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Agenda 06/28/2016 Item #16D 6 6/28/2016 16.D.6. EXECUTIVE SUMMARY Recommendation to approve thirteen mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$114,763. 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 following table provides details regarding the associated mortgages that have been repaid in full. As such,satisfactions of mortgages are required. Security Mortgage Payoff File# Name Instrument Amount Amount Public Record 97-126 Carla K Blair SHIP Second $2,500.00 $2,500.00 OR Book 2283 Mortgage Page 0354 t-\ 09-072 Darline D Blavette SHIP Second $3,000.00 $3,000.00 OR Book 4502 Mortgage Page 0197 08-043 Karen M Brett* SHIP Second $20,700.00 $20,676.27 OR Book 4380 Mortgage Page 2293 09-070 Eliabel Brito&Silvia Brito SHIP Second $2,704.00 $2,704.00 OR Book 4436 Mortgage Page 2395 12-043 Orlando Lopez Capaz& SHIP Second $20,000.00 $20,000.00 OR Book 5042 Varinia Agra Calvo Mortgage Page 0421 Jean T Cheribin& SHIP Second OR Book 4618 09-292 Immacula Leo $3,000.00 $3,000.00 Mortgage Page 1175 00-043 Fatma Elsayed** SHIP Second $5,000.00 $2,500.00 OR Book 2623 Mortgage Page 2269 09-281 Junior LaForce SHIP Second $5,120.00 $5,120.00 OR Book 4611 Mortgage Page 2198 08-157 Norberto Acosta Mayor SHIP Second $16,840.50 $16,840.50 OR Book 4391 Mortgage Page 4064 08-016 Babett K Moser SHIP Second $26,698.50 $26,698.50 OR Book 4371 Mortgage Page 2694 09-189 Steven M Nowlin& SHIP Second $4,200.00 $4,200.00 OR Book 4508 Meghan L Nowlin Mortgage Page 0182 n Packet Page-1100- 6/28/2016 16.D.6. SHIP Second OR Book 3156 03-060 Lucia M. Siu $2,500.00 $2,500.00 Mortgage Page 0342 Total 33429.1 $112,263.00 $109,739.27 01-087 Jorge A Flores&Damarys SHIP Second $2,500.00 $2,500.00 OR Book 2729 Perez*** Mortgage Page 2597 Total $2,500.00 $2,500.00 Total $114,763.00 $112,239.27 *On July 22, 2008, a mortgage was issued to Karen M Brett in the amount of $20,700.00 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$20,676.27,the amount received. **On December 21, 1999,a mortgage was issued to Fatma Elsayed in the amount of$5,000.00 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$2,500.00,the amount received. *** On October 5, 2000, a mortgage was issued to Jorge A Flores and Damarys Perez in the amount of $2,500.00 for down payment assistance and emergency repairs to a dwelling unit. Repayment of those funds was received March 17,2003 and the Satisfaction of Mortgage was not issued. 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$109,739.27 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 funds repaid in 2003 in the amount of$2,500 were recognized during that fiscal year. 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 thirteen mortgage satisfactions for owner-occupied affordable housing units for which repayment in full has been provided to Collier County. PREPARED BY: Wendy Klopf,Operations Coordinator,Community and Human Services Division Attachments: 1) Satisfactions of Mortgage(13) 2) Second Mortgages(13) 3) Rehab Distribution backup(1) 4) SAP backup for the SHIP payoffs Packet Page-1101- 6/28/2016 16.D.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.6. Item Summary: Recommendation to approve thirteen mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$114,763. Meeting Date: 6/28/2016 Prepared By Name: KlopfWendy Title: Operations Coordinator, Community&Human Services 5/24/2016 3:25:08 PM Submitted by Title: Operations Coordinator,Community&Human Services Name: KlopfWendy 5/24/2016 3:25:10 PM Approved By Name: GrantKimberley Title: Division Director-Cmnty&Human Svc, Community&Human Services Date: 5/31/2016 2:34:52 PM Name: LopezMaggie Title: Supervisor-Accounting, Community&Human Services Date: 5/31/2016 5:59:28 PM Name: SonntagKristi Title:Manager-Federal/State Grants Operation,Community&Human Services Date: 6/2/2016 3:38:44 PM Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date: 6/6/2016 11:33:05 AM Name: AlonsoHailey Packet Page-1102- 6/28/2016 16.D.6. Title: Operations Analyst,Public Services Department /—•••. Date: 6/6/2016 4:15:55 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 6/6/2016 4:16:54 PM Name: RobinsonErica Title:Accountant, Senior,Grants Management Office Date: 6/7/2016 7:55:17 AM Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 6/10/2016 4:53:44 PM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 6/13/2016 1:15:22 PM Name: StanleyTherese Title: Manager-Grants Compliance,Grants Management Office Date: 6/13/2016 3:55:34 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2016 10:19:25 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/16/2016 12:14:00 PM Packet Page -1103- 6/28/2016 16.D.6. Prepared by:Wendy Klopf Collier County Community and Human Services 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 Carla K..Blair to COLLIER COUNTY,recorded on 02/13/1997 `in Official Records Book 2283,Page 0354,of the Public Records of Collier County,Florida,securing a principal sum of S.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 a r ,2016,Agenda Item Number I t.D:0,(.J • 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: tt _� ♦Y1 Jennifer A.Belpedio Assistant County Attorney \ • • Packet Page -1104- +' ; 6/28/2016 16.D.6. Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 TTS 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 owners) and holder(s) of a certain Mortgage executed by Darline D Blavette to COLT.TFR COUNTY, recorded on 10/20/2009 in Official Records Book 4502, Page 0197,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 - -StAsve. ,2016,Agenda Item Number `l.ts D. e.p . 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: r� Jennifer A.Belpedio 3\\Y Assistant County Attorney <���''S '1 s Packet Page -1105- 6/28/2016 16.D.6. Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples, 34112 THI SPACER)] ?lt`RECORDENO 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 Karen M- Brett to COLLIER COUNTY, recorded on 07/22/2008 in Official Records Book 4380, Page 2293, of the Public Records of Collier County,Florida,securing a principal sum of$ 20,700.00 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 - �u rz ,2016,Agenda Item Number i •4• L 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 5 t Z•„^} tG+ Packet Page -1106- 6/28/2016 16.D.6. Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPAcE MR.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 Elia bel Brito,& Silvia Brito to COLLIER COUNTY, recorded on 03/19/2009 Official Records Book 4436,Page 2395,of the Public Records of Collier County, Florida, and a subordination agreement recorded on 02/25/2015 in Official Records Book 5123, Page 3161 securing a principal sum of 52,704.00 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 - t 0V ,2016,Agenda Item Number .© . ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CI.FRK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK Chairman Donna Fiala,District I Commissioner Approval for form and legality: \UP Jennifer A.Belpedio CA Assistant County Attorney Packet Page-1107- 3 6/28/2016 16.D.6. Prepared by:Wendy Klopf Collier County Community and Human Services {. 3339 E.Tamiami Trail Naples,FL 34112 3 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 Orlando Lopez Capaz and Varinia Agra Calvo to COLLIER COUNTY, I recorded on 05/29/2014 in Official Records Book 5042, Page 0421,of the Public Records of Collier County,Florida,securing a principal sum of$ 20,000.00 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 sante of record. i This Satisfaction of Mortgage was approved by the Board of County Commissioners on - 3t..x,,a _ n ,2016,Agenda Item Number!t ,t), 4 i f ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA I I By:_ By: I ,DEPUTY CLERIC Chairman Donna Fiala,District 1 Commissioner 1 Approval for form and legality: Jennifer A.Belpedio *��tt i Assistant County Attorney s17/ i i I r Packet Page -1108- lA 6/28/2016 16.D.6. r-. Prepared by:Wendy Klopf Collier County Community and Human Services 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 owners) and holder(s) of a certain Mortgage executed by Jean T Cheribin and Lumacula Leo to COLLIER COUNTY, recorded on 10/27/2010 in Official Records Book 4618, Page 1175, 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 - Lart = ,2016,Agenda item Number I t-P' fJ . A ITEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERChairman Donna Fiala,District I Commissioner Approval for form and legality: Jennifer A.Belpedio Assistant County Attorney .7rL� s� Packet Page -1101411k 9- 6/28/2016 16.D.6. Prepared by:Wendy Klopf Collier County Community and Human Services 3339 L.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 Fatma Elsaved to COLLIER COUNTY, recorded on 1.2/21/1999 Official Records Book 2623, Page 2269, of the Public Records of Collier County, Florida, and a subordination agreement recorded on 10/09/2002 in Official Records Book 3127, Page 1.053 securing a principal sum of 55,000.00 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 CIerk 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 1101 b 10 . A 1T!~ST: 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 \(L? Assistant County Attorney �� Si (97))Packet Page -1110 6/28/2016 16.D.6. Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 MIS SPA °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 Junior LaForee to COLLIER COUNTY,recorded on 10/05/2010 in Official %. Records Book 4611,Page 2198, of the Public Records of Collier County, Florida, securing a principal sum of 55,120.00 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 - r_ 2016,Agenda Item Number 11,0,CI l.D A 1 rr ST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK Chairman Donne Fiala,District I Commissioner Approval for form and legality: Jennifer A.Belpedio ��? Assistant County Attorney t.J" -7�1 \'Z y/\ Packet Page -1111 6/28/2016 16.D.6. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 3339 E.Tamniami Trail Naples,FL 34112 THIS VACS FOIL.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 Norberto Acosta Mayor to COLLIER COUNTY, recorded on 918/2008 in Official Records Book 4391, Page 4064, of the Public Records of Collier County, Florida, securing a principal sum of$16,840.50 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 - c 5' ,2016,Agenda Item Number 1(4);O,Le 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 I. s Packet Page-1112 6/28/2016 16.D.6. Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDNG 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 Babett K Moser to COLLIER COUNTY, recorded on 06/19/2008 in Official Records Book 4371, Page 2694, of the Public Records of Collier.County,Florida, securing a principal sum of$26,698.50 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 - 'ne. ,2016,Agenda Item Number 1 1Cs C A I JEST: 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.linty At (� �\\� Assistant County Attorney �(Y-S) 5 Packet Page-1113- 6/28/2016 16.D.6. Prepared by:Wendy K1opf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS AcE 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 Steven M Nowlin and Meehan L Nowlin , to COLLIER COUNTY,recorded on 11/10/2009 in Official Records Book 4508, Page 0182, of the Public Records of Collier County, Florida, securing a principal sum of 54,200,00 and certain promises and obii y:tions 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 - ,3 D ,2016,Agenda Item Number Ito,1'. (to . 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 _. 0-fl) '")\ (, Assistant County Attorney 5 rz,) Packet Page -1114- 6/28/2016 16.D.6. Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 t FACE 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 Lucia -M Siu to COLLIER COUNTY, recorded on 11/18/2002 in Official Records Book 315b,Page 0342,of the Public Records of Collier County,Florida, securing a principal sum of 52,500.00 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 - a u s ,De ,2016,Agenda Item Number IL4a se),lP 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 pC0 12" 2�\\� Packet Page-1115- 6/28/2016 16.D.6. Prepared by:Wendy Ktopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 S SPACE POR R om:14o 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 Jorge A Flores & Damarys Perez to COLLIER COUNTY, recorded on 10/06/2000 in Official Records Book 2729 Page 2597,of the Public Records of Collier County, Florida,securing a principal sum of$25500.00 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 - e,,.r` : 2016,Agenda Item Number KO tP ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,:FLORIDA By: By: DEPUTY CLK Chairman Donna Fiala,District 1 Commissioner Approval for form and legality: Jennifer A.Belpedio OS) ,-‘`\CP. Assistant County Attorney ce , to Packet Page-1116- �' Ihursday.JaaaaryIS,199/01:U11:11 AM 6/28/2016 16.D.6. • . 2148132 a-. 