Agenda 03/08/2016 Item #16D 6 3/8/2016 16.D.6.
EXECUTIVE SUMMARY
Recommendation to approve six mortgage satisfactions for the State Housing Initiatives
Partnership loan program in the combined amount of$45,216.09.
OBJECTIVE: To support the affordability of housing in Collier County through State Housing
Initiatives (SHIP) down payment and emergency repair and/or rehabilitation assistance programs.
CONSIDERATIONS: The State Housing Initiatives Partnership 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 repairs to the newly acquired home. As a condition of award, the homeowner
must repay the assistance provided upon sale,refinance or loss of homestead exemption.
The State Housing Initiatives Partnership Program, a state affordable housing program, offers
assistance to first time homebuyers for use toward a portion of the required down payment and
emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay
the assistance provided upon sale,refinance or loss of homestead exemption.
The following table provides details regarding the associated mortgages that have been repaid in full. As
such, satisfactions of mortgages are required.
Security Mortgage Payoff Public
File # Name Instrument Amount Amount Record
SHIP OR Book
09-056 Peter Brake Second 4409
Mortgage $2,400.00 $2,400.00 Page 2173
Eliseo Viamonte Vegas and SHIP OR Book
09-364 Second 4737
Yolanda.Oropesa Ortiz
Mortgage $3,000.00 $3,000.00 Page 1
SHIP OR Book
97-070 Pauline Rourke-Melvin Second 2550
Mortgage $2,500.00 $2,500.00 Page 2097
SHIP OR Book
03-045 Amanda Mays Second 3124
Mortgage $5,000.00 $5,000.00 Page 3385
SHIP OR Book
06-149 Natalie George Second 4258
Mortgage $25,200.00* $24,278.09* Page 0646
SHIP OR Book
03-301 Christopher Citak Second 3686
Mortgage $10,000.00** $8,038.00** Page 3737
Total $48,100.00 $45,216.09
Packet Page -619-
3/8/2016 16.D.6.
*On July 16, 2007, a mortgage was issued to Natalie George in the amount of $25,200.00 for down
payment assistance and emergency repairs to a dwelling unit. The homeowner did not receive the entire
amount of those emergency repair funds. Therefore, the homeowner is only required to repay the Collier
County SHIP Trust Fund the amount of$24,278.09,the amount received.
**On November 30, 2004, a mortgage was issued to Christopher Citak in the amount of $10,000.00
for down payment assistance and emergency repairs to a dwelling unit. The homeowner did not receive
the entire amount of those emergency repair funds. Therefore, the homeowner is only required to repay
the Collier County SHIP Trust Fund the amount of$8,038.00,the amount received.
Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of mortgage
and the executed documents shall be recorded in the Public Records of Collier County,Florida.
FISCAL IMPACT: The repaid amount of$45,216.09 satisfies mortgage amounts. These repayments
are considered program income and have been deposited in SHIP Grant Fund 791, Project 33429 and
may be reused for eligible SHIP activities. The $10 recording fee will be paid by each of the borrowers.
LEGAL CONSIDERATIONS: This item is approved for form and legality and required a majority
vote for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign six mortgage satisfactions for owner-occupied affordable housing units for which
repayment in full has been provided to Collier County.
PREPARED BY: Mandy Moody, Grant Support Specialist,Community and Human Services Division
Attachments:
1) SAP backup for the SHIP payoffs
2) Second Mortgages (6)
3) Satisfactions of Mortgage(6)
4) Rehab Distribution backups(2)
Packet Page -620-
3/8/2016 16.D.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.6.
Item Summary: Recommendation to approve six mortgage satisfactions for the State
Housing Initiatives Partnership loan program in the combined amount of$45,216.09.
Meeting Date: 3/8/2016
Prepared By
Name: MoodyMandy
Title: Grants Support Specialist, Community&Human Services
2/10/2016 3:07:07 PM
Submitted by
Title: Grants Support Specialist, Community&Human Services
Name: MoodyMandy
2/10/2016 3:07:09 PM
Approved By
Name: KushiEdmond
Title: Accountant, Community&Human Services
Date: 2/17/2016 10:45:22 AM
Name: HudnellRaynesha
Date: 2/17/2016 10:50:51 AM
Name: GrantKimberley
Title: Division Director-Cmnty &Human Svc, Community&Human Services
Date: 2/17/2016 10:56:36 AM
Name: LopezMaggie
Title: Accountant, Senior,Community&Human Services
Date: 2/17/2016 3:57:58 PM
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation, Community&Human Services
Packet Page -621-
3/8/2016 16.D.6.
Date: 2/22/2016 1:01:03 PM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 2/22/2016 1:22:55 PM
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 2/23/2016 10:42:21 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 2/23/2016 11:31:03 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/24/2016 10:15:49 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 2/26/2016 3:30:17 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/29/2016 9:12:29 AM
Packet Page -622-
CO CO CO 3/8/2016 16.D.6.
O O O O O O
p N N N N N N
O N 7 N W W
.-1
OC N N 0 N N
\ \ \\ \
pO1 al .-1 N N N
O O c-1 '+ .-1 c-1
0 0 0 0 Ot O Ml
>• 000000
O
u` o 0 0 0 N m -
rc o V 0 Cn N O
• CO CV' Iri N CO cc v
a N
0
To
U
To
N N N M M M
.--1 '-1 O O O O
0 0 0 0 0 0
I'Y
CO N CO CO 0 0
N 01 .--1 01 CO V
'O O ID N N 1-1
-i N N tD 01 CO CO
N N V V In CO
CO CO co co CO co
•--1
O 0 0 0 0 0
a >,
C)
Z
lan O^ O
d 0 o m M
O u A ti 0
m
Q w CO CD CO
03 a Q z u° a
O 0 0 U
O w d O w
• F 3t w M
a 0 j w 0
u Z W
Y WCC N
a C a
O < Y a
• LL
LL U
• LL
z ° < 0 0 0
a Q 2 s Q Q
O a u- LL D_ a
Z 0O O Z Z
a a a > Q a
IA O < < 00
O O
• a a a D.
w 2 2 I M I
CC VI V1 V1 In CO
N CD tD
CO m CO V IInn m
to La co o CO m
Y0 CD N CO CO CO
N N 1• N N n
0 0 0 0 0 0
i•'$O 0 0 0 0 0 0
ri H e-1 ti 1 c-1
+a'f
a
CO
xr o 0
t a O
a a
= w 0
u In 0
U vCi S U LU LUi
G C C C C C
O O O O O O
C C_ C C_ C_ C
• E E •
E E E E
'.i "O -0 -0 -O -O 'O
• a a a a a a
w w w W w w
O 0 0 0 0 0
U U U U U U
CO Z Z Z Z Z
,
2 2 2 2 2 2
a a a a a a
cc cc cc cc cc cc
sa 0 0 0 0 0 0
x J, 0 0 0 0 0 0
cc CO CO cc CO CO
a a a a a a
F- F- F- N N N
Z Z Z Z Z Z
..--, Q < a a < a
sty:;
0 (C (C 0 0 U'
O 0 0 0 0 0
5 0 O O O O O
CO CO ID 0 CO LD
O1 01 O1
lD CO CO CO lD LD
CO m m m m m
Ci Di 0 Di cf
N N N N N N
v a C V CO C
CO m m m m m
CO CO m CO CO CO
N N N 01 01 N
-•"';N m m m m m
• In In ID lD CD lD
0 O 0 N 0 O Packet Page -623-
O N o
N N N N N N
3515755 3/8/2016 16.D.6.
- " RECORDED in OFFICII_ .......... .• ....... ., s.
11/30/2004 at 02:34PR DYIGBT R. BROCE, CLERE
• SECOND MORTGAGE OBLD 10000.00
OBLI 10000.00
RIC FEE 27.00
DOC".35 35.00
Beta:
ISLAED TITLE GDARAYTT AGENCY I
PICE OP
THIS SECOND MORTGAGE("Security Instrument")is given on November`7,2004. The Second Mortgagor is:
Christopher M.Citak,A Single Person
("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under
the laws of the United States of America,and whose address is 2800 North Horseshoe Drive, *400, Naples,
Florida 34014 . Borrower owes Lender the sum of Ten Thousand and No/100ths Dollars(U.S.$ 10,000.00 ).
This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly
payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of
homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with
interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect
the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and
the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in
Collier County,Florida.
in
y, As more particularly described as the West'Y of Lot 2 and all of Lot 3,Block 7,Naples South,Unit 1,Collier County,Florida and which
J- has the address of:
Cy
7 ("Property Address"): 4833 Cortez Circle, Naples, Florida 34112
9
L) TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents,
tp royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements
7 and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property".
BORROWER COVENANTS that Borrower is lawfully seiz the estate hereby conveyed and has the right to mortgage,grant and
convey the Property and that the Property is unencumber fo - . races of record. Borrower warrants and will defend generally
the title to the Property against all claims and demand seg- sift o 4r. - ces of record.
THIS SECURITY INSTRUMENT combines •• enacts fo nati dsa se andnon-uniform covenants with limited variation by
jurisdiction to constitute a uniform security instru.: 4•• -ring real property. ..1---
UNIFORM COVENANTS. Borrower arid L=miler covenant and agree as fol ews:
1. Payment of Principal and Interest;Pfep ent andlate_chiarges. Bo\er\shall promptly pay when due the principal of and
interest on the debt evidenced by the Note. �(/ C1
2. Taxes. The Mortgagor will pay all t es,assasss s a t ater Totes\prior to the accrual of any penalties or interest
thereon. 11
The Mortgagor shall pay or cause to be aid,as e air r ripe,(4A)(1)all taxes and governmental charges of any
kind whatsoever which may at any time be I"( I asks o 1srui st or ies the Property,(2)all utility and other charges,
including"service charges",incurred or im r �` `f ~ ( ) ty
n9" r9 poses, r pera a ce, �tg�anQQyy,upkeep and improvement of the Property,and
(3)all assessments or other governmental „ that may lawfully be pai . costa Iments-9vkr a period of years,the Mortgagor shall be
obligated under the Mortgage to pay or cause o- aid only such installme "sae reou rrfl to be paid during the term of the Mortgage,and
shall,promptly after the payment of any of the or leg,forward to Mortgag evide lce rof sGch payment.
3. Application of Payments. Unless kill a law provides otherwise�all.pa�{it ents received by Lender shall be applied;first,to
interest due;and,to principal due;and last,to any lath s due under the otei`�._/
4. Charges;Liens. Borrower shall pay all't'�,ass sment rghs nes and impositions attributable to the Property which may
attain priority over this Security Instrument,and leasehold p rfadr s o(g derv,if any. Borrower shall promptly furnish to Lender all
■
notices of amounts to be paid under this paragraph,and all recei is-evide dirt rig the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against
enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)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 may attain priority over the Security Instrument,Lender may give Borrower 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. 1
5. Hazard or Property insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender i
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably 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 shall maintain insurance with respect to the Premises against such
risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended
coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement
cost of the Premises,exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall 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 be applied to the sums secured by the Security
Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period
will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall
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 the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing,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 shall be in default if any forfeiture a ivil or criminal,is begun that in Lender's good faith
Packet Page -624-
OF 3/8/2016 16.D.6.
judgment could result in forfeiture of the•Property or otherwise materially impair the hen 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,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material
information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy
of the Property as a 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 covenants and agreements contained in this
Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in
bankruptcy,probate,for condemnation or forfeiture or to 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 a 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 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.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance
coverage required by Lender lapses or ceases to be in effect,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 approved by Lender. If substantially equivalent mortgage insurance coverage is not
available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by
Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve
in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for
mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation
or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the
event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then 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 amount of the sums secured by this Security Instrument immediately before the taking,unless
Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction:(a)the total amount of)) s r iimr diately before the taking,divided by(b)the fair market value
of the Property immediately before the taking. Any bajnce shp1.l to�br?r er In the event of a partial taking of the Property in which
the fair market value of the Property immediately bef pe le1aklrig is less tharnth f�}twunt of the sums secured immediately for the taking,
unless Borrower and Lender otherwise agree in wr�i'•Vunless applicable law oth@ryrise•provides,the proceeds shall be applied to the sums
secured by this Security Instrument whether or py+bt ums are then due. Unless Lander 2nd Borrower otherwise agree in writing,any
application of proceeds to principal shall not extend/3'r postpone the_.due Qat ,of the monthly payments referred to in paragraphs 1 or change
the amount of such payments. / / Id... .: _ `i
11. Borrower Not Released,Forbearance_fiy mien of aa.,lyfaixe ei,n of jhe time for payment or modification of
amortization of the sums secured by this Security l m nt \by}1L itde �o a y,successor in interest of Borrower shall not operate to
release the liability of the original Borrower r Bo ow is s, sors Inlliin est. n r s all net be required to commence proceedings
against any successor in interest or refuse t d me (p yr)Se t qr herwis m ify atnprtization of the sums secured by this Security
Instrument by reason of any demand made by t,,Jt o' ran Bolr wen orBo wen's cc s s •ij1 interest. Any forbearance by Lender in
exercising any right or remedy shall not be a Waive of or preclude the exercise of arty rigl(tLor remedy.
