
Collier County
Community and Human Services Division
3339 E.Tamiami Trail
Naples,FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
II
KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is
3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Sergio Estrada and Kimberly Hunter to COLLIER COUNTY, recorded on
06/06/1995 in Official Records Book 2066,Page 0822,of the Public Records of Collier County, Florida,
securing a principal sum of$5,000 and certain promises and obligations set forth in said Mortgage, upon
the property described in the aforementioned mortgage.
COLLIER COUNTY hereby acknowledges satisfaction of said Mortgage, and surrenders the same as
cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of record.
This Satisfaction of Mortgage was approved by the Board of County Commissioners on -
,2016,Agenda Item Number
II
ATTEST: III BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA
By: By:
,DEPUTY CLERK ,CHAIRMAN
Approval for form and legality:
I
Jennifer A.Belpedio f},
Assistant County Attorney `--e)�}�
it
I I
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