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P1.ks NO.: 0939.03*961054N *** UK: lai Y(i: un 1 A FULL LEGAL EXHIBIT A Unit No. 403, PHASE I, SPRINGWOOD, A CONDOMINIUM, according to the Declaration of Condominium and exhibits thereof recorded in Official Records Book 1088, Pages 1564 through 1652, inclusive, as amended in Official Records Book 1104, Page 2389; Official Records Book 1150, Page 792; Official Records Book 1305, Page 1287; Official Records Book 1322, Page 1431; Official Records Book 1426, Page 55; and Official Records Book 1443, Page 1507, all of the Public Records of Collier County, Florida. 7,--;:isE,R � e --1\----' \V\/7 \ ----... I Tat_ , ) .7) L iS 4TE CIS. Packet Page -1120- INSTR 4353751 OR 4502 PG 197 RECORDED 10/20/2009 3:06 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 6/28/2016 16.D.6. OBLD $0.00 OBLI $0.00 • ice\ SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")is given on LS day of S L.f1\c r 1(jey ,2009. The Second Mortgagor is: Darline D.Blavette,a single Cwoman ('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 Three Thousand and 00/100 Dollars ($3,000.00). 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. As more particularly described as Lot 3,Block 13,Naples Manor Ext,Collier County,Florida and which has the address of: ('Property Address"): 5482 Martin Street, Naples, FL 34113 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,subject to any-encumbrances of record. THIS SECURITY INSTRUMENT combines uniform edvar t o n"lUsse and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument coy gge�'�A/\ UNIFORM COVENANTS. Borrower and Le errs�rfant and agree as lqw .\ 1. Payment of Principal and Interest;Pr payment and Late Charges. Bo tr shall promptly pay when due the principal of and interest on the debt evidenced by the Note. � \ 2. Taxes. The Mortgagor will pay all taxes,aBses5fff5ts,sewerrentsdrrwater ra s prior to the accrual of any penalties or interest thereon. / 1_,,,--\ , \ The Mortgagor shall pay or cause to berpai4a sa reSpe '(i"•. • d888?(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully a essed v Iewed agai st• w'h e .e4t to the(Property,(2)all utility and other charges, including"service charges",incurred or imposed for t oQera,`pn,Enamtenen.t, se, r any upkeep and improvement of the Property,and (3)all assessments or other governmental charges�h .�ayjav)fully-ble-i-ib i ' stallr is ovbf'Bperiod of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to bo"p 'd only such installments\a are require 4klae paid during the term of the Mortgage,and shall,promptly after the payment of any of the for ,ng,forward to Mortgagee e` ence of chj ayment. 3. Application of Payments. Unless ap b(e law provides otherwis, p yr ee ceived by Lender shall be applied;first,to interest due;and,to principal due;and last,to any la rges due under the Note. 4. Charges;Liens. Borrower shall pay all ta-�s e�ssments,charges,fi e n3• positions attributable to the Property which may attain priority over this Security Instrument,and leaseho d, phis,r p qroundrf�p Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and al}}}recetptd ie cid glhcp ents. Borrower shall promptly discharge any lien which has'On over-teriaecurity 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 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 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 nr r Pnrh.r.qxPnurit,/intPrPct Rnrrower shall also be in default if Borrower,during the Packet Page -1121- OR 4502 PG 198 6/28/2016 16.D.6. • 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 sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall aid-to-Borroweer. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking'V?Rtt( ftl e mount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing o/u'nl�s,a Tieabletew er ise'Rrovides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the,$)syur�qN. hen due. Unless'Legder�rd Borrower otherwise agree in writing,any application of proceeds to principal shall not extend ofpbstpone the due date of the moult y payments referred to in paragraphs 1 or change the amount of such payments. / // 11. Borrower Not Released,Forbearance B�Lt Nota Wafver EXtension f thelime for payment or modification of amortization of the sums secured by this Security'Instrfiment grante byfte der to any successor in interest of Borrower shall not operate to �._., release the liability of the original Borrower or Bofrowei sy3e s int errrder� of be required to commence proceedings against any successor in interest or refuse toextend t e or p m nt pr qt`e e odic ization of the sums secured by this Security Instrument by reason of any demand made by t original Barr we orfBo •w- sucissprs i int{{rest. Any forbearance by Lender in exercising any right or remedy shall not be a wai cep o e r el- -ur. "•f�Aghtlor r r`8 y. 12. Successors and Assigns Bound;1J to and Several Liability; Signers. The cvenants and agreements of this Security Instrument shall bind and benefit the successors and,a igns of Lender and Borrou�e,r,sribje to tVe Provisions of paragraph 17. Borrower's covenants a reements shall be joint td se'ier I3r y Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-'' nglthis Security Instrument o'Iy' rnoofttgage,grant and convey that Borrower's interest in the Property under the terms of this Security lnstru ente-82 ' not personally obligat��o p 9 the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may''aag �o�.,_ d,modi fo ea'iso ake any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowe co1Ss�Qt_ (-IR 6„ 13. Loan Charges. If the loan secured by this Securi entklirbject 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 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 Packet Page -1122- *** OR 4502 PG 199 *** 6/28/2016 16.D.6. • 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,"attomeys'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 Ride J?lanned Unit Development Rider ❑Other(s)(specify Vvtr R 0(11> N SIGNING BELOW,Borrower accepts and agrees to a ss and covenants containedi this curity Instrument and in any rider(s)executed by Borrower and recorded with it Signed,sealed and delivered in the presence of:/ i4 -- A Witness#1:(OA ern/C 6-c.4, 1�s ena •_.�0111, I „�i t C�� rr r , at�i eD. Blavette Signature: �� S' / �v Witness#2: �O1A1O 17t.- Signature: Co-Borrower',' ((S,ruf Signatures/ /el'/ 7 4 titin Street F t4 C+ • es, Florida 34113 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 Darline D. Blavette 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 forfothe purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this 01- 'lJ d of •Gt., ,20011 My Commission Expires: `spy 1 OA rhq� ��. ...s .... t. Kptaty Public's Signature -fe% (Seal) :1.Q.�jO'CAA Y'•..��: • C)O' CG-" n m,vow 01 Notary's Printed Name 7-2 August 29,2010 E No.DD 590336 C� File#: 09-172 • Packet Page -1123- Reco,d and Return To: Law Offices of David J.Stern,P.A. 6/28/2016 16.D.6. 900 S.Pine Island Rd.,Ste 400 Plantation,FL4G,;0GnS? SECOND MORTGAGE 4192326 OR: 4380 PG: 2293 OBLD 20700.00 Retn: OBLI 20100.00 DAVID J STERN RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REL FEE 00.00 900 S PINE ISLAND RD #400 07/22/2008 at 03:13PM DWIGHT B. BROCK, CLERK DOC-.39 72.45 PLANTATION FL 33324 THIS SECOND MORTGAGE("Security Instrument")is given onOtjZq',2008. The Second Mortgagor is: Karen M. Brett,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 Thousand Seven Hundred and 00/100 Dollars ($20,700.00). 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. #103, OR Book 1837, page 1912 As more particularly described as Pebble Shores A Condominium Bldg 11 Collier County,Florida and which has the address of: ("Property Address"): 156 Pebble Shores Drive Unit #103, Naples, FL 34110 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-ser: of thOstate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumberetip rten ces of record. Borrower warrants and will defend generally the title to the Property against all claims and demar 5,44,bl''1tu any encuhiiar V.e14 record. THIS SECURITY INSTRUMENT combin stuhaiform covenants for nation'al,`us�a non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrufnerAvering real property. UNIFORM COVENANTS. Borrower and Leridrrr coven and areas follows: 1. Payment of Principal and Interest;PiepayinetlL,and Late C iArcjes. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. i / 1,---" ) t 2. Taxes. The Mortgagor will pay ll t ',p"s n Sewernt rrates prior to the accrual of any penalties or interest thereon. I LI ( t hi lif The Mortgagor shall pay or cause to paid�,as)lr sam r ge tvely bec*onte dye,,,( )(1)all taxes and governmental charges of any kind whatsoever which may at any time be la l lfu�lli�assa essSedbwTw age t or Wit -r speo`tta°the Property,(2)all utility and other charges, including"service charges",incurred or imposed for the operation,maintenance,use occ pa upkeep and improvement of the Property,and (3)all assessments or other governmental chat i at may lawfully be paid,iI stal me , i6r a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause t 1 ', 'd only such installment a a �.iu ed to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the fo rng rward to Mortgagee evi n¢e,o uch payment. 3. Application of Payments. Unless ap 43,910 aw provides otherwj,Se\ I(p yf tints received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any lat tfarg 'tiue•under-the"N6te.y "/ 4. Charges;Liens. Borrower shall pay all taxe'sNasaki re Its;i ira slhes and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments-or-g 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 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,damag • ' ' - - •e Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture<Packet Page -1124-it or criminal,is begun that in Lender's good faith OF. neon nn. ')')OA • 6/28/2016 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 ice\ information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrowers 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 Lenders 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 Lenders 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 Lenders 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 secure` -this.$, curity Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of he su -e« lately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any baja "*Mil- e.'• e In the event of a partial taking of the Property in which the fair market value of the Property immediately bef6 along is less than . •t of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in wr'l€9, a unless applicable law oth- s" rrovides,the proceeds shall be applied to the sums secured by this Security Instrument whether or pot the'su ms are then due. Unless Le •er attd Borrower otherwise agree in writing,any application of proceeds to principal shall not extend fir p utpone the-due-datero(the mo (hly payments referred to in paragraphs 1 or change the amount of such payments. 7!!! `" \ \ 11. Borrower Not Released,Fortbeara .be t • rrsrA of the time for payment or modification of amortization of the sums secured by this Sedur ty st m ° g n L= t a t�chsesso',r in interest of Borrower shall not operate to release the liability of the original Borrower of Bo bw sc td in Int. 'rr stall ndt be required to commence proceedings against any successor in interest or refuse t4 ext.?' ti �4yr�t t of o•erwise •r ify pvortization of the sums secured by this Security ' Instrument by reason of any demand made byn Borrower or:o .,:ers s .-srj interest. Any forbearance by Lender in exercising any right or remedy shall not be a y,. of or preclude the exercis of ani right,,,,br)ryra�medy. 12. Successors and Assigns Bou Ibt and Several Liabili 1y oS,gnet'scfhe covenants and agreements of this Security Instrument shall bind and benefit the successors arpd assigns of Lender and Borrower subject to the Provisions of paragraph 17. Borrower's covenan &nd�gt(eements shall be joint a es ral. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is `pj g this,Security Instry nt'cn o mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrum t;( s Q 1'o st afed to paythe sums secured bythis SecurityInstrument; and(c)agrees that Lender and any other Borrower mayag e ekterid, NW-forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers 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. Borrowers 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 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. 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. Borrowers 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 -1125- • *** 0 6/28/2016 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 El Rate Improvement Rider ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider ' e CR. �❑Second Home Rider ❑Balloon Rider ❑Biweekly Pa a , Unit Development Rider ❑Other(s)(specify GQ • SIGNING BELOW,Borrower accepts and agrees to' tem11mpg covenanfrtto-ntained in his Security Instrument and in any rider(s)executed by Borrower and recorded with it Signed,sealed and delivered in the presence If: j VYdness#1: C. n ", ;I Borrows area #. Brett Signature: E1LE1J • A LLE • 0 Witness#2:40uti 6.!../AX-03 • Signature: Signature: K�}TN l EEIV 60E~ Q� Co-Borrowert 1IE c � - . 