12. Successors and Assigns Boui(t3t j int and Several Liabili Co-Sigr9er Tihe covenants and agreements of this Security
Instrument shall bind and benefit the successor$reassigns of Lender and br}o erisdbjett to the
Provisions of paragraph 17. Borrower's covenan`t4"`.nd'agreements shall be joint and,sev cal. Any Borrower who co-signs this Security
Instrument but does not execute the Note;(a)is c o,ignirQ this Security Instrurietiti5'nly.tb mortgage,grant and convey that Borrower's interest
in the Property under the terms of this Security Instrument;(,4 rs not-per al y'Obliy cited to pay the sums secured by this Security Instrument;
and(c)agrees that Lender and any other Borrower may a'greet'tfexte f od1fry',-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 subject 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 connection with the loan exceed the permitted
limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)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 under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be 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 shall be given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law;Severability. This Security Instrument shall be govemed by federal law and the law of the jurisdiction in which
the Property is located. 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 Instrument or the Note 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 severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or
transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written
consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall
not be exercised 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 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 further
notice or demand on Borrower.
18. 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)5 days(or such other period as applicable law may specify for
reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration 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 as Lender may
reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums
secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations
secured hereby shall 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 sold 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 Note 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 change of the Loan Servicer,Borrower will be given written notice of the change in accordance with
Packet Page -625-
*** OF 3/8/2016 16.D.6.
•
paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments
should be made. The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of 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. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice for 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. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law
and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile
solvents,materials containing asbestos or formaldehyde,and
radioactive materials. As used in this paragraph 20,'Environmental Law"means federal laws and laws of the jurisdiction where the Property is
located that relate to health,safety or environmental protection.
21. 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 paragraph 17 unless applicable law provides otherwise). The
notice shall specify: (a)the default(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given
to Borrower,by which the default must be cured;and(d)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 specified 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 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'fees 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 and shall amend and supplement the covenants and
agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box)
❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider
❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider
❑Balloon Rider ❑Biweekly Pa ept CQ I - . ned Unit Development Rider
❑Other(s)(specify
SIGNING BELOW,Borrower accepts and agrees to rms an venants-contame ,in this Security Instrument and in any rider(s)executed
by Borrower and recorded with it. /� �
Signed,s:. 'delivered in the pr of: ~l� /\
Witnes 3. .�.. �� 1►., at re:
1 - • J— 111l Borro r j C1 k, topber M. Citak
Signature: \ Lx'ks1 j�,
Witnes #2: y h1 q)./ J � /
d Signature:
1 �� � -� Co-Borrower,,/
Signat -'
' - ofdresa:,-4'+333 Cortez Circle
Naples, Florida 34112
STATE OF FLORIDA
COUNTY OF CC ;
I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take
acknowledgements,personally appeared Christopher M.Citak to me known to be the person(s)described in and who executed the foregoing
instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed.
WITNESS my hand and official seal in the County aforesaid this day of , n" , 41 2.v
My Commission Expires: - .–\ )'\. 1‘ ; r\)
Nota Public's Signature
(Seal)
Notary's Printed Name
)'•KNOVSwNiY3AO&AMU 030N09 .''
[OOZ'I Aoµl • ;.
3741X; rftZtZOQ A NOISSIYMO qy 1`..
?# :.
tswloH•sayaaM V 9ypn( 'f5 7uddh A 1Neekes-Holmes
Cn""' • ' i1D232234 EXPIRES
File#: 03-301
AfoOk
Packet Page -626-
3/8/2016 16.D.6.
vo• o
Co N N
Lel C O
OD O ti
.i
0-
O O o
i o m m
u n n mo
° of
0
u
To
0 0
en a
• en o
• m
N N
O O
O O
N H
• N
".,..f
GI' LC,
O O
O O
O O
1.11 LO
U Co
L L
a -
O 0
L L
U U
(O (O
Sr 0 0
ab o 0
en en
rn en
o 0
m a
o oo
CO cr
o0 00
o O
on on
O O
0 0
m m
LD LID
• N N
O O
ti .1
d
sR N N
0 0
w 0 0
0 O
as
C
.1 .1
t
• O o
• 0 0
4. 'CT v
CO CO
• CO CO
O 0
• O O
• N N
a a
• m rn
ti N
•?0 0
Packet Page -627-
3/8/2016 16.D.6.
Prepared by:Mandy Moody
Col Iier County
Community and I Inman Services Divivsion
3339 E.Tamiami Trail
Naples,FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
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 Christopher Citak to COLLIER COUNTY, recorded on 11/30/2004 in Official
Records Book 3686, Page 3737, of the Public Records of Collier County, Florida, securing a principal
sum of 510,000.00 and certain promises and obligations set forth in said Mortgage, upon the property
described in the aforementioned mortgage.
COLLIER COUNTY hereby acknowledges full payment and 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
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY,FLORIDA
By: By:
,DEPUTY CLERK Chairman Donna Fiala, District I Commissioner
Approval for form and legality:
Jennifer A.Belpedio 1
Assistant County Attorney ; r
c1 jfi
. 4; F
'1
/fir
Packet Page -628- 1p.
Retn: . • 4235021 OR: 4409 PG: C 3/8/2016 16.D.6.
BAY TITLE k ESCROW RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL OBLD 2400.00
1227 ROGBRS ST I B 11/24/2008 at 01:30PN DWIGHT B. BROCK, CLERK OSLI 2400.00
CLEARWATER FL 33756 ROC FEB 21.00
DOC-.35 8.40
SECOND MORTGAGE
THIS SECOND MORTGAGE("Security Instrument")is given on ,2008. The Second Mortgagor is
Peter Brake,a single man
("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under
the laws of the United States of America,and whose address is 3 301 E. Tamiami Trail, Naples, Florida 34112 .
Borrower owes Lender the sum of Two Thousand Four Hundred and 00/100 Dollars ($2,4 00.00). This debt is
evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,
with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead
exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all
renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of
the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For
this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier
County,Florida.
As more particularly described as Leawood Lakes,Lot 23,Collier County,Florida and which has the address of
("Property Address"): 191 Leawood Circle, Naples, FL 34104
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents,
royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property".
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and
convey the Property and that the Property is unencumbered,e ept-far-encu¢`ances of record. Borrower warrants and will defend generally
the title to the Property against all claims and demands,subj€c( r r Etia erioes of record.
THIS SECURITY INSTRUMENT combines uytif rri�� 'ants-for-netig use..and non-uniform covenants with limited variation by
jurisdiction to constitute a uniform security instrume t' 'tong"real property. f j�,
UNIFORM COVENANTS. Borrower anc rr covenant and agree as fo Ia0is
1. Payment of Principal and Interestt'Pre �rr�ent and Late Charges. Borrowe`rshall promptly
interest on the debt evidenced by the Note. / t� 4 P P Y pay when due the principal of and
2. Taxes. The Mortgagor will pay all'taxe ass s m6ntevfer rentstpr water tes prior to the accrual of any penalties or interest
thereon. / '�, r r/
The Mortgagor shall pay or cause to be p lid,s/n`e\esp)cti�ly orgevdu ,(A0(1)all taxes and governmental charges of any
kind whatsoever which may at any time be lawfully ssessed or levied 2g irst o wit re pe t,to the Property,(2)all utility and other charges,
including"service charges",incurred or impos��f �At ot_t,,mnm(dn 7 e,ust�„Qy u c t u kee and improvement of the Property,wwTT flit p p P party,and
(3)all assessments or other governmental ch r ha ay la u y be paid`' install ants r/a period of years,the Mortgagor shall be
obligated under the Mortgage to pay or cause to ge�gaid only such installment< arejrequiir ')o be paid during the term of the Mortgage,and
shall,promptly after the payment of any of the f �elyg,forward to Mortgage de ce (s cf a
3. Application of Payments. Unless payment.
Y patte�ble law provides otherwise, pa.me{ts received by Lender shall be applied;first,to
interest due;and,to principal due;and last,to any`tet‘Orges due under the Note./K
4. Charges;Liens. Borrower shall pay aii`taxesjasssessments,chsrgefi`nee-and impositions attributable to the Property which may
attain priority over this Security Instrument,and leasehOld.payrei rn ioT grqurkd fpnts.if"any. Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this paragraph,and allr oeip k evideneing..tht'payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower(a)agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against
enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)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 may attain priority over the Security Instrument,Lender may give Borrower 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.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to
maintain coverage described above,Lender may,at Lenders 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 shall maintain insurance with respect to the Premises against such
risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended
coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement
cost of the Premises,exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall 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 be applied to the sums secured by the Security
Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period
will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall
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 the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing,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 shall be in default if any forfeiture action or oroceedino whafhar r,,,j ^r criminal,is begun that in Lender's good faith
judgment could result in forfeiture of the Property or otherwi r ated by this Securit y I nstrument or Lender's s Securit y Packet Page -629- i
OR: 3/8/2016 16.D.6.
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,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material
information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy
of the Property as a 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 covenants and agreements contained in this
Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in
bankruptcy,probate,for condemnation or forfeiture or to 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 a 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 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.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance
coverage required by Lender lapses or ceases to be in effect,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 approved by Lender. If substantially equivalent mortgage insurance coverage is not
available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by
Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve
in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for
mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation
or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the
event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then 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 amount of the sums secured by this Security Instrument immediately before the taking,unless
Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction:(a)the total amount of the s ss
of the Property immediately before the taking. Any balan � air red oediateIn before the taking,divided by(b)the fair market value
the fair market value of the Property immediately befor tZe kyg' t� �. In the event of a partial taking of the Property in which
unless Borrower and Lender otherwise agree in wed;ingto)t,ass applicable a la of i orotvides,the proceeds ds shadll'be applied to the sums
secured by this Security Instrument whether or not tK sums are then due. Unless Leq"der aid Borrower otherwise agree in writing,any
application of proceeds to principal shall not ext d o 4 stpoae.the due date of the mo'rthly payments referred to in paragraphs 1 or change
the amount of such payments. / icy --
11. Borrower Not Released,Forbearance By Lende Waiver.Extensioh of the time for payment or modification of
amortization of the sums secured by this Sec my I f trli aft rirt"tl y
release the liability of the original Borrower or�Borrpwe fs s uccessocts i i��rtto t.)L ncfef h ll n t be'requirrd to commence proceed ngse to
against any successor in interest or refuse to exte 1��,+t time fo alt�'mentoriot erwise 1 o amorort'ation of the sums securd by this Security
Instrument by reason of any demand made b tfTe rigina oo3up er's ti sor,S�in nterest. Any forbearance by Lender in
exercising any right or remedy shall not be a aiver`of or preclude the exert a of any'right/otre fnedy.