56 Pebble Shores Drive Unit 103 Naples, Florida 34110 STATE OF FLORIDA COUNTY OF Cil uEt 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 Karen Brett 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 ou day o� n� hof � ,20 . G1� My Commission Expires: ✓ G• y Notary.Public's Signature A (Seal) . tt Notary's Printed Name Pio D K CE D Fir D R I V ERs ,41111u1uJ41.0.r'/ 410EUSE 45 IDe'aTrGrckTtc/J. f�ssioN am• ;•r,00muer23 q�; moo•; #00353679 Boa File#: 08-0438 :oe / einin Viso%``\\\ Packet Page -1126- Retn: 4273578 OR: 4436 PG: 2395 6/28/2016 16.D.6. SECURITY TITLE & ABSTRACT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FLOBLI 2704.00 6360 PRESIDENTIAL COURT #3 03/19/2009 at 10:40AM DWIGHT R. BROCK, CLERK RIC FEB 27,00 FT MYERS FL 33919 DOC-.35 9.80 SECOND MORTGAGE 'Ztct mb-11-r- 31St" THIS SECOND MORTGAGE('Security Instrument')is given on., .+k6. ,2008. The Second Mortgagor is: Eliabel Brito and Silvia Brito,a married couple ('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 13. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Two Thousand Seven Hundred Four and 00/100 Dollars ($2,704.00). This debt is evidenced by Borrowers 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 payableon sale of property, refinance, or lose 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 irterest 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,grantand convey to Lender the following described property located in Collier County,Florida. As more particularly described as Golden Gate,Unit 7,BLK 238,LOT 22 OR 1232,PG 934 Collier County,Florida and which has the address of: ("Property Address"): 5071 32od Ave SW, Naples, FL 34116 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 SfibralffikWres now or hereafter a part of the property. All replacements and additions shall also be covered by the Security tgstrti lc hof ire fpFirgornQQ eferred to in this Security Instrument as the'Property". BORROWER COVENANTS that Borrower is say;. •alie'estLt9 rrfby onveyed and has the right to mortgage,grant and convey the Property and that the Property is yl except for enciThrbranccft5 i}t rd. Borrower warrants and will defend generally the title to the Property against all claims a subject to any encumbranc (,fr o THIS SECURITY INSTRUMENTrc� bi uniform covenants for national us d nonuniform covenants with limited variation by jurisdiction to constitute a uniform security'instru ent covering real property. 4 UNIFORM COVENANTS. Borrower and+Lender covalent and a eefollows: 1. Payment of Principal and interest;Patpaympt and Late O' .Borrower hall p mptly pay when due the principal of and interest on the debt evidenced by the/Note. ' "‘ ,^'".+ 2. Taxes. The Mortgagor will pawl s sever r ynor to the accrual of any penalties or interest thereon. �` The Mortgagor shall pay or cause o paid, s t� sa a Iles I ec e , ,(P1x1)aril taxes and govemmentabharges of any kind whatsoever which may at any time be; ly as a or levieda' . or with\i sp t to the Pr e including"service charges',incurt "�c P rty,m)ail utilitymand otherPcharges. rg ring ed rjFeperat ,rfain,en: ce,use, ccup nc p and improvement of the Property, and(3)all assessments or other go m in ebta rges tha'rmay°fa •:`,,:aid in iristbatiments.oeej a)period of years,the Mortgagor shall be obligated under the Mortgage to pay r,cau to be paid only such instdlmen j s are r uiredio id during the term of the Mortgage,and shall,promptly after the payment of a foregoing,forward to Mortgagee enc of syCh„�ayrent. 3. Application of Payment ,,;pie applicable law provides othervv ll p mehrecerved by Lender shall be applied;first,to interest due;and,to principal due;and las(;'o,ia late charges due under the N t . r' 4, Charges;Liens. Borrower shaltrpay I taxes,assessments,charges,fi n&j ppositions attributable to theProperty which may attain priority over this Security Instrument, id s rigid payments or ground rents ar. Bof)ower shall promptly furnish to Lender all notices of amounts to be paid under this para ph and a eceipts evidencingahB err s' Borrower shall promptly discharge any r?whic `its f is S13 r(sirument unless Borrower(a)agrees in writing to the payment of the obligation secured by the lien in`trjann ct9ptabte po er,,(bj contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in!he't i s-op!nion„gpsrate 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 Se:urity 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 moreof 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 Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lenders 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 pemiums 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 boler 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 receips 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,hsurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders 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 Properly,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. The30-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 theamount of the payments. If under paragraph 21 the Properly 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 securedby 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 Borrowers 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 Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or Commit waste on the Packet Page -1127- OR: 443 6/28/2016 16.a6. 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 otherwise materially impair the lien created by this Security Instrumert 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 Borrowe'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 irwriting. 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(suchas 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 mayinclude 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,Lenderdoes 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 Secuity 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 obbin 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 subiantially equivalent mortgage insurance coverage is not available.Borrower shall pay to Lender each month a sum equal to onetwetfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effort. 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 leu 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-thesums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower, In the event of a partiaTtakir)g fqthe'Property�'lnswhich the fair market value of the Property immediately before the taking is equal to or greater than the arpduntt;�of t% suln secured' .fi this eegrity Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing; ‘ugts''Seetlred by this Int$ ' t shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total,,a ie ntof the sums secured imme ' beforethe taking,dividedby(b)the fair market value of the Property immediately before the taking,+��A��,ny balance shall be paid to Borrower. ant of a partial taking of the Property in which the fair market value of the Property immediate7y.before the taking is less thanthe amour pf the sums secured immediately for the taking. unless Borrower and Lender otherwise,agree `wfiting°oruntess applicable law otherwise vides,the proceeds shall be applied to the sums secured by this Security Instrument whether not „,sorts are'fhen t uiui Leis Lender a Borrower otherwise agree in writing,any application of proceeds to principal shall not/extend or post rine , e date of tt,a monthly p yments referred to in paragraphs 1 or change the amount of such payments. I I \ \ 11. Borrower Not Released,F ar, -r t er. en on. he time}for payment or modification of amortization of the sums secured by this ` ritti Ins a gr to L ter a s sso`r in interest of Borrower shall not operate to release the liability of the original Borrower; r Berrower s su ces ors n nt Len•,r s7-II n be required to commence proceedings against any successor in Interest or`refuse tQ,ex nd ag fo pa m t,ytr o rwise middy'.mo 'olio(the sums secursl bythis Security Instrument by reason of any demand xnad oy° '`inaT'rrror'.Sorlowers sut •'. i i rest. Any forbearance by Lender in exercising any right or remedy shall a waiver of or preclude the exer of any n ht or re y 12. Successors and Asst ound;Joint and Several Liabili , oSignrs. T°ecovenants and agreements of this Security Instrument shall bind and benefit the suucce strs and assigns of Lender and r,sill* toltte' Provisions of paragraph 17. Bc rowers pine is and agreements shall be join,and seve 04pyiittorrower who cosigns this Security Instrument but does not execute the Not signing this Security Instrument anti r tortgage,grant and convey that Borrowers interest in the Property under the terms of this Sec I ent;(b)is not personally obligatedto ache sums secured by this Security Instrument; and(c)agrees that Lender and any other B jraay agree to extend,modify r Make any accommodations wittregard to the terms of this Security Instrument or the Note wn. at'Boitowef'.a.consent' � ✓ 13. Loan Charges. If the loan secured by,mis. instru�T s ubj ct a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan- .collected, ,be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the a rftountmeCe"ssary to reduce the charge to the permitted limit;and(b)any sura 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 pargraph. 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 conflits 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 b 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 issold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written consent.Lender may,at its option,require immediate payment in full of all sums secured by this Secuity 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 shal 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 mayinvoke 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 judgmet 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 ageements;(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,Lenders 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 I 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 Instrumett)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 manges 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 -1128- *** OR: 44' 6/28/2016 16.D.6. paragraph 14 and applicable law. The notice will state the name and address ofthe 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,orrelease 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 gwemmental 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 applicablelaw 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 tocure 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 nonexistence 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 notis, 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 inured 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 S3curity 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 aw agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improv ,,r—at a minium Rider ❑Graduated Payment Rider El Fami1�-Ri r. }f econd Home Rider ❑Balloon Rider ❑B.r.r'�rl' `,•nt Rider ` ff�Ugj eveiopment Rider ❑ Other(s)(specify t '� SIGNING BELOW,Borrower accepts_and ag to s a cove .fined in di:Secu Instrument and in any rider(s)executed by Borrower and recorded with it. j/ Signed,seed and ivered in the preC se •f • I} ,a �I ear Wtness#1: Zr Sl.n to • Ir `q ++/ -••rcp i Signature: 'II–I' ter ' is , Witness# . _ice tri, Signature: Co-Borrowa)jr a-_to Signatu �� /( -711-E 1Ave SW Florida 34116 STATE OF FLORIDA COUNTY OF('ii ! IFS 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 Ellabel Brito and Silvia Brito 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/ I day of .,(1 rr'rh I,20,0 : My Commission Expires:10-a2-11 \(X}Lh (_ _ ?\\E)Cri) (Seal) Notary Pu��d¢_Si�natu g� Seal �j atd 1 /k Notary's Printed Name File#: 09-070 SARAH ARNOLD ", rc"'s Comm#DD0721484 qtirftl. Expires 10/2/2011 ;; OFP— Florida Notary Assn..Inc ti • ^mmcra Packet Page -1129- INSTR 4988040 OR 5042 PG 421 RECORDED 5/29/2014 7:48 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 6/28/2016 16.D.6. DOC@.35 $70.00 REC $44.00 OBLD $20,000.00 Prepared by and Return to: Collier County Housing,Human and Veteran Services Department 3339 E.Tamiami Trail,Building H,Suite 211 Naples,Florida 34112 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SECOND MORTGAGE da b f'� THIS SECOND MORTGAGE("Security Instrument")is given on �3 f CJ ,-29{3-The Second day of ` Mortgagor is: Orlando Lopez Capaz and Varinia Agra Calvo, a married couple ("Borrower"). This Security Instrument is given to Collier County- SHIP ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3339 E. Tamiami Trail, Naples, Florida 34112. Borrower owes Lender the sum of Twenty Thousand and 00/100 Dollars ($20,000.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which does not provide for monthly payments.The full debt,if not paid earlier,is due upon sale of the property within the fifteen year term.If sold after the fifteen year term,no repayment is required.As long as the borrower continues to own and occupy the assisted property during the term of the mortgage,then the loan will not have to be repaid. 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:GOLDEN GATE UNIT 2 BLK 4 and which has the address of: ("Property Address"): 4413 17"' Place SW �TA''N FL 34116 (Address) ,0';',./- (City) \,,.r�''ts� (State) (ZiP) TOGETHER WITH all the improvemen}}� nov�y ereatter,erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profts,rvatef'rigl d stotk"and-all-fixtures now`or hereafter a part of the property. All replacements and additions shall also be covered by the Security fFrstrument. •the foregoi is referred to,in this Security Instrument as the"Property". Pr s� �� �erebyononve ed and has the right to mortgage,grant and BORROWER COVENANTS that BoFrow ff) 11 r f , Y convey the Property and that the Property is ynenc bhre xoe t fo e c br-n s Cord.;Borrower warrants and will defend generally the title to the Property against all claims and ema'ds sub' ct to any an o rec rd. THIS SECURITY INSTRUMENT co r 6i qve cots •r utional,se nc don niforn covenants with limited variation by jurisdiction to constitute a uniform security instri�rTle t covering real property. i i UNIFORM COVENANTS. Borrower a�r�d.'L nder covenant and agre foll9ws: ;,, 1. Payment of Principal and Interest•Prov ayment and Late Cha r.. 9orr^we all promptly pay when due the principal of and interest on the debt evidenced by the Note. \j--. / 2. Taxes. The Mortgagor will pay all tax s ments,sewer rents or atter'f es prior to the accrual of any penalties or interest thereon. � The Mortgagor shall pay or cause to be paid,a tt e the(re�sdpegqttI�I,¢Bcco e due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed br Id agaFn t - th respect to the Property,(2)all utility and other charges, including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and (3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late charges due under the 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. ed to restoration or repair of the Property Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be app /...-\ 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 tt•^-••'•-^^^''" .,h.,•h;<c.",..it‘,Instrument immediately prior to the acquisition. Packet Page -1130- DL OR 5042 PG 422 6/28/2016 16.D.6. • 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 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 agr met) Xe ower and Lender or applicable law. 9. Inspection. Lender or its agent may makeo n- g tyles nspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifyi flbte"cause forthe it ,'on. 10. Condemnation. The proceeds of an 'or claim for damages fi c 'consequential,in connection with any condemnation or other taking of any part of the Property,or for nv�Cyance in lieu of condemnation, a het eby assigned and shall be paid to Lender. In the event of a total taking of the Property,the prose ds shall rB ap)5 to the su secure \by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the even of a yfartia faM-a of the Prope y)in whichlhe fa iir market value of the Property immediately before the taking is equal to or greater than the amdu t e s ec -• • this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writir{g,th" u s r py hid-[you' In ent shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total am}untiof th-su ns Se. redildn_,pre t before the taking,divided by(b)the fair market value of the Property immediately before the taking. en, .al.n/. all p.djtrorrow . I the eve't of a partial taking of the Property in which the fair market value of the Property immediat I,y ta• ,. ee-t the t of1te�ums secured immediately for the taking, unless Borrower and Lender otherwise agree i \w)t g or unless applicable this otherwise r$Viq'es,the proceeds shall be applied to the sums secured by this Security Instrument whether or of sums are then due. U.`•=•-L=idorrower otherwise agree in writing,any application of proceeds to principal shall not exteod"tit ostpone the due date of•e o/bly� yments referred to in paragraphs 1 or change the amount of such payments. �'6 `..J 11. Borrower Not Released,Forbearr nc j nder Not a Waiver. �i n of the time for payment or modification of amortization of the sums secured by this Security Inst nt -'Med.by-Le Flo*s0ccessor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's s ' it irittip5t-,�.e der shall not be required to commence proceedings against any successor in interest or refuse to extend time for pa menter-other ise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,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 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 Packet Page -1131- 01, VA- OR 5042 PG 423 6/28/2016 16.D.6. 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 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 cos , r., 23. Attorneys'Fees. As used in this Security trJrrGerd c N eT eys'fees"shall include any attorneys'fees awarded by an appellate court. 24. 24. Riders to this Security Instrument/tt[tbel more riders are exec fi rrower and recorded together with this Security Instrument,the covenants and agreements of each sut�der shall be incorporated in and Shall amend and supplement the covenants and agreements of this Security Instrument as if the der(a'j were a parvo his Sec ity Inst ent\(Check Applicable Box) I / i P ondo�inium Rider ❑Adjustable Rate Rider ❑Rath Impr t ri 0 Graduated Payment Rider ❑1-1iFay Ider / f d Second Home Rider I ❑Balloon Rider 0 B' eek a m R,i er Q Panned Unit Development Rider 0 Other(s)(specify � 'w • 1 r. J SIGNING BELOW,Borrower accepts and agree erns and covenants c•n piped t Security Instrument and in any rider(s)executed by Borrower and recorded with it. r Signed,sealed and delivered in the presence of: .2"IE C V"(;�\- � s • , Signature: Signature: l►!<� / 1� / Borrower Orlando Lopez Capaz Co-Borrower Varinia A. - - vo Address: 4413 17t1 Place SW Naples, Florida 34116 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that, Orlando Lopez Capaz and Varinia Agra Calvo ,personally appeared 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. !3 / 00(U WITNESS my hand and official seal in the County and State aforesaid t '= cra •• of ,2015-.My Commission Expires: /�/^1l z to. (Seal) 1�--...."'"'"11"..........1.s— Notary Public's Signature Frances S.Legdan `, " • o!aryPublicSlate Flontla r ,-antes S Legdan Notary's Print ed Name 3 i Commrssirn EE15H54a5a i vprres 01/1E7016 SHIP File!!: 12-043 SHIP Purchase Assistance Program Packet Page -1132- oR 5042 PG 424 6/28/2016 16.D.6. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM PROMISSORY NOTE Borrower: Orlando Lopez Capaz and Varinia Agra Calvo 4413 17th Place SW Naples, F1 34116 (Property Address) (City) (State) (Zip) 1. BORROWER(S) PROMISE TO PAY: I/We promise to pay Twenty Thousand and 00/100 Dollars ($20,000.00) (this amount will be called "principal") to the order of Collier County-SHIP or to any other holder of this Note (the "Lender"), whose address is 3339 E. Tamiami Trail, Naples, Florida 34112. 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: Payment in full is due upon sale of property within the fifteen year deferred payment loan. If sold after the fifteen year term, no repayment is required. As long as the borrower continues to own and occupy the assisted property during the term of the mortgage, then the loan will not have to be repaid. My/Our total payment shall be U.S. $20,000.00. 4. BORROWER'S RIGHT TO PREPAY: s ,, ALI,- 'ght to make payments of principal at any time before they are ;u� : ► . •f principal only is known as a "prepayment". When I/We Q - prepayme - .- will tell the Note Holder in writing that I/we am doi•g 4' I/We may make a full • ep. _.r •repa ent charge. The Note Holder will use all of my prepa ent- to re.-c- . e am.unt 0, t - principal that I owe under this Note. If I/We -ke '•7 , t.- e '11 be no changes in the due date or in the amount of 3j� ,. • e• e ote Holder agrees in writing �� to those changes. I I `�-..r`.a - t, there will be no prepayment penalty adhering to o ('-s. le. �• pr..a: -,rt-4 ri 5. LOAN CHARGES: If a Iii which applies t��,�`(.th ... and which sets maximum loan charges, is finally in I• -ted so that th 1.!nt- - f --r other loan charges collected or to be collected in tion with this .-. e eed the permitted limits; then (i) any such loan charge Q be reduced : t amount necessary to reduce the charges to the permitted • , ^ s already collected from me which exceeded permitted limits wil •- •:. tutld • e/us. The Note Holder may choose to make this refund by reducing t - - . that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Deed of Trust and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Deed of Trust, curing defaults by the Borrower under the First 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 Property 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. BORROWER(S) FAILURE TO PAY AS REQUESTED: r (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 1 L Packet Page -1133- '/ - *** OR 5042 PG 425 *** 6/28/2016 16.D.6. / prohibited by applicable law and,require me/us to pay the Note Holder's cost and e"\ 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. 8. GIVING OF NOTICES: Unless applicable law required a different method, any notice that 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 in 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 s against ech on lly or allaofinst all of the amountsuowedgether.under this1s Note. that any 10. WAIVERS: 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. n � 'nstrument with limited variations in 11. omjurisdictions.SECURED NOTE: This N. ' �_.� , ' n given to the Note Holder under someigIn ad• fir' "9 1, this Note, a Mortgage, D: rust or Sec •eY eed (the "Security Instrument"), e Holder from possible losses dated the same date as t Note, eeotthespro es which I/we make in this. Note. which might result ifu ./we P That Security Instru nt d- '..es how11 o• all nou hts I/we conditions /this Note. required to make immevia - .- pen e•. �'� Some of those conditions Transfer of the Prop,- • te $i .1 ,ntek-s i B•rrower. If all or any part so sferred (or if a beneficial of the propeBor or a. n est i eyer is not a natural person) interest in Borrower old or transfer'. An. B. A its option, require immediate without Lender's prior sret ten consent, Le•+'=. °ay Instrument. However, this Y S: V y paymenttiin full ore calx f - secured r option shall not be exe �-• by Lender if�exe�-i-- is prohibited by federal law as of the date of this Secure +�rument. 1y If Lender exercises this optio er1 d - give Borrower notice of acceleratidate on. The notice shall provide a period • • less than thirty (30) days fy all om msthe secdate the notice is delivered or mailed, within which Borrower must pa sums prior a the by this Security Instrument. If Borrower(s) fail to pay Instrument without further noticemayexpiration of this period, Lender ordemandeonnBorroweres permitted by this Security Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall ppssubject proceedsd rin aaaccordancete to the rights with the of the Firstn Deedlof Holder to collect and apply y Trust. 12. This note is governed and construed in accordance with the Laws of the State of Florida. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (160 /Y. Orlando LopezCa az Date Borrower P Cap az a t Ds 43 / . Co-Borrower Vari is Agra Calvo Dat- (/ '' at- / RETURN TO: Collier County Housing, Human and Veteran Services Department SHIP PURCHASE ASSISTANCE PROGRAM Suite 211 /''''N3339 E. Tamiami Trail, Building H, Naples, Florida 34112 SHIP File#: 12-043 Revised 10/2012 2 Packet Page -1134- INSTR 4489856 OR 4618 PG 1175 RECORDED 10/27/2010 1:23 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 6/28/2016 16.D.6. REC $27.00 OBLD $0.00 OBLI $0.00 SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")is given on It day of CS-0 bcf ,2010. The Second Mortgagor is: Jean T.Cheribin and Immacula Leo,single persons ("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 Three Thousand and 00/100 Dollars ($3,000.