12. Successors and Assigns Bou yt;.Ffq'nt and Several Liability; R-Si necir,...The covenants and agreements of this Security
Instrument shall bind and benefit the successors±'arrti assigns of Lender and
/` Qwe,everal.4o the
Provisions of paragraph 17. Borrower's covenantsadd reements shall be joint an several. Any Borrower who co-signs this Security
Instrument but does not execute the Note;(a)is co sigr�ir this Security Instrum nt-44j(to.mortgage,grant and convey that Borrower's interest
in the Property under the terms of this Security Instrurn,ent xb?is-not personllly;gbli fated fo pay the sums secured by this Security Instrument;
and(c)agrees that Lender and any other Borrower may agree t ffen fy Ottae-ar or make any accommodations with regard to the terms
of this Security Instrument or the Note without that Borrower�s-cortgent.
13. Loan Charges. If the loan secured by this Security Instrument is subject 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 connection with the loan exceed the permitted
limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)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 under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be 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 shall be given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which
the Property is located. 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 Instrument or the Note 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 severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or
transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written
consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall
not be exercised 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 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 further
notice or demand on Borrower.
18. 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)5 days(or such other period as applicable law may specify for
reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration 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 as Lender may
reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums
secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations
secured hereby shall 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 sold 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 Note 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 change of the Loan Servicer,Borrower will be given written notice of the change in accordance with
paragraph 14 and applicable law. The notice will state the n.".+o.,-a^"--- ----Loan Servicer and the address to which payments
should be made. The notice will also contain any other inf Packet Page -630-'law.
*** OR 3/8/201616.D.6.
•20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of 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. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice for 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. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law
and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile
solvents,materials containing asbestos or formaldehyde,and
radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is
located that relate to health,safety or environmental protection.
21. 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 paragraph 17 unless applicable law provides otherwise). The
notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given
to Borrower,by which the default must be cured;and(d)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 specified 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 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'fees 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 and shall amend and supplement the covenants and
agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box)
❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider
❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider
❑Balloon Rider ❑Biweekly Payment Rider- --❑Planned Unit Development Rider
❑Other(s)(specify / � `( T
SIGNING BELOW,Borrower accepts and agrees/o ihe,terms and covenants contained in this Security Instrument and in any rider(s)executed
by Borrower and recorded with it. / — \
1111
Signed,sealed a.d d-ivered in the presence cif: f
Witness#1: • e. �i,_ ,%; f �j nit�f
Signature:�!. / s i` A\. orr, r Fete _)3'rake
Witnes • . l/. ( , l f �\ Signature Vt, 1
T R1
' `�•• Co-BOrrowerl‘
Signature:is . ���+
r"IAddress'""_ .1 L wood Circle
t/ _idea, Florida 34104
STATE OF FLORIDA
COUNTY OF UJI I le r
I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take
acknowledgements,personally appeared Peter Brake to me known to be the person(s)described in and who executed the foregoing
instrument and acknowledged before me that l':Y'she/they)executed the same for the purpose therein expressed.
WITNESS my hand and official seal in the County and State •foresaid this 0 day of 'V t�y ,208
My Commission Expires: .ALA14 J V. I t l/ 1 ALk
Ng(ary� b Sit. atur a
(Seal) iI-`��jj (Wan'
`
Notary's Print d Name
407.'44, ASHLEY V.IMNICHAII
I E-4 Nofry Public-S d Fiona
*commission 611P Pss s llsr 1.nil
coAwUsNa 400 441034
File#: 09-056 =�f0""'' 4qI d1IuayrwtwNmp
Packet Page -631-
3/8/2016 16.D.6.
Prepared by:Mandy Moody
Collier County
Community and Human Services Divivsion
3339 E.Tamiami Trail
Naples,FL 34112
THIS SPACE FOR.RECORDING
SATISFACTION OF MORTGAGE
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 Peter Brake to COLLIER COUNTY, recorded on 11/24/2008 in Official
Records Book 4409, Page 2713, of the Public Records of Collier County, Florida, securing a principal
sum of $2,400.00 and certain promises and obligations set forth in said Mortgage, upon the property
described in the aforementioned mortgage.
COLLIER COUNTY hereby acknowledges full payment and 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
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY,FLORIDA
By: By:
, DEPUTY CLERK Chairman Donna Fiala,District I Commissioner
Approval for form and legality:
Jennifer A. Belpedio � (
Assistant County Attorney ks
Packet Page -632-
3/8/2016 16.D.6.
•
SECOND MORTGAGE
Retn:
4046905 OR: 4258 PG: 0646 oeii 25200.00
SAID DOLLAR TITLE RECORDID in the OFFICIAL RECORDS of COLLIER COUNTY, FL RIC III 27.00
2220 YIIITIAI CT 40 07116/2007 at 11:47AI DNIGHT E. BROCK, CLIRC DOC-.35 00.20
NAPLES IL 34109 INT-.002 50.40
THIS SECOND MORTGAGE("Security Instrument")is given on \�j ,2007. The Second Mortgagor is:
Natalie George,a single woman
("Borrower). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under
the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 .
Borrower owes Lender the sum of Twenty Five Thousand Two Hundred and 00/100 Dollars ($25,200.00).
This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly
payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of
homestead exemption . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with
interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect
the security of the Security Instrument and(c)the performance of Borrower's covenants and agreements under this Security Instrument and
the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in
Collier County,Florida.
As more particularly described as Key Royal Condominium Unit 1633 and which has the address of:
("Property Address"): 8294 Key Royal Circle #1633, Naples, Florida 34119
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents,
royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property".
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed 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,subjectto- enputnpes of record.
THIS SECURITY INSTRUMENT combines unifoj Ve f6c I'se and non-uniform covenants with limited variation by
jurisdiction to constitute a uniform security instrument trrn� ai property \
UNIFORM COVENANTS. Borrower and Lend Covenant and agree as fdlloWst..\
1. Payment of Principal and Interest;PIepayment and Late Charges. Borcower's`hall promptly pay when due the principal of and
interest on the debt evidenced by the Note.
2. Taxes. The Mortgagor will pay all t/axes,.assessmegts,sewer refts'or water rates p E r to the accrual of any penalties or interest
thereon. 1
The Mortgagor shall pay or cause to be poky-gill
CI sJ iv ty.be � e (A)(A)all taxes and governmental charges of any
kind whatsoever which may at any time be la Illy s4sed vie a a ns)'t ,res ct to the Property,(2)ail utility and other charges,
including"service charges",incurred or impose for a QQper m interrtaa s e,use, ccupa�GY,upkeep and improvement of the Property,and
(3)all assessments or other governmental chargFltit.dta 1paid i instal e^kts oval ■period of years,the Mortgagor shall be
obligated under the Mortgage to pay or cause tdd`tle p id only such installment'As are quirrkdt0 paid during the term of the Mortgage,and
shall,promptly after the payment of any of the forcer:ei ,forward to Mortgagee oAel..n o f/tUptl ayment.
3. Application of Payments. Unless appJ¢a le law provides otherwi�);';,tall�iayments received by Lender shall be applied;first,to
interest due;and,to principal due;and last,to any latctia[ges due under the Note.'-r l L,,,,/
4. Charges;Liens. Borrower shall pay all'taxeSi assessments,charges-fines' nd impositions attributable to the Property which may
attain priority over this Security Instrument,and leasehold'p mee(lts or-grnund-r t^kif: S/ Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this paragraph,and alt7eceip ' ideficjr th 'p
eayments.
Borrower shall promptly discharge any lien which has priori nvei-tthis-Security Instrument unless Borrower.(a)agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against
enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)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 may attain priority over the Security Instrument,Lender may give Borrower 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.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods ix flooding,for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably 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 shall maintain insurance with respect to the Premises against such
risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended
coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement
cost of the Premises,exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall 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 be applied to the sums secured by the Security
Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period
will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall
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 the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing,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 shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith
judgment could result in forfeiture of the Property or otherw`-- -" ' ' " " sated by this Security Instrument or Lender's security
Packet Page -633-
OR 3/8/2016 A16M.D.6.
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 Lenders security interest. Borrower shall also be in default if Borrower,during the
loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material
information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy
of the Property as a 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 covenants and agreements contained in this
Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in
bankruptcy,probate,for condemnation or forfeiture or to 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. Lenders actions may include paying any sums secured by a 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 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.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance
coverage required by Lender lapses or ceases to be in effect,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 approved by Lender. If substantially equivalent mortgage insurance coverage is not
available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by
Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve
in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for
mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation
or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the
event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then 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 amount of the sums secured by this Security Instrument immediately before the taking,unless
Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value
of the Property immediately before the taking. Any balance shat c _porroi,er. In the event of a partial taking of the Property in which
the fair market value of the Property immediately before th i , ss unt of the sums secured immediately for the taking,
unless Borrower and Lender otherwise agree in writing o l ppltc3blelaw rfd p
rovides,the proceeds shall be applied to the sums
Ai
secured by this Security Instrument whether or not th,e t�it°s- `then due. Unless -eel%s d Borrower otherwise agree in writing,any
application of proceeds to principal shall not extend/or ostPone the due date of the molt hl
the amount of such payments. �! E Y Payments referred to in paragraphs 1 or change
11. Borrower Not Released,Forbearance By tier Not a Wai'ver.`'Extensioi of the time for payment or modification of
amortization of the sums secured by this Security Instrument granted b b nder to\any su ssor■+n interest of Borrower shall not operate to
release the liability of the original Borrower or rro s 1.. I rft e d not
W, y tbkis (r .a required sto ums commence proceedings
against any successor in interest or refuse to e�cten im for•a ee o h rs rmo a Ortiz tion of the sums secured by this Security
Instrument by reason of any demand made by he o•� inbl Bo r r B o s su o i merest. Any forbearance by Lender in
exercising any right or remedy shall not be a w ire r 4 ,' e.ex�i ' of an�g o. y
12. Successors and Assigns Boun ;46 ut and Several Liability ,oSigniers. ; e venants and agreements of this Security
Instrument shall bind and benefit the successorstanAa�signs of Lender and Boriwer,subjg tt he
Provisions of paragraph 17. Borrower's covenants a6d`@greements shall be joint*severre ny Borrower who co-signs this Security
Instrument but does not execute the Note;(a)is r9Am this Security Instrument Urr( 1d mortgage,grant and convey that Borrower's interest
in the Property under the terms of this Security lnst "e 9�b)i not personally oblige edwto pay the sums secured by this Security Instrument;
and(c)agrees that Lender and any other Borrower ma ke t xtend,modh ^
L td::extend, fy,f orbs r or make any accommodations with regard to the terms
of this Security Instrument or the Note without that Borrower for erit j'
13. Loan Charges. If the loan secured by this Security..l£ utejr . 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 connection with the loan exceed the permitted
limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)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 under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be 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 shall be given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which
the Property is located. 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 Instrument or the Note 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 severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or
transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written
consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall
not be exercised 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 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 wittout further
notice or demand on Borrower.
18. 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)5 days(or such other period as applicable law may specify for
reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration 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 as Lender may
reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums
secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations
secured hereby shall 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 sold 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 Note 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 change of the Loan Servicer,Borrower will be given written notice of the change in accordance with
paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments
should be made. The notice will also contain any other infr^^^'^^-^^. -^a ..---"--'-'-law.
Packet Page -634-
*** OR 3/8/2016 16.D.6.
20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of 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. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice for 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. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law
and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile
solvents,materials containing asbestos or formaldehyde,and
radioactive materials. As used in this paragraph 20,"Environmental Law'means federal laws and laws of the jurisdiction where the Property is
located that relate to health,safety or environmental protection.
21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant
or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The
notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given
to Borrower,by which the default must be cured;and(d)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 specified in the notice,
Lender,at its option,may require immediate payment in fuff 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 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'fees 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 and shall amend and supplement the covenants and
agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box)
❑Adjustable Rate Rider ❑Rate Improvement Rider .❑Condominium Rider
❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider
❑Balloon Rider ❑Biweekly Payment Rider ❑Planned Unit Development Rider
❑Other(s)(specify �t- R C j
SIGNING BELOW,Borrower accepts and agrees to htt and covenants contamec(i i-this,Security Instrument and in any rider(s)executed
by Borrower and recorded with it. /// \\ \\
Signed,sealed and delivered in the pres ce of: \ '' \ \
rra�,%� Cw T�
Witness#1: i .� . ! , .,F n t ' i�r�.U�n. ♦.. Att.AIAAdf
B �re' a ie George
Signature:
...1_.... 1_ �► �J r -ry
Wdnes• /' ;, Ls.\IM Signature: r, I /
L`✓J Co-Borrower" ; /n'",`
signature: tR!�. \: �\ , �j ,-%
/
t);:'-, Address: B2A Wy/Roya1 Circle #1633
STATE OF FLORIDA "�;' Jr- Cpl $ FL 34119
COUNTY OF OA` 1-149
I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take
acknowledgements,personally appeared Natalie George, to me known to be the person(s)described in and who executed the foregoing
instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed.
WITNESS my hand and official seal in the County and Sta resaid this day of oyl 1 ,2of&I
My Commission Expires:
No�°1�'��P,ublic's Signal e
CHRIS AVRAMIDIS `-� lint '�.tF3(C1"t)1.-
Commission• DD 872324 Notary's Printed Name
My Commission Expires
_
April 90,2011
File#: 06-149
Packet Page -635-
3/8/2016 16.D.6.
a o 0 0 0
N N N N
o a a a
a m
CIO
0 0 0 0
a
0 v1 N N m
LO 01 v o
u 0 N N 0 N
01 N NN
•
fV "
N
0
U
�1
00
N
co ;4,
W 0
In O
CO ,
01 001
000 0
O 00
▪ c-1
6
uS O
O O
w 0
N O
C7 N N
N V1
w O
LU
7
CL
oi
v O
to
N .Y W
m Z w N
o O a 0
0 w
0 a Q
l7
U Z
= w
O a 0 Q
Y 2
uF; N
O —• U
0• N N C
m m m
03 CO CO
N M m m
a N a
N 00 t0 0
N N N N
O 0 0 0
O 0 0 0
ti
xt ti 01 T al
CO 00 CO 00
0000
'0.-
0000
N L N 000
\ O O O
h n n n
V1 V1 Lr,
S S 2 2
2 5) 5)
O Si O S
0 0 0 0
2 2 2 S
O 0 0 0
N C N
O 0 0 0
Q Q Q Q
0_ 2 2 0_
S
4'M.:V1 to N th
0 O 0 0
• 0 O 0 O
• a a 0 a
CO CO 00 00
• CO CO 00 00
I
0
0 0 N 0 0 N
N N N N
a CC CC cC
• 2 2 2
_`�... 0 00 0
Ay
ti CP ti
i m m rn m
ti ti ti �
474
0 0 0 0
N N N N
Packet Page -636-
3/8/2016 16.D.6.
Prepared by:Mandy Moody
Collier County
Community and Human Services Divivsion
3339 E.Tamiami Trail
Naples,FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
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 Natalie George to COLLIER COUNTY, recorded on 07/16/07 in Official
Records Book 4258, Page 0646, of the Public Records of Collier County, Florida, securing a principal
sum of$25,200.00 and certain promises and obligations set forth in said Mortgage, upon the property
described in the aforementioned mortgage.
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and
surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of
record.
This Satisfaction of Mortgage was approved by the Board of County Commissioners on -
,2016, Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK OF COLLIER COUNTY,FLORIDA
By: By:
, DEPUTY CLERK Chairman Donna Fiala, District I Commissioner
Approval for form and legality:
Jennifer A. Belpedio
Assistant County Attorney 1 , , �
kt
(:#
Packet Page -637-
lex, 3056964 OR; 3124 PG: 3385 ..... .... ..
IMLAID TITLI GUARARTT AGIRCT I RICORDID to the OffICIIL RICORD3 of COLLIII COI 3/8/2016 16.D.6.
!ICI 0! 10/07/2002 at 05:26A1 DIIGIT 1. RICCI, CL11I RIC III MOO
SECOND MORTGAGE DOC-,35 17,50
THIS SECOND MORTGAGE("Security instrument")a given on September ,2002 The Second Mortgagor a:
Amanda Mays,A Single Person
("Borrower"). This Security Instrument is given to Collier County ("Lander),which a organized and existing under
the laws of the United Stales of America,and whose address is 3050 North Horseshoe Drive 8275 N •les Florida
34014 . Borrower owes Lender the sum of Five Thousand and No/10oths Dollars(U.S.$ 5,000.00 I. This debt is
evidenced by Borrowers Note dated the same date as this Securely Instrument('Second Mortgaga'),which provides for monthly payments,with the
full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead eamption
. This Security Instrument secures to Lander:(a)the repayment of the debt evidenced by the Nole,with interest,and all renewals,extensions and
modifications;(b)the payment of at other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument and(c)
the performance of Borrowers covenants and agreements ureter this Security Instrument and the Note. For this purpose,Borrows does hereby
second mortgage,grant and convey to Lender the following deserted property located in Collier County,Florida.
As more particularly described as Lot 4,Carson Labs,Collar County Florida and which has the address of
("Property Address"): 3583 Carson Lakes Circle, ' okalee, Florida 34142
TOGETHER WITH all the improvements now or hereafter erected on the property,and at easements,rights,appurtenances,rents,
royalties,mineral,dl and gas rights and profits,water rights and stock and at factures now or hereafter a pat of the property. AR replacements and
additions shall also be covered by the Security Instrument. At of the foregoing is referred to in this Security Instrument as the"Property'.
BORROWER COVENANTS that Borrower is lswfuiy seized of the estate hereby conveyed and his 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 any encumbrances of record.
THIS SECURITY INSTRUMENT canbines uniform covenants for national use and non-uniform covenants with limited variation by
jurisdiction to constitute s uniform security instrument covering red property.
UNIFORM COVENANTS. Borrower and Lander covenant and agree as flows.
1, Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and
merest on the debt evidenced by the Note.
2. Taxes. The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or Merest
thereon.
The Mortgagor shall pay or care to be paid,as• •. -due,(A)(1)at tees and governmental charges d any kind
whatsoever which may at any time be lawfully assssed.cf :' y o the Properly,(2)all unity and other charges,including
"service charges",incurred or imposed for the•• • -_ . -- use,• sap and improvement d the Property,and(3)all
assessments or other governmental charges that r be paid in installments •.•••of years,the Mortgagor shot be obligated under
the Mortgage to pay or cane to be paid only sucltins• as are required to be• '•.durirnb the term of the Mortgage,and shat,promptly after
the payment of any d the foregoing,forward to • • evidence• -• •_t • �•3. Application of Payments. Unless . •, . ail payments received by Lender shat be applied;fest,to interest
due;and,to principal due;and last,to
4. Charges;UM. Borrower s pay ' , , ' • „_ lit rposlons attrbutdb to the Property which may
attain priority over this Security Instrument, !!� shall promptly furnish to Lender at notices d
amounts to be pals!under this paragraph, .' :.�f•Yll-tde/ 4u F.--q
Borrower shat promptly discharge has• • over - unless Borrower:(a)agrees in writing to the
payment of the obligation secured by the Nan acceptable to Lander. b -• . •/ faith the lien by,or defends against
enforcement of the ten In,legal proceedings which Lender's opinion••- • • - - Ai- oroertet d the lien;or(c)secures from the
holder of the lien an agreement satisfactory to s ' ' the Ilan to the - •trument. If Lender determines that any part of the
Property is surbject to a ten which may anon Security Instrument, • give Borrower a notice identifying the lien. Borrower
shat satisfy the hen or take one or more d the actions within I r • +&,.' .giving of notice. insured
6. Huard or Property Insurance.lass fire,hesa included within the term" �1 other hazards,including floods or flooding,for which Lender
requires insurance. This insurance shat be maintained in the amounts and for the periods that Lender requires. The insurance center providing the
insurance stall be chosen by Borrower subject to Lenders approval which shall not be krve sonaby withheld. If Borrower fats to maintain coverage
described above,Lender may,at Lender's option,obtain oaarage ro protect Landers rights in the Property in accordance with paragraph 7. At at
times that the Note is outstanding,the Mortgagor shat martian isuc nce with respect to the Premises against such risks and for such amounts as
are customarily insured spinet and pay,as the same become due and payable,all premiums in respect thereto,including,but not knifed to,all-risk
insurers*protecting the interests of the Mortgagor and Mortgagee against loss or cameos to the Premises by fie,lightning,and other casualties
customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris
removal coverage. Such insurance at at tines to be in an amount not less than the fut replacement cost of the Premises,exclusive of footings and
fdindstima.
AI insurance policies and renewal shot be acceptable to Lander and shat i dude a standard mortgage cause. Lender shall have the
right to hold the policies and renewals. If Lender requires,Borrower shot promptly give to Lander at receipts of paid premiums and renewal notices.
In the event of loss,Borrower shell give prompt notice to the Insurance carrier and Lender. Lender may macs proof d loss if not made promptly by
Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shot be applied to restoration or repair of the Property
damaged,If the restoration or repair is economically tombs and Lender's security is not lessened. if the restoration or repair is not economically
feasible or Larder's security would be lessened,the insurance proceeds shat be applied to the stern secured by the Security Instrument,whither or
not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that
the Insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or
restore the Property or to pay sums secured by this Security Instrument,whether or not than due. The 30-day period will begin when the notice is
mailed. Unless Leader and Borrower otherwise agree in writing,any application of proceeds to principal shot not extend or postpone the due date of
the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender
Borrower's right to any Insurance policies end proceeds resulting from damage to the Property prior to the acquisition shat pass to Lender to the
extent of the sus secured by this Security Instrument irwmedietety prior to the acquisition.
6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shat
occupy,establish,and use the Property as Borrowers principal residence within sbty days otter the execution of this Security Instrument and shall
continue to occupy the Property as Borrowers prinelpal residence for at lest one year alter the date of occupancy,unless Lender°eerwee agree*
In writing,which consent shag not be unreasonably wihhaid,or unless edenuatdng Circumstances exist which are beyond Borrower's central.
Borrower shat not destroy,damage or impair the Property,allow the Property to detariorate,or commit waste on the Property. Borrower shat be in
default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Loader's good faith judgment cc id reed in forfeiture of the
Property or otherwise meteriaty impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default
and reinstate,as provided in paragraph 16,by causing the action or proceeding to be dismissed with a ruling that,in Larders good faith
determnaion,precludes forfeiture of the Borrowers interest in the Property or other materiel implement of the lien created by this Security
Instrument or Lender's security interest. Borrower shot also be in default If Borrower,during the loan application process,gave materially false or
inaccurate information or statements to Lender(or failed to provide Lander with any materiel information)in connection with the loan evidenced by
the Note,Including,but not kneed to,representations concerning Borrowers occupancy of the Property ass principal residence. If this Security
Instrument is on a dwahold,Borrower shat comply with at the provision of the nese. If Borrower acquires fee title to the Property,the leasehold
end the fee title shall not merge unless Lender agrees to the merger in writing.