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt, if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Lot 11,Regal Acres,Collier County,Florida and which has the address of: ("Property Address"): 10271 Kingdom Court Naples Florida 34114 (Address) (City) (State) (Zip) TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seized cit a estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,,e t r cc�yi s of record. Borrower warrants and will defend generally the title to the Property against all claims and demandsys bjei0, r4h6(a1ipe of record. THIS SECURITY INSTRUMENT combines co enants for na$io �t epod non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrumen r erg real property. �f UNIFORM COVENANTS. Borrower an Len er covenant and agree as foil 1. Payment of Principal and Interest)Pre�pa ent andlate_Charpgs. Bo er all promptly pay when due the principal of and interest on the debt evidenced by the Note. / 2. Taxes. The Mortgagor will pay all taxe -rates p for to the accrual of any penalties or interest thereon. ��( i ti The Mortgagor shall pay or cause to be p d, s th sa a es cti eipm duQQ (A)1)all taxes and governmental charges of any kind whatsoever which may at any time be lav�f}+NNy, 's I v' ei or vn re of fo-the Property,(2)all utility and other charges, including"service charges",incurred or imposed,Co`the eratio , aintena�,us pare'upkeep and improvement of the Property,and (3)all assessments or other governmental cha that may lawfully be paid in'pstall'entsrover/a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to g i only such installment r o be paid during the term of the Mortgage,and shall,promptly after the payment of any of the for '9jn forward to Mortgagees uch payment. 3. Application of Payments. Unless ap'lrca w provides otherwise,all a 'ants received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any Iaaaa.�� s.due under the Note' 4. Charges;Liens. Borrower shall pay all ta1es�as s,, 'ei and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold p or groru ti if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receip s mg 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 reaped 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 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, is interest in the Property or other material Packet Page -1135- OR 4618 PG 1176 6/28/2016 16.D.6. 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 them is a legal proceeding that may significantly affect Lenders 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 Lenders 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 sear-• • -th- tarty Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount oft - 19‘ tely before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balan•-s •- •., c•••• `y, h.the event of a partial taking of the Property in which the fair market value of the Property immediately befog-, ng is less than - ',•• of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in wrjtGurzonless applicable law othe • -el' vides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Len. r an Borrower otherwise agree in writing,any application of proceeds to principal shall not extend og'po kpone the'due-date f1he mont ly pa ments referred to in paragraphs 1 or change the amount of such payments. / r 11. Borrower Not Released,Forbe)aranp n a .of the time for payment or modification of ` amortization of the sums secured by this Security I thane ite biy e r'b\tn~ .•-ssor,in interest of Borrower shall not operate to release the liability of the original Borower or l3o su ors infl a trite •e' sha I notlbe required to commence proceedings against any successor in interest or refuse to irter .r. P� nnrrLt rwise o• atn)ertikation of the sums secured by this Security Instrument by mason of any demand made by gimalborro Tor llorro1ers su••-•• rf interest. Any forbearance by Lender in exercising any right or remedy shall not be a r, f or preclude the exercise f.any "ghf otremedy. 12. Successors and Assigns Boun•t and Several Llabili ,r I.ne :1`T'1e covenants and agreements of this Security Instrument shall bind and benefit the successors n , ssgns of Lender and Bo r bj to the Provisions of paragraph 17. Borrowers covenants rid ements shall be joint and e Bra. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-s ecunty Instru•- I mortgage,grant and convey that Borrowers interest terms in the Property under the of this Security Instrume (b)fe e • db'.f d to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agre- . ., &ear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consen. 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 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. 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 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 c Packet Page 1136-thing affecting the Property that is in violation of any *** OR 4618 PG 1177 *** 6/28/2016 16.D.6. 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 teams,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 Lay(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,"attomeys'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 El Biweekly Pa7‘) P armed Unit Development Rider ❑Other(s)(specify All,, ° SIGNING BELOW,Borrower accepts and agree o t�grmsand_covenants contain-.' this\Security Instrument and in any rider(s)executed by Borrower and recorded with it. ) ----�,�l 1 Signed,sealed and delivered in the presence of: / CI ierrosio.,,,. �. Witness#1 / r6- R ( y ..,A :tit n t„/ .:' tT. Cheribin Signature: Witness#2: 0f _a - I . Signature :....w,... ..-- Co-Borrower mm ro Signature: IIS , rr► F�j£dt§1 C 10271 Kingdom Court Naples, Florida 34114 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 Jean T. Cheribin and Immacula Leo 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 2 z da of akc-caLe r ,2010. My Commission Expires: 00,,,useurs,,,�� . !/ oQ�p,LORq.7, rue. -. �'; '01. PublicsSignat a ll!! (Seal) i C5 0 OTA ,<t.'% 11 7 AIYCOMM.IXPIRES Ora- A nfU- �1� aU9.U,2014 f Notary's Printed Name HIES Inn N14‘4�;�°tj$L1G:\Q OF F1.o- waste File#: 09-292 — Packet Page -1137- 1 2571765 OR: 2623 PG: 22" Rein: 6/28/2016 16.D.6. ACtIOE !ITU C0 RECORDED in the OFFICIAL RECORDS of COLLIER COU _. .... ..__._- PICK OP 12/21/1999 at O2:I1PR HIGH! I. BLOCK, CLIEK RIC FBI ISM DOC-.15 11.50 SECOND MORTGAGE ` "be t.• 3 THIS SECOND MORTGAGE("Security Instrument')is given on November ,1999 The Second Mortgagor is. Fatima Elsayed, A S 1NGLE WOMAN ('Borrower). This Security Instrument is given to Collier County ("Lender").which is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive, Naples, Florida 34014 . Borrower owes Lender the sum of Five Thousand and No/100ths Dollars(U.S.$ 5,000.00 ). 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 Niftier.due and payable on sale of property, refinance, or lose 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 Lot 22,d1k 35,Golden Gate Unit 2 and which has the address of. ("Property Address"): 4401 18th PL SW Naples, Florida 34116 la n MOM car, 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 addtlorm shah 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 - cowry 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 combines uniform covenants fix national use and non-uniform covenants with limited variation by Jurisdiction to eorstkute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covsnat3t u>lagi falows: 1. Payment of Principal and Interest;prepsyr `' Ct"'•"'4.1-,:::\ t Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. ! ,i•••-;:--------------... 1 .-,\ 2. Taxes. The Mortgagor will pay all assessments,sewer rents or ateO rates prior to the accrual of any penalties or interest thereon. { The Mortgagor shall pay or cause to¢ee paid,attWriisme._re_s _vely_beccme ue,(AXI)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully arssesif8cHejevied agairiSTorWith respect to pe Property,(2)all utility and other charges, including'service charges",Incurred or imposed inttot int.r n e, s occu ncy,upkeep and improvement of the Property, — and(3)&11 assessments or other government.l •., tine` I.,'ki Is over a period of years,the Mortgagor shall be ooiga ted under the Mortgage to pay or ca to i paid• s h i tall.7._54 a\e r quued to be paid during the term of the Mortgage,and shall,promptly after the payment of any of tri ,�( • f• a to .evict ce of s ,h�paynwnt. 3. Application of Payments. Uniaas ' ' • ° r. •.!,.• `i is*, payor ,received by Lender shall be appiied;first,to rawest due:and,to principal due;and last,toga nY to charges due under them: te. I. •,itions attributable to the Property which may Charges;Liens. Borrower etas peel taxes,assessments,char Yin Pe Y attain priority over this Security Instrument,and* payments or ground-Alit :• rower shall promptly furnish to Lender all notices 'au of amounts to be paid under this paragra ,a7r receipts evidencing thtis. Borrower shall promptly discharge any Ii priority over this =, its -{rument unless Borrower:(a)agrees in writing to the payment of the()Washed secured by the lien in a ll0ePlable_laLe •,...Iti .. tests in good faith the lien by.or defends against enforcement of the lien In legal proceedings which in the lieu nn�torh. i event the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender s itq'ptttatty"tl..Lento 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 Burrower 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. Huard 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 etas 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 asks 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. As insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shalt 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. Ilcaton,Leaseholds. Borrower shall 8. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan App 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 —"—'Action Title="' 3793 Tamlami Trail N. Nap's.,FL 34103 t u Packet Page 1138 . OR: 2623 Phi, GL►U • 6/28/2016 16.D.6. 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 otherwise materially impair the lien created Dy 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 Lenders 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 I from Lender to Borrower requesting payment. 1 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 evadable,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 ehali 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. 0, Inspection. Lender Of 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 tor 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 convoyanc je er tq t are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shtitL,.z;•-1: ui.- tfm4 by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of aP� '•..o the Prope a fair market value of the Property immediately before the taking is equal to or greater than the an( t sums secured by this u 4 trument immediately before the taking,unless Borrower and Lender otherwise agree in writing,tI a sucured by this Security Inst t`shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total an1ou9t of he sums Immediately*ore'the taking,divided by(b)the fair market value of the Property immediately before the taking. ,Any bale n hf ae•Pe Rieke) oi.er. In the event of a partial taking of the Property in which the fair market value of the Property imrnediatily bee. :. ,_ -ki '' r-. he mount of'the sums secured immediately for the taking. rile o�ides`the proceeds shall be applied to the sums unless Borrower and Lender otherwise agree jn wri. ,i., , s secured by this Security Instrument whether not, e turns he L d ra Borriower otherwise agree in writing.any �� application of proceeds to principal shall not -1 • •^t.• f hieroger) t=;•f the t)�ly�p ern is referred to in paragraphs 1 or change the amount of such payments. • u 11. Borrower Not Released,F• • i By Lender Nota Wily T,.Ext soon ime for payment or modification of amortization of the sums secured by this Sec • ment granted by Lende any�suc••• •i in interest of Borrower shall not operate to release the liability of the original Borrower or Born•. = successors in interesl?Fr I ,• be required to commence proceedings against any successor in interest or refuse to ext, •'I or payment or otherwise d amdrtization of the sums secured by this Security Instrument by reason of any demand made by the• ..i0J;'•.ower or Borrower's Or in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver o • ¢recf .: n htor remedy 12. Successors and Assigns Bound;Joint '• hl FU • The covenants and agreements of tnis Security Instrument shall bind and benefit the successors and assigns o : •er er,subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Properly 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;beverabllity. 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 taw,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. Borrowers 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. It 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 Packet Page -1139- •• www �� • OF 6/28/2016 16.D.6. 