Packet Page -638-
OR 3/8/2016 16.D.6.
7. Protection of Lender's Rights In the Property. If Borrower fads to perform the covenants and agreements contained in this Security
Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,
for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the valued the
Property and Lenders rights in the Property. Lender's actions may include paying any spans secured by a lien which has priority over this Security
Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lander may tare 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 end Finder agree to other terms of payment these amounts shoe been interest from
the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lander to Borrower requesting payment.
B. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,
Borrower shall pay the premiums required to maintain the mortgage insurance in effect If,for any reason.the mortgage insurance coverage
required by Lender lapses or ceases to be in effect,Borrower shell 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 d the mortgage insurance previously in effect,from
an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not wadable,Borrower shoe pay to
Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage
lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a hoes reserve in lieu of mortgage insurance. Loss reserve
payments may no longer be required,at the option d Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)
provided by an insurer approved by Lander again becomes available and a obtained. Borrower shall pay the premiums required to maintain
mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written
agreement between Borrower and Lender or applicahle law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property Lender shop give Borrower notice
at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages,direct or consequential.n connection with any condemnation or
other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of
a total taking of the Property,the proceeds shell be applied to the sums secured by this Security Instrument,whether or not then due,with any
excess paid to Borrower. In the event of e partial taking of the Property,in which the fur market value of the Property immediately before the taking
is equal to or greeter then the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender
otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following
fraction:(a)the total enount of the sums secured immediately before the taking,divided by(b)the fair market valued the Properly 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 valued the
Property immediately before the taking is less than the amount d the sums secured immediately for the taking,unless Borrower and Lender
otherwise agree in writing or unless applicable law otherwise provides,the proceeds shoe be applied to the sums secured by this Security Instrument
whether or not the sums are then due. Unless Lanier and Borrower otherwise agree in writing,any application d proceeds to principal shoe not
extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments
11. Borrower Not Released,Forbearance By Lander Not a Waiver. Extension of the tine 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 remise the liability of
the original Borrower or Borrower's successors in Interest. Lender shoe not be required to commence proceedings against any successor in interest
or refuse to extend time for payment or otherwise modify emortti thorn 3ums,ssecured by this Security Instrument by reason of any demand
made by the original Borrower or Borrowers successors inintarorEt v'by Lender in exercising any right or remedy shall not be a
waiver of or preclude the exercise of any right or remedy. 4■,,,, r l
12. Successors and Assigns Bound;Jplr N gar ''Llebplty. covenants and agreements of this Security
Instrument shall bind and beneft the successors (n of Lender and Borrower,s 'ect to the
Provisions of paragraph 17. Borrower's and hoe be joint and . A■ Borrower who co-signs this Security Instrument
but does not execute the Note:(a)is co-signing this la ylo rrndrtpge. . •convey that Borrower's interest in the Property
under the terms of this Security Instrument:(b fs not•. .• thht suns..• by this Security Instrument;and(c)agrees that
Lender and any other Borrower may agree to: ••' ‘:• ;" l .pull regard to the terms d this Security
Instrument a the Note without that Borrowers • U •• a i
13. Loan Charges. If the bans. • •ill th I subj• •a sets maximum loan charges,and that law is
finally interpreted so that the interest or other • t*'• ` ^- • -, . • °, . the loan exceed the permitted limits,then:
(a)any such ben charge shall be reduced by• necessary to reduce • • to a•. ' :•lint;and(b)any sums already collected
from Borrower which exceeded permitted limits unded to Borrower. .r • •make this refund by reducing the principal owed
under the Note or by making a direct payment to:'� • If a refund reduces•' ,• •rv„ • will be treated es a partial prepayment without
any prepayment charge under the Note. ' L.)
14. Notices. Any notice to Borrower is Security Ins •:given by delivering t or by mailing s by first class
mail unless applicable law required use d another nice ahel6 be d }� Pr petty Address or try other address Borrower
designates by notice to Lender. Any notice to Lender shall Leber when given as provided in this paragraph.
16. Governing Law;Swerabiety. This Security Ins governed by federal law and the few of the jurisdiction in which the
Property is located. In the event that any provision or clause d this Security Instrument or the Note conflicts with applicable kw such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the
provisions of this Security Instrument and the Note we declared to be severable.
16, Borrower's Copy. Borrower shoe be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest In Borrower. If or any pert of the Property or any interest in it is sold or
transferred(or if a beneficial interest In Borrower is sold or transferred and Borrower is not a natural person)without lender's prix written consent,
Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be
exercised by Lender if exercise is prohibited by federal lee as of the dated this Security Instrument,
If Lender exercised this option,Lander shall give Borrower notice of accelera onn. The notice shoe provide a period of not lees than 30 days from the
date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fads to pay these
sums prior to the agitation of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand
on Borrower.
16. Borrower's Right to Reinstate. If Borrower meets certain conditions.Borrower shat have the right to have enforcement of this
Security Instrument discontinued at any time prior to the eerier of:(a)5 days(a such other period as eppicable law may specify for reinstatement)
before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry d e judgment enforcing this Security
Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if
no acceleration had occurred:(b)cures and default of any other covenants or agreements:(c)pays all eoiersee incurred in enforcing this Security
Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the
Nan of this Security Instrument,Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall
continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if
no acceleration had occurred. However,this right to reinstate shall not apply in the cased acceleration under paragraph 17.
19. Sale of Note;Change of Loan Samar. The Note or a partial interest in the Note(together with the Security Instrument)may be
soud one or more times without prior notice to Borrower. A sae may result ins change ge in the entity(known as the'Loan Santee')that collects
monthly payments due under the Note and this Security Instrument. There a so may be one or more changes of the Loan Servicer unrelated to e
sale of the Note. If there is a change d the Loan Service,Borrower wile be given written notice of the change in accordance with paragraph 14 and
applcable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The
notice will also contain any other information required by applicable mw.
20. Hazardous Substances. Borrower shoe not cause or permit the presence,use,disposal,storage,or release of any Hazardous
Substances on or in the Property. Borrower shad not do,nor Mow anyone else to do,anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shad not apply to the presence,use,or storage on the Property of smell quantities of Hazardous
Substances that we generally recognised to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shad promptly give Lender written notice for any investigation,din,demand,lawsuit or other action by any governmental l or regulatory
agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If
Borrower learns,or is notified by any governmental or regulatory authority,the arty removal or other rernediation of any Hazardous Substance
affecting the Property is necessary,Borrower shad promptly take all necessary remedial actions in accordance with Environmental Lee.
Packet Page -639-
OR 3124 PG! 3381
As Used in the oraaao^20,"Hazardous substances'are those substm es defined as toe or hemrdos audit 3/8/2016 16.116.
the foloal g substances: groins,kerosene,other femme*or took petroleum products,toxic globoids*and ti...__,-._._,-_.-_.____
merles containing asbestos or formaldehyde,and
radiomen materials. As used in this paragraph 20,'Environmental Lae mere fedrsl laws and lows of the jurisdiction where the Properly is
Wee that reels to heath,safely or environmental protection.
21. Acceleration;Remedies. Lander she give notice to Borrower prior to aoaNredon following Borrowers broach d any covenant or
agreerrlait in this Security hrbunent(but not prior to acceleration under pin go ph 17 unless applceble law provides otherwise). The mhos elna
specify: (a)the default(b)the action required to awe the default;(c)•date,not less than 30 days from the date the notice is given to Borrower,by
which the default must be cured;and(d)that faiue to cure the default on or before the date specified in the notice may recut in acceleration d the
sane secured by this Security Instrument,foreclosure by ji dicttl proceeding and sale d Its Property. The notice she further inform Borrower of
the right to minstrel after acceerabon and the right to asst in this foreclosure proceeding the noo-adstence d a ddbu or any other defense of
Borrower to acceleration and foreclosure. If the desalt is not cued on or before the die spelled in the notice,Lender,at its option,may require
inrredW payment In ful of at stars secured by this Secuty instrument w th o t further drrerd and may forecloee this Seaway Instmerit by
Iudkiel pnmedig. Lander she be entitled to collect at sparse incurred in pursuing the remedies provided in the paragraph 21,including,but not
incited to,reasonable attorney's fees and cats of the Use eviderros.
22. Release. Upon payment d at sums seared by this Security Instrument,Lender that reuse this warily Instrument,without
charge,to Borrower. Borrower that pay any recordation cats.
23. Attorneys'Fees. As used in this Security Instrument arnd the Nola'attorneys'fees'that ntdude wry attorneys'fees awarded by an
appeals court.
24. Rides to the security Instrument. If one or more riders are serculed by Borrower and recorded together with this Security
Instrument,the covenants and agreements of each such rider shat be inarporated into and she amend and supplement the covenants and
agreements of this Security Instrument as if the rider(s)were a pert d this Seaway Instrument. (Check Applicable Bork)
❑Adjusted*Rate Rider ❑Rate improvement Rider ❑Condominium Rider
❑Graduated Payment Rider ❑1.4 Family Rider ❑Second Horne Rider
❑Balloon Rider ❑Biweekly Payment Rider ❑Ptnnned Unit Development Rider
❑Other(s)(specify
SIGNING BELOW,Borrower accepts and agree to the terms and covenants contained in this Security Instrument and in any rider(s)eascuted by
Borrower and recorded with it.
Signed,sealed end delivered in the presence d:
WIt ess#l:(-It-.tii-, c i (_,2 S `,... S Signs oe: V�.s.-- . \&l 'y
O-'vim _L'�
Borrower Amanda Maya
Signature: (•,L.l%.4 L ( A f. L t'i
■�/ \�
Wtnesee2: C l.•,_,ri e L . L ,_' `.r-i `7.y- \
Signature: %, 6,j a�e�,t.\
/ -.. 5113 on Lakes Cicala
/ c ,1 'Florida 34142
STATE OF FLO Oulu
I 1-COUNTY OF rf1LCrI✓ V.24\i Li ,
4-,+, `t/I hereby catty their on this day,befor0 .
-— • the .( �(i.,,and t the county aforesaid to take
acknowledgements.personally appeared Mnend.� to me known to be, _•` s)lu T' n and who would the fangoig instnnwd
and acknowledged before me that(Het she they)arecuthe sane•• the purpose,
-<-.•\)\ t
WITNESS my hand and offidd seal in the County ? ;this,ter 'K• ,G r _
My Commission Expires: - .-.a
(Seal)
-�
Ird(ery's Printed
Ulm Flares
• gf03lelitaY4# Mom COVES
ten„k„Wit 2004
„ Mt
Fik#: 03-045
,Aektia,
Packet Page -640-
- 1
•'
PROM sSORT' NOTE 3/8/2016 16.D.6.U
September/3, 2002 CP\C\
Borrower: Amanda Nays
Y
3593 Carson Lakes Circle, Imokalee rL 34113
(Property Address) (City) (State)
1. BORROWLR(8) PROMISE TO PAY: I/We promise to pay rive Thousand Dollars ($5,000.00
) (this amount will be called "principal") to the order of Collier County or to any
other holder of this Note (the "Lender"), whose address is 3050 Horseshoe Drive
North, Suite 275, Naples, Florida 34104 . I/We understand that the Lender may
transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note will be called the "Note Holder".
2. INTEREST: Interest on this Note shall be zero percent (0%) per annum: except that if
I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%)
per annum from the date when payment of this Note is due until I/We pay it in full.
3. PAYMENTS: Principal payments shall be deferred for the term of the first mortgage loan
or until sale of property, refinance, or loss of homestead exemption , the date the
last payment is due on refinance or satisfy the first mortgage loan, //We agree to
immediately pay the entire sum due under this Note. My/Our total payment shall be U.S.