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 attorneys 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 arid 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 Nolo;Changs 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 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. tf 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 v 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 "3 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 a� in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall - furter 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 foreciceure-ifihe..rlefault is not cured on or before the date specified in the notice, I Lender,at its option,may require immediate payment in fel4 s u("e ikby..tthr Security Instrument without further demand and may foreclose this Security Instrument by judicial proceedinng: Il-be-erti"t"tfleedd eqt all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not li� ble attorney's a �,r...�o.ats of the title evidence. = 22. Relsasi. Upon payment of all sumg'sic1��f by this Security Instrumen condo shali release this Security Instrument,without e + ,to Borrower. Borrower shall pay any rectirdat' A. 23. Attorneys'Foes. As used in this,'Secufity 1 _nt YRflhallol.Wattorne 'fee5"shall include any attorneys'fees awarded ye 5 an appeliate court. t "\ 1 e 24. RIders to this Security Instrument. -.-7:-.4 mare-edam. .i:• 'a;owe\and recorded together with this Security "r Ed trument,the covenants and agreements of eacftl ••-,7;1,1 t e i .t • .to-. •s .11 amend and supplement the covenants and 1.0 I- reements of this Security Instrument as if t rid: wer:-p{tA¢f t : ••ity I .tru :n ,(C eck Applicable Box) e + Adjustable Rate Rider -e Improvement•id j.-. r inium Rider too +-+ .-. Graduated Payment Rider -' -4 Family Rider .. •Home Rider .-+ Balloon Rider + H - ly Payment Rider �, "-nned Unit Development Rider +-+ Other(s)(specify ^y, C�l- (SIE CIll- SIGNING BELOW,Borrower accepts and agrees to the terms a • . _ - - -• tamed in this Security Instrument and in any nderis)executed by Borrower and recorded with it. Signed,s encs of: Witness — Signature: L.. 1_S ct41 '.- . F tic M. 84fnla Borrower Fatma Elsayad Signature: � Witness 1✓+1 da '�F Signature: _ Signature: OF�A L .�•.,L, Co-F. Borrower Address: 4401 18th PL SW. Naples, Florida 34116 STATE OF Florida COUNTY OF CO<<<PX 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 Fatma Elsayed to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(Het she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and Sta b - I'7aay of_ }-o e-c e-,d�'19 1' My Commission Expires: v`.td t3u;p;.. 1.'i Notary Public's ignature ',,;';......... (Seal) _ rrlc M. QOrgiB 7 ;'au Notary's Printed Name '��' ti4" ,• ' $ ,: KC bg37 i. Packet Page -1140- c,,,,'0'0,,`'`',--1N�t`\`\` 6/28/2016 16.D.6. EXHIBIT "A" LOT 22, BLOCK 35, GOLDEN GATE, UNIT 2, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 5, PAGES 65 THROUGH 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CO '- I. COO C)0 41.11, c] a te- 74.4, -?4k,j • ® , / w TIE C 10V1 1 N of a* Packet Page-1141- INSTR 4482087 OR 4611 PG 2198 RECORDED 10/5/2010 12:38 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 6/28/2016 16.D.6. DOC@.35 $18.20 INT@.002 $10.24 REC $27.00 OBLD $5,120.00 OBLI $5,120.00 SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument')is given on day of ..560 i'lbu,2010. The Second Mortgagor is: Junior Laforce,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 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Five Thousand One Hundred Twenty and 00/100 Dollars ($5,120.00). 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 Golden Gate Est,Unit 88,S105FT of TR 91,Collier County,Florida and which has the address of: ("Property Address"): 3171 32"Q Ave SE Naples Florida 34117 (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 sto.k.and_all fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by the Security Instrument h )eg'Qingreferred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is y, a eby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencufn pt for encunl de90 cord. Borrower warrants and will defend generally the t tie to the Property against all claims and demesar�s ybject to any encumbran q( ord. THIS SECURITY INSTRUMENT combihestrtrlform covenants for national us and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrumenyco itireal ro e _UNIFORM COVENANTS. Borrower/and lender1cdveaant and agree a follows: t 1. Payment of Principal and Interest;Pre pent "Lal Ch�aar,-ge,eo rrpyl r shall promptly pay when due the principal of and interest on the debt evidenced by the Note. ; I �I 1`\ 1 -)/,} 2.Taxes. The Mortgagor will pay all tau s, sses menu)se r t r at Tates prior to the accrual of any penalties or interest thereon. , Qf f i The Mortgagor shall pay or cause t e pa a cusp cti aly be us,, (1)all taxes and governmental charges of any kind whatsoever which may at any time be la pIf ssessed or levied against r with respedt40.the Property,(2)all utility and other charges, including"service charges',incurred or imposeO6r he operation,maintenanc se,bccupa*,1upkeep and improvement of the Property,and (3)all assessments or other governmental chag t may lawfully be paid in/ a all erp((s\o, a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to`i {iaid,only such installments as jegiur to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the fore�Zyyoinrop�l� and to Mortgagee evid�6 off` ch payment. 3. Application of Payments. Unless app'1irhbl„pa vides otheiwis6 altp yfnents received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late char�ggi5' funetfig ole'!-- 4. Charges;Liens. Borrower shall pay all taxes,as rnenls dh'b es;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 Lenders 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 Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lenders 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 Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders 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,Borrowers 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 Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers 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 Borrowers 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 Lenders good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security Packet Page -1142- OR 4611 PG 2199 6/28/2016 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 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 Borrowers 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-ofthePin which the fair market value of the Property immediately . before the taking is equal to or greater than the amount oy &Ye re(' curity Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the surf WOO r• •. - "(Ads ent shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total am tjti-sums secured imm t.t before the taking,divided by(b)the fair market value of the Property immediately before the taking. e shall be paid to Borrower. hievent of a partial taking of the Property in which the fair market value of the Property immediate! befo-the takin is less than the amount of sums secured immediately for the taking, unless Borrower and Lender otherwise agree i writi g oAin ess as pticable layp gtherwise`prow s,the proceeds shall be applied to the sums secured by this Security Instrument whether not 1 e sums air,)he e. Unle Lender and B'Q§rrower otherwise agree in writing,any application of proceeds to principal shall not xten. . • o- i. n 'payrdents referred to in paragraphs 1 or change the amount of such payments. tt i 11. Borrower Not Released,For a ice:y L:nd r •t.W n on¢`f the time for payment or modification of amortization of the sums secured by this S • ;t•rift d• e er to a s cc 3or interest of Borrower shall not operate to release the liability of the original Borrower o • ucce • in t. Le all t1be required to commence proceedings against any successor in interest or refuse to time for payment or othe''e ma�dify into tion of the sums secured by this Security Instrument by reason of any demand made by e}�iginal Borrower or Borrow�uc era Interest. Any forbearance by Lender in exercising any right or remedy shall not be a wa yv f�r preclude the exercise` n rigfiOw- medy. 12. Successors and Assigns Bound; q'int'a d Several Liability;Co-S) eIrsl/The covenants and agreements of this Security Instrument shall bind and benefit the successors a.§1• .f Lender and Borr•. `k�3yb'€ct to the Provisions of paragraph 17. Borrower's covenants an --re- e, •- •-'• t•2�.to ral. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signin• s..84: ' , tlAt.•t. -rtt-ot'ily to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)r , ••-Ifiibligated 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 or a Beneficial Interest in Bor ower. 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 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. lv•- Packet Page -1143- *** OR 4611 PG 2200 *** 6/28/2016 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 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 Improveme i er ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Familyr'tg� VJy Second Home Rider ❑Balloon Rider ❑Brwe y` i„tr Rider 0 rfi it Development Rider ❑Other(s)(specify � � SIGNING BELOW,Borrower accepts and agrees the terms nd-cove.ants co -fined in t1is Security Instrument and in any rider(s)executed by Borrower and recorded with it. /�\ 1 Signed Baled:nd deli -red in the presen of: / \ `f ja I 1 I 711111p SS#1. ' Slgnatur- Jn `\ Borrower i Ju.i Laforce Signature: (kit 1 ,--1 N o Witness#2: 1-A' OciO O'cr -4--- Signature: Signature: Address: 3171 32nd Ave SE Naples, Florida 34117 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 Junior Laforce 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 t' day of J"..../:2-&-ilikl.2010. My Commission Expires: O — ''" °'iblicssSiignaturer (Sea •/ cl i i6ecs S hf J o.'"'l. Notary Public State of Florida Notary's Printed Name Frances S Lepdan y g My Commission D0739795 ?oi ho` Expires 01/18/2012 File#: 09-281 Packet Page -1144- • 6/28/2016 16.D.6. SECOND MORT'(At RSSeggtppn: IIRECORDED4208601 OR: 4391 PG: 4064 O8LD 16840.50 "` Phi! TERABi208VICBS C FIE / / 008 the OFFICIAL DWIGHTRDS of I. BROCR, 11088 OLLIER COUNTY, FL DOC-,35 27.00 59.15 CAPE CORAL FL 33991 THIS SECOND MORTGAGE("Security Instrument")is given on ,2008. The Second Mortgagor is: Norberto Acosta Mayor,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 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Sixteen Thousand Eight Hundred Forty and 50/100 Dollars ($16,840.50). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Golden Gate,Unit 2,Blk 55,Lot 21,Collier County,Florida and which has the address of: ("Property Address"): 4340 19" Ave SW, Naples, FL 34116 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,e Rr.gr en�$ brrnces of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,s bj ct - efii �c�t s of record. THIS SECURITY INSTRUMENT combines(:, an s orTa nd non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrumeng real property. t UNIFORM COVENANTS. Borrower and�Lvenant and agree as foil 1. Payment of Principal and Interest,Prepayment-and Late Charges. Borrpwershall promptly pay when due the principal of and interest on the debt evidenced by the Note. 1 / 14"-- �'"`f \ 2. Taxes. The Mortgagor will pay al(tax assessmerltsrsewer rents r water rtes prior to the accrual of any penalties or interest thereon. i ` The Mortgagor shall pay or cause the Tr,„,ct)ykl rtdu ,(Aj(1)all taxes and governmental charges of anykind whatsoever which ma at an time be la I p i t or wii' r pe• .to the Property,(2)all utility and other charges, including"service charges",incurred or imposed fo n ,u •.. p '71 upkeep and improvement of the Property,and (3)all assessments or other governmental cha§es hat may lawfully be paid' installtiment ra period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause t �' id only such installment ar r rre o be paid during the term of the Mortgage,and shall,promptly after the payment of any of the fd .i ,forward to Mortgagee-Aden g payment. 3. Application of Payments. Unless a pf`ca a law provides otherwise �ay9telits received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any a e es due under the No .,/C.,,,/ 4. Charges;Liens. Borrower shall pay all I. es''a es Y�nfs and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehol• •. fprf any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all re - = ng't" 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. 6. 