$5,000.00 .
4. BORROWER'S RIGHT TO PREPAY: I/We have the right to make payments of principal at any
time before they are due. A payment of principal only is know as a "prepayment". When
I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing
so.
I/We may make a full prepayment or partial prepayment charge. The Note Holder will use
all of my prepayments to reduce the amount of the principal that I owe under this Note.
If I/We make a partial prepayment, there will be no changes in the due date or in the
amount of my monthly payment unleshe--Net.e,Holder agrees in writing to those changes.
If I/We make a partial prepaymeht,-TigXCwiAplbe no prepayment penalty adhering to or
associated with such prepaym�n(�i __ --,� )
r`��i
�5. LOAN CHARGES: If a law,,(which applies to th lb�an and which sets maximum loan
op charges, is finally inteprqed—so-that the interest or�other loan charges collected or
c+) to be collected in connection With this foelri'exceed the\permitted limits; then (i) any
ire) such loan charges shall/be educed Ay he, amount necessary to reduce the charges to the
permitted limit; and (iii) �°YAy btlyncai�l�t , from me which exceeded permitted
1 D limits will be refunded td( m /us. Tkel l o oideg may choose to make this refund by
reducing the principal Wei owejun'der this'�Ndtelgxiby making a direct payment to
ae me/us. if a refund re`di)&e's--{7tihrl-pal;the redu tid[ twill be treated as a partial
prepayment. {
e—s M . \
%
6. SUBORDINATION: Lender an ,tBprrower acknowledge and agree that this Security Instrument
pG is subject and subordina - 1n all respects jto`-the liens, terms, covenants and
O conditions of the First Deed.("ofr- l-rust and to,.ally advances heretofore made or which may
hereafter be made pursuant to-_,the?-F�-st-fie"d�'¢�ff Trust including all sums advanced for
the purpose of (a) protecting of il"�i+7t rei e u' i g the lien of the First Deed of Trust,
curing defaults by the Borrower undei the-"Fiirst Deed of Trust or for any other purpose
expressly permitted by the First Deed of Trust or (b) constructing, renovating,
repairing, furnishing, fixturing or equipping the Property. The terms and provisions
of the First Deed of Trust are paramount and controlling, and they supersede any other
terms and provisions hereof in conflict therewith. In the event of a foreclosure or
deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any
provisions in any other collateral agreement restricting the use of the Property to low
or moderate income households or otherwise restricting the Borrower's ability to sell
the Property shall have no further force or effect on subsequent owners or purchasers
of the Property. Any person, including his successors or assigns (other than the
Borrower or a related entity of the Borrower), receiving title to the Prcperty through
a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive
title to the Property free and clear from such restrictions.
Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in
lieu of foreclosure, the lien of this Security Instrument shall automatically terminate
upon the Senior Lien Holder's acquisition of title, provided that (i) the Lender has
been given written notice of a default under the First Deed of Trust and (ii) the
Lender shall not have cured the default under the First Deed of Trust within the 30-day
period provided in such notice sent to the Lender.
7. BORROWERS) FAILURE TO PAY AS REQUESTED:
(A) Default
If I/we do not pay the full amount as required in Section 3 above, I/we will be in
default. If I am in default, the Note Holder may bring about any actions not
prohibited by applicable law and require me/us to pay the Note Holder's cost and
expenses as described in (B) below.
(B) Payment of Note Holder's Cost and Expenses
If the Note Holder takes such actions as described above, the Note Holder will have the
right to be paid back for all of its costs and expenses, including, but not limited to,
reasonable attorneys' fees.
Packet Page -641-
11. CIVING Or NOTICES: Uniess applicable law required a different m 3/8/2016 16.D.6.
must be given to me/us under the Note will be given by delivering it or by mailing it
by first class mail to me at the Property Address on Page 1 or at a different address
if I/we give the Note Holder a notice of my/our different address.
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 it Section 3(A) ;. .
or at a different address if I/we have been 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
endorser 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. HAIVERS: I and any other person who has obligations under this Note waive the rights
of presentment and notice of dishonor. "Presentment" 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 have not been
paid.
11. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in
some jurisdictions. In addition to the protection 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 which might
result if I/we do not keep the promises which I/we make in this Note. That Security
Instrument describes how and under what conditions I/we may be required to make
immediate payment in full of all amounts I/we owe under this Note. Some of those
conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of
the property or any interest in it is sold or transferred (or if a beneficial interest
in Borrower is sold or transferred_And Borrower is not a natural person) without
Lender's prior written consent, ns meey at,its option, require immediate payment in
44 full or all sums secured by thi S,eb i LIK rument. However, this option shall not
ie be exercised by Lender if exeraise is prohi iited,b>\federal law as of the date of this
Security Instrument. /'
01 ,� \
ern If Lender exercises thi$ o ion, Leloder _gha1l give Borrower notice of acceleration.
e+r, The notice shall provide a pezr``ftasof not less, than'\thi'rty (30) days from the date the
notice is delivered orjmai, �i��Hi wh h 8cra e must pay all sums secured by this
2 Security Instrument. f rrow ( ))fAi t � y t,, ese hums prior to the expiration of
this period, Lender my (#n.{oke a yt r4Te es ipe i ted by this Security Instrument
without further notice r.deminc nt,eo 'ow t. V I, -.I
cor ? r .r
M Notwithstanding the above', the Lender's r hts tqq dilect and apply the insurance
proceeds hereunder shall`,be subject and suboadinat`e-� .6 the rights of the Senior Lien
Holder to collect and app3�y,s ph proceeds in accordan'te with the First Deed of Trust.
i �.
O 12. This note is governed and\0000n tru d in a000 6. with the Laws of the State of
4c Florida.
44
WITNESS TIE HAND(S) AND SEWS) Or THE UNDERSIGNED.
\ \ .` ! (Seal)
Borrower Amanda Mays
(Seal)
Borrower
RETURN TO: Collier County Housing & Urban Improvement Department
3050 North Horseshoe Drive, 4145 Filet: 03-045
Naples, FL 34104
Phone: (941) 403-2338 Fax: (941) 403-2331
AmPep
Packet Page -642-
3/8/2016 16.D.6.
Prepared by:Mandy Moody
Collier County
Community and Human Services Divivsion
3339 E.Tarniami Trail
Naples,FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
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 Amanda Mays to COLLIER COUNTY, recorded on 10/07/2002 in Official
Records Book 3124, Page 3385, of the Public Records of Collier County, Florida, securing a principal
sum of $5,000.00 and certain promises and obligations set forth in said Mortgage, upon the property
described in the aforementioned mortgage.
COLLIER COUNTY hereby acknowledges full payment and 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
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK OF COLLIER COUNTY,FLORIDA
By: By:
, DEPUTY CLERK Chairman Donna Fiala, District I Commissioner
Approval for form and legality:
Jennifer A.Belpedio iw =
Assistant County Attorney
Packet Page -643- (mss
Beta: 2118851 OR: 2250 PG: 2097 3/8/2016 16.D.6.
MICA' tITLI INC RICORDID in the OIIICIAL RICORDS of COLLIIR COURT!, PL
3777 ?AMIANI fR N 1201 11/15(96 at 01:20AN HM
MICA' BROC[, CLdRI
MAPLIS PL 34103
SECOND MORTGAGE
HIS SECOND MORTGAGE(`Security Instrument-)is given on lvoye fl r 7 ,199k The Second Mortgagor is
Pauline Rourke-Melvin
Borrower") This Security Instrument is given to Collier County
(`Lender'). which is organized and existing under the laws of the United States of America, and whose address is _2800 North
Horseshoe Drive. Naples, Florida 33942_. Borrower owes Lender the sum of TWO THOUSAND FIVE
HUNDRED DOLLARS AND NO/10QTli,4.(S 1500.00 )debt is evidenced by Borrowers Note dated the same date as this Secunty
Instrument('Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on Hale of
property. refinance. or loss of homestead exemption . This Security Instrument secures to Lender(a)the
repayment of the debt evidenced by the Note.with interest.and all renewals,extensions and modifications;(b)the payment of all other sums.
with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants
and agreements under this Security Instrument and the Note For this purpose,Borrower does hereby second mortgage.grant and convey to
Lender the following described property located in Collier County.Florida
As more particularly described on Exhibit"A,'and which has the address of DBLD 3500.00
AEC [II 19.58
(`PropertyAddressi _ 236 Peble Beach BQ3i14Yard. NF402 ___ DOC•.]5 1.15
Naples Florida 34117
TOGETHER WITH all the improvements now or hereafter erected on the properly,and all easements,rights,appurtenances.rents,
royalties, mineral. oil and gas rights and profits. water rights and stock and all fixtures now or hereafter a part of the property All
replacements and additions shall also be covered by the Security Instrument All of the foregoing is referred to in this Security Instrument as
the"Property'
BORROWER COVENANTS that Borrower is lawfully -oLthe estate hereby conveyed and has the right to rnortgage grant
and convey the Property and that the Property is unpncu`rm eRe @ceptif`'eneumbrances of record. Borrower warrants and will defend
generally the title to the Properly against all claims nit dJ.ua dsrsuble lickg_ �u(rtbrances Of record.
THIS SECURITY INSTRUMENT conlbur dorm covenants for aa 'Puseiand non-uniform covenants with limited variation by
)unsdicbon to constitute a uniform security insifu nenl,Covering real property. \.J- \
UNIFORM COVENANTS. Borro r andtender covenant and agree as follows
1. Payment of Principal and II hoer.,; eri�payminntand Late Charges. Borrower shall promptly pay when due the principal of
and interest on the debt evidenced by theiN°le I 14"--- \ �•
2. Taxes. The Mortgagor w fl pays///al a as Arta sewer)rents or Water Crates prior to the accrual of any penalties or
interest thereon. f' \ f
The Mortgagor shall pay or use tp be pmd, s t e sam es.� el(l; due,iA)(1)all taxes and governmental charges of
any kind whatsoever which,iiay ai art , ie ll''e. wlu'p\as es ed 0 I red agt0 st' with respect lu the Property,(2)all utility and other
charges,including"service charges",me rrec ied�•arati .maipten qce,^5'4J,ioccupancy,upkeep and improvement of the
Property,and(3)all assessments or orttf`governmental charges that\Lrray la lly blehp4i in installments over a period of years. the
Mortgagor shall be obligated under the Mer1g`eae to pay or cause to be partly su?h inStallmi nts as are required to be paid during the term
of the Mortgage.and shall,promptly after ti))e a ttent of any of the foregom ,iarward to;Mplgagee evidence of such payment.
3. Application of Payments. Un�eyIa plicable law provides othe s..al(pAyments received by Lender shalt be applied,first,to
interest due;and,to principal due,and last,toUhy Ia`�.charges due under the Noje.,< j
4. Charges;Liens. Borrower shall paq.al;taxe assessments,chaigess,‘fines and impositions attrtbutable to the Property which
may attain pnority over this Security Instrument ancleasehol men�t'tyreun ,tents,it any Borrower shall promptly furnish to Lender
all notices of amounts to be paid under this paragraph'.-a4_46 cei}slvideing"the payments.
Borrower shall promptly discharge any lien which h pnrntyva67 this Security Instrument unless Borrower (a)agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by or defends against
enforcement of the(ten in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien.or(c)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 may attain priority over the Security Instrument,Lender may give Borrower 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.