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 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 r ---------- "--'`'•ii or criminal,is begun that in Lender's good faith Packet Page -1145- en. AIn1 nn. Ant • 6/28/2016 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 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 secure y-this-Se urity Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of thus 'RCA!, .stately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any bal s alb { Ir trf'qf event of a partial taking of the Property in which the fair market value of the Property immediately be eee a g is less than th f the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writmpr,tfnless applicable law othe ise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Len r and,Borower otherwise agree in writing,any application of proceeds to principal shall not extrid o/post t�eetthe`dve-date-df'tie month payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Forbearance,By ende r s$pf the time for payment or modification of amortization of the sums secured by this Security Irjitrumerl� ra"to by, r t - y' ssor n interest of Borrower shall not operate to release the liability of the original Borrower or or er' succes�o in n er Le'•er/she+{(I pot required to commence proceedings against any successor in interest or refuse to xt8nr d r•oth poise ...i.. ar'nbrti ation of the sums secured by this Security Instrument by reason of any demand made by fje,o gine Borrower or Borrower's su sso's)t terest. Any forbearance by Lender in exercising any right or remedy shall not be a waft e of or preclude the exercise*.any gh )'nedy. 12. Successors and Assigns Boundd`�q.Jgiint and Several Liability, igners J'e covenants and agreements of this Security Instrument shall bind and benefit the successors a`r�,esstgns of Lender and Bone-,,s(t�je 'to the Provisions of paragraph 17, Borrower's covenants ' 90e ments shall be joint a}r d's er Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-si n n hi curity Instrumebt o ljy d mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrumeht4b)Iss pers4 1I te'd to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agrei t d,m 46,.fiorbear 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 or a Beneficial Interest in Borrower. If all or any part of the Properly 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 -1146- *7tic en. Alm Dr. Ilncc *** . 6/28/2016 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 govemmental 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 Lavd'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. Attomeys'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 0 Balloon Rider ❑Biweekly Pa niO itcs , n d Unit Development Rider -. ❑Other(s)(specify X60 SIGNING BELOW,Borrower accepts and agree%, e teans,,V oovenantssE tained i this ecurity Instrument and in any rider(s)executed by Borrowe d recorded with it. / / ,%. (� / Signed, d delivered in..[�:� n. of: 7` t (�'�r)\\(1 f Witness# . to �/lia, Borrowed No• ,, • Acosta Mayor Signe z-�+T UL ela1. 1 ► AIL-�` /,.... Witness#2: •r�'i�� rf Signature � f Co.Borrower Signature: �'/:�!A"r..f ..11t 0 Pl40 19th Ave SW Naples, Florida 34116 STATE OF FLORIDA COUNTY OF &///(4— 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 Norberto Acosta Mayor 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 afor ai is A day fir_!. r ,20 Ce My Commission Expires: Notary Public's S• ature (Seal) Notary's Printed Name C°4Mtfuton;*� N.YCe Bonded. P 219 rtic BD �009 File#: 08-157 Packet Page -1147 4180607 6/28%2016 16.b.6. RECORDED in OPTIC:,,,, �vuytnn wuntt. rn 06/19/2008 at 01:25PN DWIGHT E. BROOK. CLERK ''t' SECOND MORTGAGE OBLD 26698,50 ' NOTH AMERICAN TITLE CO. DELI 26698.50 9115 COASEA DEL FONTANA WAY#200 NAPLES,FL 34109-4396 EEC 27.00 DOC-..3535 93.45 Retn: NORTH AMERICAN TITLE CO ll PICK UP IIW,7 (xlz THIS SECOND MORTGAGE("Security Instrument")is given on yI2U ,2008. The Second Mortgagor is: Babett K.Moser,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 Six Thousand Six Hundred Ninety Eight and 50/100 Dollars ($26,698.50). 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 Vista Ill at Heritage Bay Unit 15�0.�3-A C fnf�d minium,Collier County,Florida and which has the address of: ("Property Address"): 9055 Gervais Circle NalVea�, FL 34120 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 at 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,subj_ept-to-prelicombrances of record. THIS SECURITY INSTRUMENT combines unif�cm tstfo no use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument n lea rope > UNIFORM COVENANTS. Borrower and n�e/ venant and agree as ov 1. Payment of Principal and Interest;,Prepayment and Late Charges. Borrow r shall promptly pay when due the principal of and interest on the debt evidenced by the Note. l 2. Taxes. The Mortgagor will pay all/taxes,assessor nts,sewer t or water ates`prior to the accrual of any penalties or interest thereon. / 1_,.- The � \`` The Mortgagor shall pay or cause to be ' 'resa -1 c U 1 all taxes andgovernmental charges of „ ,e,(4(1) 9 any kind whatsoever which may at any time be laWfull,=ssEesse•orilevOd h. r-'9f h peat to the Property,(2)all utility and other charges, including"service charges",incurred or impo'ed f th- o.==ti. ,riiaitit ce,us ,o uyP,�Iaagcy'upkeep and improvement of the Property,and (3)all assessments or other governmental ch i,,-ty ,,.,+y.t.- .. .'n ins ts`o�;erj<a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause o'6ee aid only such installment as ar regyrr bbe paid during the term of the Mortgage,and shall,promptly after the payment of any of the o 4gdjng,forward to Mortgage��..AA����ide ce lif,�e8ft payment. 3. Application of Payments. Unless\appircable law provides other s It epts received by Lender shall be applied;first,to interest due;and,to principal due;and last,to ant�f a arges due under the Note.fest_ / 4. Charges;Liens. Borrower shall pay al`t�rres ssessments,charge , riSs/a1d impositions attributable to the Property which may attain priority over this Security Instrument,and lease ii i'ay ents.or.grounneferktpf,any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,andl'all,r\ evi- 6th yments. Borrower shall promptly discharge any lien which hat'-pnority., ' ecurity 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 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°then•^—--*^'^".•;---:-•'-- ----eated by this Security Instrument or Lender's security Packet Page -1148- 6/28/201616.D.6. OR; interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed wit awing that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material .ilipairment 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 sumsietiTNArnalediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balan h In the event of apartial takingof the the fair market value of the Propertyimmediately JrQ Property in which befo hr� ess anq t of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writ' tr I ess applicable law o r4v E ovides,the proceeds shall be applied to the sums secured by this Security Instrument whether or nOt th ns are then due. Unless Lender a Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or ostpene-the due date of the mo ly p ments referred to in paragraphs 1 or change the amount of such payments. / / la.,.... `"---•—,f" 11. Borrower Not Released,Forbearance B Lende. • a elver.\Extensio of the time for payment or modification of amortization of the sums secured by this Secrlrity I stntmax} r • .n s"'.-ssori in interest of Borrower shall not operate to release the liability of the original Borrower or orr Is s ••--,..o . r to i t L.d h-ll not'be required to commence proceedings against any successor in interest or refuse to xte ti e f .a m r•t t-rwise 7r o•fy air�yti�ation of the sums secured by this Security Instrument by reason of any demand made b tfte o <,,a < ;,<• is .+..,, o s,ry jnterest. Any forbearance by Lender in exercising any right or remedy shall not be a ' r f or preclude the exerci f any right• edy. 12. Successors and Assigns Boun k4otr,t and Several Liability. Si ne :^- -covenants and agreements of this Security Instrument shall bind and benefit the successo signs of Lender and B , e,s.• o the Provisions of paragraph 17. Borrower's covenant�, �greements shall be joint a -- ,r-. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-S ' `t is Security Instrume • to ortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instru (b •-rso - • i to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may e, n•-- •'.14 • ar or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's M. 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^o•"�--4"-'-u-----------"'.oan Servicer and the address to which payments should be made. The notice will also contain any other in Packet Page -1149-law. *** OR. 43,6/28/2016 16.D.6. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substnces 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 ronmental 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 0 Graduated Payment Rider ❑1-4 Family Rider 0 Second Home Rider ❑Balloon Rider ❑Biweekly Payment Rider- --❑Planned Unit Development Rider ❑Other(s)(specify SIGNING BELOW,Borrower accepts and agreesedo fni,terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. r Signed,sealed and delivered in the presence Of: Wdness#1: it" g '04-'`.� d4 9`fO�.rz •dtt R. Moser Signatu 7 l With E Signatu tijSignature1 . a .•• •1 Cd _ IL Co-'•. 111�l 2, • ervais Circle # 1401 G -•lea, Florida 34120 STATE OF FLORIDA ,./ COUNTY OF V'///G 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 Babett K.Moser 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. rri n WITNESS my hand and official seal in the County and .,r1t- .oresaid thi—'r.y off—fprr I ,20 D My Commission Expires: �� Notary Public's ignatu`e_� j f pD� (Seal) l Notary's Printed Name +0;Yiytf; IMELDA DE LEON y: •. :r MY COMMISSION t OD 858062 �. EXPIRES:Mardi 27,2011 r„D.,V eroded Nu Notary Pubic aide w*pen File#: 08-016 Packet Page -1150- INSTR 4361007 OR 4508 PG 182 RECORDED 11/10/2009 10:08 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 6/28/2016 16.D.6. DOC@.35 $14.70 REC $27.00 OBLD $4,200.00 OBLI $0.00 SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")is given on day of ,2009. The Second Mortgagor is: Steven M. Nowlin and Meghan L. Nowlin, a married couple ("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 Four Thousand Two Hundred and 00/100 Dollars ($4,200.00). 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 Golden Gate Est,Unit 195 S 75FT of TR 29 OR 1091 PG 14,Collier County,Florida and which has the address of: ("Property Address"): 2170 23r° Street SW, Naples, FL 34117 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. AI,I9Ltheioregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully-Seized ofth�>e hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumb rd, pt r axidurfr raa ces of record. Borrower warrants and will defend generally the title to the Property against all claims and demand ,ctio`any encumb?a .s°o:record.THIS SECURITY INSTRUMENT combined covenants for nationa ari non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrumen ering real property. UNIFORM COVENANTS. Borrower and Lender covenant.andagre as follows 1. Payment of Principal and Interest;Prepaylent and Late Charges. Borro r shall promptly pay when due the principal of and interest on the debt evidenced by the Note. ' / 3. 2. Taxes.The Mortgagor will pay all taxes,assents)s w' e is ok t r les prior to the accrual of any penalties or interest �� thereon. I ( t( The Mortgagor shall pay or cause t! i'd, s t a r. re 4 ely be m du4(A'(1)all taxes and governmental charges of any kind whatsoever which may at any time be la u s ed o d a for vn peti;ta he Property,(2)all utility and other charges, including"service charges",incurred or impos dlpr he operation,maintenande use, ccypan ,upkeep and improvement of the Property,and (3)all assessments or other governmental char e3 t may lawfully be paid i ' alljne v r a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to e'iai.only such installments to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the fore ojng, nlrward to Mortgagee eviderf bffuch payment. 3. Application of Payments. Unless applicg26_je�I4w,provides othe se l ,yments received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late chvprgedu pnderrI�tftp, oY.moi' 4. Charges;Liens. Borrower shall pay all taxeS>assiifilkenE,4Hafgeelines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold paymentrorgroura 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 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 otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstat -- - causing the action or proceeding to be dismissed Packet Page -1151- OR 4508 PG 183 6/28/2016 16.D.6. 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 Properly. 