5. Hazard or Property insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire hazards included within the term'extended coverage`and any other hazards,including floods or flooding,for
which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance
carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably 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 shall maintain insurance with respect to the
Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable.all
premiums in respect thereto,including,but not heated to.aft risk insurance protecting the interests of the Mortgagor and Mortgagee against
loss or damage to the Premises by fire,lightning.and other casualties customarily insured against(including boiler explosion.if appropriate),
with a uniform standard extended coverage endorsement,including debris removal coverage Such insurance at all times to be in an amount
not less than the full replacement cost of the Premises,exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender all receipts of paid premiums and
renel0 notices. In the event of loss Borrower shall give prompt notice to the insurance carnet and Lender. Lender may make proof of loss
Chostriade promptly by Borrower.
oUnless Lender and Borrower otherwise agree in wnhng,insurance proceeds shall be applied to restoration or repair of the Property
C) Z v)dallgited, it the restoration or repair is economically feasible and Lender's security is not lessened. It the restoration or repair is not
z Z ically feasible or Lender's security would be lessened.the insurance proceeds shall be applied to the sums secured by the Security
Cr Orient,whether or not then due,with arty excess paid to Borrower If Borrower abandons the Property,or does not answer within 30
n W daytlCs notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender
♦— 1- NeQlse the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The?tip S will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to
lL z Sin I shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the
< f{�dents. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from
Q<0�a�` to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately
J.fj ri&Rto the acquisition.
0_ eL 0. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds.
CI shall 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 the Property as Borrower's principal residence fix at least one year after the date of occupancy.
unless Lender otherwise agrees ei writing, which consent shall riot 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
Packet Page -644-
ccbp3ed.wp
OR: 225(' b(*_r 'nog
3/8/2016 16.D.6.
the Property. Borrower shall be in default It any forfeiture action or proceedieg,whether civil or criminal,is begun that in Lender's good faith
,dgment could result in forfeiture of the I'ruuerty or utherwrse materially umpolr the hen created by this Security Instrument or Lender's
seventy interest. Borrower may cure such a default and reinstate.as provided in paragraph 18,by causing Me action or proceeding to be
dismissed with a ruling that in Lender's goat faith determination. precludes forfeiture of the Borrower's interest in the Property or other
maternal impairment of the ken created by this Security Instrument or Lender's security interest Borrower shall also be in default if Borrower,
during the loan application process.gave materially false or inaccurate information or statements to Lender(or faded to provide Lender with
any material information) in connection with the can evidenced by the Note, including, but riot limited to, representations concerning
Borrower's occupancy of the Property as a 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 shalt not merge unless Lender agrees
to the merger in writing.
7. Protection of Lender's Rights In the Property. If Borrower tails to perform the covenants and agreements contained in this
Secunty Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in
bankruptcy.probate.for condemnation or forfeiture or to enlace laws or regulations),then Lender may do and pay for whatever is necessary
10 protect the value of the Property arid Lender's rights in the Property Lender's actions may include paying any sums secured by a 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 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.
S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. tf, for any reason. the mortgage
insurance coverage required by Lender lapses or ceases to be in effect, 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 approved by Lender. If substantially equivalent mortgage
insurance coverage is not available.Borrower shall pay to Lender each month a sum equal to one twelfth of the yearly mortgage insurance
premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect Lender will accept,use and retain these
payments as a loss reserve in lieu of mortgage insurance Loss reserve payments may no longer be required,at the option of Lender.if
mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again
becomes available and is Obtained Borrower shall pay the premiums required to maintain mortgage Insurance in effect,or to provide a loss
reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or
applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and Inspections of the Property Lender shall give
Borrower notice at the tune of or prior to an inspection specitym._gr liable cause for the inspection.
10. Condemnation. The proceeds of an�a'�r arm) .�., r..damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Pru y'. re aricerbtio condemnation,are hereby assigned and shall be paid to
Lender. In the event of a total taking of the Propel yf a$i eds shall i4 a sums secured by this Security Instrument.whether
or not then due,with any excess paid to Bor,Yoi``�((`` I*fthe event of a partial-la gf Property, in which the form market value of the
Property immediately before the taking is e�Siival'to'bi greater than the amount of su secured by this Secunty Instrument immediately
before the taking,unless Borrower and Lender ottferwise-agree`in writing the sums s cur by this Security Instrument shall be reduced by
the amount of the proceeds multiplied b.)71 the)6llow(u9gtt4,Etion- (a)trre-tcd-A amount I the sums secured immediately before the taking,
divided by(b)the fair market value of the Property immediateIy_be.e the taking Any lands shall be paid to Borrower In the event of a
partial taking of the Property in which th'fair I"' uv15f Pr,'"' rater ore Me taking is less than the amount of the sums
secured immediately for the taking,unless B router ahIL_nder ,oftr rw.0 a reps ling or unless applicable law otherwise provides.the
proceeds shall be applied to the surrsi sec d by the i S curt k1 tr tent w th or not tt a oums are then due. Unless Lender and
Borrower otherwise agree in writing, a►iy'3f to too �Qr _.,s`I•pi hcipal stall not or postpone the oue date of the monthly
payments referred to in paragraphs 1 or an t amount uch. " "'nts
11. Borrower Not Released , arance By Lender Not A ve. E en ''i of the time for payment or modification of
amortization of the sums secured by this S6c)an Instrument granted by Lill e.to ny sor in interest of Borrower shall not operate to
release the liability of the original Borrower�ittf rowers successors in efts!'L r?frail not be required to commence proceedings
against any successor in interest or refuse to1 n't1 tine for payment or otherwis9-41 ,i nlortizattOn of the sums secured by this Secunty
Instrument by reason of any demand made f :original Borrower or Borrywer'�su ssas in interest. Any forbearance by Lender in
exercising any right or remedy shall not be a waiver o(tir iieclude Me exec i erlty.nght or remedy.
12. Successors and Assigns Bound;JdInt an 7ss7,d�er}},,tt1 liar;COvStgner$. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and as'st ns32,rvLendertaI .BOfiower,subject to the
Provisions of paragraph 17 Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs Mrs Security
Instrument but does not execute the Note; (a)is cosigning this Security Instrument only to mortgage,grant and convey that Borrower's
interest in the Property under the terms of this Security Instrument,(b)is not personally obligated to pay the sums secured by this Security
instrument,and lc)agrees that Lender and any other Borrower may agree 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 subject 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 connection with the loan exceed the permitted
limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit,and(b)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. II a refund reduces principal,the reduction will be
treated as a partial prepayment without any prepayment charge under the Note
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be 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 shall be given to Borrower or Lender when given as provided in this
paragraph
15. Governing Law;Severabllity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in
which the Property is located. 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 Instrument or the Note 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 severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security instrument
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or
transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural parson)without Lenders prior written
consent,Lender may,at its option,require Immediate payment in full of all sums secured by this Security Instrument However,this option
shall not be exercised 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 sums secured by this Security Instrument II 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
16. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of
this Security Instrument discontinued al any time prior to the earlier of (a)5 days(or such other period as applicable law may specify for
reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument,or(b)entry of a judgment
enforcing this Security Instrument Those conditions are that Borrower(a)pays Lender all sums which then would be due under this Secunty
Instrument and the Note as if no acceleration had occurred. (bl 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 as Lender
may reasonably require to assure that the lien of this Security Instrument.Lender's rights in the Property and Borrowers obligation to pay the
sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the
obligations secured hereby shall 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
Packet Page -645-
ccta 3ed.w
OR 2 3/8/2016 16.D.6.
it Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)
may be sold one or more times without prior notice to Borrower A sale may result in a change in the entity(known as the'Loan Servicer'I
that collects monthly payments due under the Note 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 change of the Loan Servicer,Borrower will be given written notice of the change in
accordance with paragraph 14 and applicable law The notice will state the name and address of the new Loan Servicer and the address to
which payments should be made. The notice will also contain any other information required by applicable law
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of 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 The preceding two sentences shall not apply to the presence,use.or storage on the Property of small
quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the
Property.
Borrower shall promptly give Lender written notice for 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. It Borrower learns.or is notified by any governmental or regulatory authority, that any removal or other rernertlatlon of any
Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law
As used in this paragraph 20,'Hazardous Substances'are those substances defined as toxic or hazardous substances by Environmental
Law and the following substances gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides.volatile
solvents,materials containing asbestos or forinialdehyde,and
radioactive materials. As used in this paragraph 20,'Environmental Law'means federal laws and laws of the jurisdiction where the Property
is located that relate to health,safety or environmental protection
21. Acceleration; Remedies. Lender shall give notice to Borrower prier to acceleration following Borrower's breach of any
covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides
otherwise) The notice shall specify (a)the default,lb)the action required to cure the default;(c)a date,not less than 30 days from the date
the notice is given to Borrower,by which the default must be cured,and(d)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 Be foreclosure
proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or
before the dale specified in the notice.Lender,at its option.may require immediate payment in full of all sums secured by this Secunty
Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all
expenses incurred m 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 securbribrbSe t`ntstr,prnent.Lender shall release this Security Instrument,without
charge,to Borrower. Borrower shall pay any recordation(c$stt ',
22. Attorneys'Fees. As used in this Seciiu{e4y Ir1?n.iament and t;�-t�;ll\•\�geys'fees*shall include any attorneys'fees awarded
by an appellate court /,-1,,,, - � tt` f
24, Riders to this Security Instrupferft..Jfone or more riders are execu e4y Borrower and recorded together with this Security
Instrument,the covenants and agreements ofreach/so c vaider-shall be incorporated intdand shall amend and supplement the covenants and
agreements of this Security Instrument as if.he nderls c�a pairsf-thrs-Se tiny Instrument Check Applicable Box)
O f e \,
Adjustable Rate Rider r II I tatty irppr\a)reri .±., y� mmrLm Rider
0 Graduated Payment Rider 1 t}FBind RI r� ' '/ LJ Second Home Rider
Balloon Rider i{ 1 -t;week �y \m-
Other(s) ?-- L1 Planned Unit Development Rider
❑ dC.
Others)(specify '� , ,1
• �
SIGNING BELOW, Borrower accepts and agues to Ihe.terms and covenants contained in this Security Instrument and in any rider(s)
executed by Borrower and recorded with it _
Signed,sgaled and delivered in the presence of f /c"
Signature( 1/f Signature j LL/ �'L J e.(/ ,\Jr- i/ � ,tSie6l)
Borrower : Pauline Rourke•Melvin
Print N 2/r/ ••
77 (( ,,� Address.2,3 �rv'(Ki I�1LaC-� - AIC
Signatuid� b.�u++cup >°-
Pont Name•— lv11) Lg �'t3 3 NI//7
STATE OF / '__1_!_i/17' Signature (Seal)
Borrower: -----_.---------
COUNTY OF%t
Address
I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take
acknowledgments, personally appeared �f}44n1� � el-VI./ to me known to be the
person(s)described in and who executed the foregoing instrument and acknowledged before me that 14s.e _ executed the same for
the purpose therein expressed A WITNESS my hand and official seal in the Courtly and State aforesaid this day of/( "_r i'_ ,19_'x.
My Commission Expires
Notary Public's Signatote
Notary's Printed Name
,, I(ATltEEN SINGER II
(SEAL) My C0M*98CN a CC 41252/
Roe Miramar%
Packet Page -646-
ccbp3ed.wp
3/8/2016 16.D.6.
*** OR: 2250 PG: 2100 ***
"Exhibit A"
ATTACHMENT FOR LEGAL DESCRIPTION
UNIT 402 OF NAPLES GREEN,A CONDOMINIUM,PHASE II ACCORDING TO THE
CONDOMINIUM DECLARATION THEREOF AS RECORDED IN THE OFFICE OF THE CLERK
OF CIRCUIT COURT IN OFFICIAL RECORDS BOOK 1659,PAGES 1013 THROUGH 1080,
PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,TOGETHER WITH ALL APPURTENANCES
THEREUNTO APPERTAINING AND SPECIFIED IN SAID CONDOMINIUM DECLARATION,AND ALL
AMENDMENTS.
!r f^
\T—C)'\
1 st
•
IFG AT1AQIED LEGAL GES(:AINGUN Packet Page -647-
COG ATTACHED I E(iAL IY SCJAV I IUN
3/8/2016 16.D.6.
Prepared by:Mandy Moody
Collier County
Community and 1-luman Services Divivsion
3339 E.'Iamiami Trail
Naples, FL 34112
TI-IIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
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 Pauline Rourke-Melvin to COLLIER COUNTY, recorded on 11/15/1996 in
Official Records Book 2550, Page 2097, of the Public Records of Collier County, Florida, securing a
principal sum of $2,500.00 and certain promises and obligations set forth in said Mortgage, upon the
property described in the aforementioned mortgage.
COLLIER COUNTY hereby acknowledges full payment and 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
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK OF COLLIER COUNTY,FLORIDA
By: By:
,DEPUTY CLERK Chairman Donna Fiala, District I Commissioner
Approval for form and legality:
Jennifer A.Belpedio r
Assistant County Attorney °
'
Packet Page -648-
INSTR 4627186 OR 4737 PG 1 RECORDED 11/16/2011 9:43 AM PAGES 3 RE-RECORD
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 3/8/2016 16.D.6.
REC $27.00
It 4569906 OR PG 1662 ••
R RDED 6!3!2011 4688 2:45 PM PAGES 3
DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$27.00
OBLD$0.00 OBLI$0.00
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
U
F.2 SECOND MORTGAGE •
0
U
$ THIS SECOND MORTGAGE("Security Instrument")is given on...2/7q%day of )/1, (/ ,2011. The Second Mortgagor is:
tu
'2 Eliseo Viamonte Vegas and Yolanda Oropesa Ortiz, a married couple
O
dC ("Borrower'). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under
d) W the laws of the United States of America,and whose address is 3339 E. Tamiami Trail, Naples, Florida 34112 .
cn
o Borrower owes Lender the sum of Three Thousand and 00/100 Dollars ($3,000.00). This debt is evidenced by
C Cl Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,
.n o if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption .
In c This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions
O and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security
a9 n Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,
E 5 Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida.
o v As more particulariy describedas Golden Gate Unit 6 Part 1 Blk 221 Lot 11,of the Public records of Collier County,
To• n as Florida and which has the address of: _ _
("Property Address"): 5428 27th Ave SW Naples Florida 34116
(Address) (City) (State) (Zip)
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents,
royalties,mineral,oil and gas rights and profits,water rights and taek-and-altjxtures now or hereafter a part of the property. All replacements
and additions shall also be covered by the Security Instrum `/qaltt i hebttteep i'4s referred to in this Security Instrument as the"Property".
BORROWER COVENANTS that Borrower is aGAu(lysrl2ed-oftheke he y conveyed and has the right to mortgage,grant and
convey the Property and that the Property is unencu ,except for encumban f record. Borrower warrants and will defend generally
the title to the Property against all claims and dem n Sect to any encumbrance .p' reci.grd.
THIS SECURITY INSTRUMENT comb)'lies upifptmcoueoants for national useand rion-uniform covenants with limited variation by
jurisdiction to constitute a uniform security insirtfinentfcovplin real'property.-,t`` \
UNIFORM COVENANTS. Borrowerpnd Lender covenentend``a�gree as follows:\
1. Payment of Principal and Interest;P p5gm'eint-a—dUte c ,,tie o r shall promptly pay when due the principal of and
interest on the debt evidenced by the Note. � 1 1 tic
/ g}
2. Taxes. The Mortgagor will pay all taxes,assessme is sewer fen or�at r rases prior to the accrual of any penalties or interest
thereon. (^ L/ ,j a � (`�+
The Mortgagor shall pay or cause to$pajd,as the same respectivelfy�beco ne dtl (1)all taxes and governmental charges of any
kind whatsoever which may at any time be lawfp'8y'ssessed or levied against`Qr�vith}esp¢c>wjo the Property,(2)all utility and other charges,
including"service charges",incurred or imposed�)o hperation,maintenan j e,/oce(i�� ,upkeep and improvement of the Property,and
(3)all assessments or other governmental charges/that ay lawfully be paid in insta mef:over a period of years,the Mortgagor shall be
obligated under the Mortgage to pay or cause to b piai -qqmy such installments a arrf,gtyfed to be paid during the term of the Mortgage,and
shall,promptly after the payment of any of the foregorhg-4 w rdto Mortgagee-evtdehce.6f such payment.
3. Application of Payments. Unless applicable,lav,3jctvides oft)eyw(se>allgayments received by Lender shall be applied;first,to
interest due;and,to principal due;and last,to any late cha ges- payments
nderth Note.
4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which may
attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this paragraph,and all receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower(a)agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against
enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)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 may attain priority over the Security Instrument,Lender may give Borrower 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.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably 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 shall maintain insurance with respect to the Premises against such
risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended
coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement
cost of the Premises,exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall 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 be applied to the sums secured by the Security
Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period
will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not
extend or postpone the due data of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall
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 the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing,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 shall be in default if any forfeiture action or proceeding.whether civil or criminal,is begun that in Lender's good faith .
Packet Page -649-
OR 4737 PG 2
3/8/2016 16.D.6.
•
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,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material
information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy
of the Property as a 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 covenants and agreements contained in this
Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in
bankruptcy,probate,for condemnation or forfeiture or to 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 a 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 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.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance
coverage required by Lender lapses or ceases to be in effect,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 approved by Lender. If substantially equivalent mortgage insurance coverage is not
available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by
Borrower when the insurance coverage lapsed or ceased to be In effect. Lender will accept,use and retain these payments as a loss reserve
in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for
mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation
or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the
event of a total taking of the Property,the proceeds shall be applied urns secured by this Security Instrument,whether or not then due,
with any excess paid to Borrower. In the event of a partial ' • • l.:e' .1; 't_which the fair market value of the Property immediately
before the taking is equal to or greater than the amountatih - . Pr• S,e rity Instrument immediately before the taking,unless
Borrower and Lender otherwise agree in writing,the su b ecOted by this Se r. last ent shall be reduced by the amount of the proceeds
multiplied by the following fraction:(a)the total arrtdun't the sums secured imme iately-b lore the taking,divided by(b)the fair market value
of the Property immediately before the taking. Any ba amce shall be paid to Borrower."lp the event of a partial taking of the Property in which
the fair market value of the Property immediate y before the taking is-less then the amount of the sums secured immediately for the taking,
unless Borrower and Lender otherwise agree i i writing oiltass.app' .ble law a therwiseprovi2les,the proceeds shall be applied to the sums
secured by this Security Instrument whether olr not he-sums a.=. egdu-. n se-Lenderand Borrower otherwise agree in writing,any
application of proceeds to principal shall not exten or postrlene h dt(t is p of the monthly\payments referred to in paragraphs 1 or change
the amount of such payments. I _
11. Borrower Not Released,Forbe¢arance Ey Lend oya Waver. Erten(f'ron;of-thi$,time for payment or modification of
amortization of the sums secured by this Secttrityartssfoment g`rante'd btt€tl pr to any sucee got in interest of Borrower shall not operate to
release the liability of the original Borrower or S,o.c er's successors in intere Lenders alir t be required to commence proceedings
against any successor in interest or refuse to exlend'l me for payment or othe mod amortization of the sums secured by this Security
Instrument by reason of any demand made by th'e,orlyy_inal Borrower or Borrowe s gccesslors in interest. Any forbearance by Lender in
exercising any right or remedy shall not be a waiver of oLpreclude the exercise of apy�right.er remedy.
12. Successors and Assigns Bound;Jo1n.a,d`,Seyeral LiabllityJG6.Slgners. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and ass ns'f f rroisvereaub'ect to the
Provisions of paragraph 17. Borrower's covenants and agr'eep h bi "d several. Any Borrower who co-signs this Security
Instrument but does not execute the Note;(a)is co-signing this Se ' rument only to mortgage,grant and convey that Borrower's interest
in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;
and(c)agrees that Lender and any other Borrower may agree 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 subject 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 connection with the loan exceed the permitted
limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)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 under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be 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 shall be given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which
the Property is located. 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 Instrument or the Note 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 severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property ore Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or
transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written
consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall
not be exercised 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 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 further
notice or demand on Borrower.
18. 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)5 days(or such other period as applicable law may specify for
reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration 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 as Lender may
reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations
secured hereby shall 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 sold 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 Note 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 change of the Loan Servicer,Borrower will be given written notice of the change in accordance with
Packet Page -650-
*** OR 4737 PG 3 ***
3/8/2016 16.D.6.
• •
paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments
should be made. The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of 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. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice for 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. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law
and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile
solvents,materials containing asbestos or formaldehyde,and
radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is
located that relate to health,safety or environmental protection.
21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant
or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The
notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given
to Borrower,by which the default must be cured;and(d)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 specified 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 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'fees 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 and shall amend and supplement the covenants and
agreements of this Security Instrument as if the rider(s)were a .of-this ecurity Instrument. (Check Applicable Box)
❑Adjustable Rate Rider ❑Rate Improycr ent R J � h❑Condominium Rider
❑Graduated Pa ent Rider
yrn ❑1 4 Fa i�Rider �`p`$\econd Home Rider
❑Balloon Rider ❑Biweekly Payment Rider El Planned Uni Development Rider
��
❑Other(s)(specify ! � �� „`",
SIGNING BELOW,Borrower accepts and agrees the to s and covenants co tkineril in tjris Security Instrument and in any rider(s)executed
by Borrower and recorded with it. . I , I` t ' ' �1 f
c.'--:_, .3
Signed,sealed and delivered in the presence
Wtness#1: L ` dc), 5-6749 1 , Signatures r 1 /r
f Borrow- ' Eliseo Vi -.ate Vegas
Signature: • ,�\/ /
*\
,— J j
Witness#2: Q jrS CpOh �;f3igpatur*t � oa
1 9_ orxow�i Yol-.'0ropesa Qztts
Signature: g�h
•
Address: 5428 27th Ave
Naples, Florida 34116
STATE OF FLORIDA
COUNTY OF COLLIER
I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take
acknowledgements,personally appeared Eliseo Viamonte Vegas and Yolanda Oropesa Ortiz to me known to be the
person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the
purpose therein expressed.
WITNESS my hand and official seal in the County and State aforesaid this,-D�/
4 day of 177v,- ,2011.
My Commission Expires:
Notary Public's jer.ure '.
(Seal)
NOTARY 1'uB 1C-STATE 01'FLORIDA Notary's Printed Name
N Cg R erpening
,Priii1mIntr ATIAITrr rasr5 co.,me(, Conmissoa#130827341
1 Expires: NOV.15,2012
SHIP File#: 09-364
Prepared by:
Collier County Housing,Human&Veterans Department
3339 E.Tamiami Trail,Bldg H,Suite 211
Naples,FL 34112
Packet Page -651-
3/8/2016 16.D.6.
Prepared by:Mandy Moody
Collier County
Community and Human Services Divivsion
3339 E.'famiami Trail
Naples.FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
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 Eliseo Viamonte Vegas and Yolanda Oropesa Ortiz to COLLIER COUNTY,
recorded on 11/16/2011 in Official Records Book 4737, Page 1, of the Public Records of Collier County,
Florida, securing a principal sum of $3,000.00 and certain promises and obligations set forth in said
Mortgage, upon the property described in the aforementioned mortgage.
COLLIER COUNTY hereby acknowledges full payment and 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
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, CLERK OF COLLIER COUNTY,FLORIDA
By: By:
, DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner
Approval for form and legality:
Jennifer A. Belpedio e
Assistant County Attorney }1 ' ,
Packet Page -652-