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 s curd ky flys cithty�nstrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of4h s S c iately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any b nr s' e paid to Boft�fnlhe event of a partial taking of the Property in which the fair market value of the Property immediately b pp*he taking is less than the gt�nt\of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in v7titirl or unless applicable law othe a provides,the proceeds shall be applied to the sums secured by this Security Instrument whether orJot th'sus are then due Unless Lender and\Borower otherwise agree in writing,any application of proceeds to principal shall note end r poefpEne the due(life))f the monthly payments referred to in paragraphs 1 or change the amount of such payments. / 'zi \ 11. Borrower Not Released,Forbgarer)p6� Fdd 1io c ver'j njof the time for payment or modification of amortization of the sums secured bythis Sec n hest men r nt b e o$p` ccesso(in interest of Borrower shall not operate to release the liability of the original Borrower or�B,,�eqr'`�v e s s g ops i in st. Le'rr{{de alFepl be required to commence proceedings against any successor in interest or refuse to kten lime-for p< �of"'othrtwise4"nadTy drnnortization of the sums secured by this Security Instrument by reason of any demand made by FJes ginal Borrower or Borov er's sucbessorsl interest. Any forbearance by Lender in exercising any right or remedy shall not be a w Vet., or preclude the exerci nyjrig(ri�''Cmedy. 12. Successors and Assigns Boun ' hand Several Liability; ner8,-)j'tre covenants and agreements of this Security Instrument shall bind and benefit the successors tIassrgns of Lender and Borow ubj,6t to the Provisions of paragraph 17. Borrower's covenants rajr a ents shall be join `s'uveral. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signigr thin tya mer3t„d yto mortgage,grant and convey that Borrowersinterest in the Property under the terms of this Security Instrument;"( r t�j-pe�spriitIyobligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to d;-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 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 f..—'\ 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 ora 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 information required by applicable law. Packet Page -1152- *** OR 4508 PG 184 *** 6/28/2016 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 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 Ride ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider''R C ❑Second Home Rider ❑Balloon Rider ❑Biweekly Rifat I jped\nit Development Rider ❑Other(s)(specify `.J6�7 SIGNING BELOW Borrower accepts and agreEs to/e terns atid45v-.ants ce ,ained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence Lie I 1,44Witness#1: • 4 U-2 via u • ':"►' • Borrower t eh/M. Nowlin Signature: I ' a.,Mi,.. Witness#2' L ikr. - y r Signature: ' Co-Borro t<1\i f an L. Nowlin Signatur-. ,4 'N TT , c4i Address: 2170 23rd Street SW Naples, FL 34117 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 Steven M. Nowlin and Meghan L. Nowlin 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 afor- aid thi• 6 .ay of/A21/1;547/3'e: ,20 Oh,. My Commission Expires: Notary Publis,Zh Signature �� (Seal) G1� TOlARy Notary's Printed Name ,,. ��P TD Mutf�ruDA `-Commission#DD8675 BONDEDev res: mAR.24, 11 Ten A77.A1 rceaavt�c co 01 3 File#: 09-189 Packet Page -1153- , Rita: 3080748 OR: 3156 PG: 0342 IUICOTIV1 TITLI IRSORARC! RICORDED In the Ot?ICIA1 RECORDS of COLLIER 6/28/2016 16 D.6. 1136 I! illi ISLAID ID 1111012002 at 02;45PM DIIGRT 1. BROCR. C11.. ---• ......" CAPI CORAL 1L 33109 11C 111 15,00 SECOND MORTGAGE DOC-15 8.75 THIS SECOND MORTGAGE("Security Instrument")is given on October ,2002. The Second Mortgagor is: Lucia M.Slu,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,end whose address is 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34014 . Borrower owes Lender the sum of Two Thousand Five Hundred and No/100ths Dollars(U.S. $ 2,500.00 ). 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 the West 7S feet of the East 180 feet of Tract 107,Golden Gate Estates,Unit 64,Collier County, Florida and which has the address of: ("Property Address"): 2985 37th Avenue NE., Naples, Florida 34120 ra..+l fC+a Si*)i (zoi 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,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest;Prepayment and s Charges. Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note. �r 14, 2. Taxes. The Mortgagor will pay all tax stir =u, ter rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to bethe same respectively due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be la lly sassed or levied against or wi respect to the Property,(2)all utility and other charges, Including"service charges',incurred or im ed for ttt .operetion,-maintennance,use, cup@ncy,upkeep and improvement of the Property,and (3)ell assessments or other governmental charges that A . be pad in install is over a period of years,the Mortgagor shall be _, obligated under the Mortgage to pay or cage to , .. r i -•. • •tg-as•arquire'�to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the l •to en e f suirh payment. 3. Application of Payments, les pplicabl8 I • •v!d ..lber`vw'e,W pe me received by Lender shall be applied;first,to Interest due;and,to principal due;and leaf, i latg chart... •u 'u • the No 4. Charges;Liens. Borrower s ay a fixes,assess harg and mpositions attributable to the Property which may attain priority over this Security Instrument, ' l stehoid payments or grow ren if rrower shall promptly furnish to Lender all notices of amounts to be paid under this pa rap and all receipts eviderte -t pap . Borrower shall promptly discharge ar�jIeft 'hlch has priority over rs-Seco' Itrument unless Borrower(a)agrees in writing to the payment of the obligation secured by the Ile n nner acceptable to L e(-( ntests in good faith the lien by,or defends against pt enforcement of the lien In,legal proceedings whit •era opinion•.-. .tb ant the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to L ertt^.• r i.w$rikto Mrs Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain prix r t. rument,Lender may give Borrower a notice identfying the lien. Borrower shall satisfy the lien or take one or more of the action`setiorth'a••ve within 10 days of the giving of notice. 6. 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 he 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 es are customarily Insured against and pay,as the same become due and payable,all premiums in respect thereto, Including,but not limited to,alt-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. S. 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 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 - teed to.representations concerning Borrower's occupancy Packet Page -1154- ��6/28/2016�16 D.6. 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 shalt 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. 6. Mortgage insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shell 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 end 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. O. 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 shah be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property Immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower end Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Forbearance *Vet y.x ension of the time for payment or modification of amortization of the sums secured by this Security I ed by 40 successor in interest of Borrower shall not operate to release the liability of the original Borrower or Bo uccessors in interest. ndb\shall not be required to commence proceedings against any successor In interest or refuse to einem seer for payment or otherwise v ify'mortization of the sums secured by this Security Instrument by reason of any demand made by/ or4giral'Borrower or Borroyer's suc sore in interest. Any forbearance by Lender in exercising any right or remedy shat not be a/raive#of orpreclude the exerciser of any ht or y. 12. Successors and Assigns B nd; J Int.�d Se.,, I . •, k• . -gra• The covenants and agreements of this Security Instrument shall bind and benefit the succedsors:•• 'aigr s. .." tech tp the �� Provisions of paragraph 17. Borrower's co a a ag :. - II 7,„, •nt�t eral. iAny Borrower who cosigns this Security Instrument but does not execute the Note;( •s nr • hi I,,trumerl o toy rgg,rtgage.grant and convey that Borrower's interest in the Property under the terms of this Secu -t.• = t;(. •r-•=Ily o �d the sums secured by this Security Instrument; and(c)agrees that Lender and any other Bo �►may agree to extend, ify,fora`r ake any accommodations with regard to the terms of this Security Instrument or the Note witho +i •Trower s consent. m . eG[ 13. Loan Charges. If the loan secu his Security Instrumen uuI}j toga)aw which sets maximum loan charges,and that law Is finally interpreted so that the interest or o, -Toa charges collected or to b��q`llectt in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be red yytt.,� amount necessa t�Q 9 the charge to the permitted limit:and(b)any sums already collected from Borrower which exceeded.° ••'tfad t' swill-be etjo rrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making's i aygie mower. If a refund reduces principal,the reduction will be l treated as a partial prepayment without any prepayment charge eerrl e. I 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. 16. 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 ora partial interest in the Note(together with this Secunty 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 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. Packet Page -1155- • 6/28/2016 16.D.6.1. 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 Borrows 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 ❑Weekly Payment Rider ❑Planned Unit Development Rider ❑Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the II:-- ; vvr to Vie;•ained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. � CJ � Signed,sealed and delivered in the presence of• C) / Witness#1: to 9 rrower L ci M. Siu Signature: n�. C , 1 Witrtess#2: ' ` _ 0 gtg : r Signature: k k Ye 2.; r 2' Address. •4- 37th Avenue NE. -las Florida 34120 STATE OF FLORIDA COUNTY OF\i- 1 Q 4rEIRC C I hereby certify that on this day,before me,en officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements.personally appeared Lucia M.Slu to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(Hef she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State afo. day of 1k/1111111, , 2W r . My Commission Expires: A. i~ I Notary Publ c's Sig tute ' (Seal) 1 G►P i Notary's Printed Name ,Il,t':-; 'ofrb4 ,n• 74.204 File#: 03-060 Packet Page -1156- lata: 2698494 OR; 2729 PG; ';Q' nun TIT! COu ucoul0 a u1 OftiC*1 ucona of COW! 6/28/2016 16.D.6. * 1115 MITT ID 151 11 11/1111/01 It 19:37M DII6IIT 1110CL, C1111 Ot11i 210110 WW1 71 71111 SECOND MORTGAaa He HI 1S.10 DOC-.11 1.71 THIS SECOND MORTGAGE("Security Instrument")is given on October,],2000 The Second Mortgagor is Jorge A.Flores.A Single Person&Damarys Perez,A Single Person ("Borrower"). This Security Instrument is given to Collier County _("lender'),which is organized and existing under the taws of the United States of America,and whose address is 3050 North Horseshoe Drive, Suite 145, Naples, Florida 34014 . borrower own Lender the sum of Two Thousand five Hundred and No/100ths Dollars(U.S. i 2,500.00 ). This debt is evidenced by Borrowers 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 *emotion . This Security Instrument secures to Lender(a)the repayment of the debt evidenced by the Note,wnh interest,and all renewal,extensions and modrflcations.(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 are the Note. For Otis purpose,Borrower does hereby second mangege,grant end wmrey to Lapeer the following described property located In Collier County,Florida. As more particularly described as Lot 17,Block 214,Golden Gate,Unit a,Part 1,Collier County,Florida and which has the address of: ("Property Address"): 5495 25th Place SW., Naples, Florida 34116 l*"..n ,Ctil It.„, ase TOGETHER WITH all the improvements now or hereafter erected on the property,and all aaraments,rights.appurtenances,rents. royalties,mineral,oil and gas rights and profess,water rights and stock and all fixtures now or hereafter a part of the property. All replacements end addition*shall also be covered by the Security Instrument. All of the foregoing ls referred to in this Security Instrument as the'Proper(". 146AHOWEA 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 titre to the Property against ell chem end demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use end non-uniform covenants with limited venation by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS. Borrower and Lender covenant-arid-agree as follows: 1. Payment of Principal and Interest:PrepiytLss Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note, jay, ,,; 2. Taxes. The Mortgagor will pay all taxbsC flu l in ants,sewer ran - rates prior to the accrual of any penalties or interest thereon / ! `` The Mortgagor shall pay or cause to/be pai aa-the•aame respectively becor .d ,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lly'estiae}ged or Ievied-agaigittor with pect o the Property,(2)all utility and other charges, including"service charges',incurred or impPsod r the operat(oj,.ms ntenance,use,occupancy,upkeep and improvement of the Property, and(3)all assessments or other governme`ntal n over a period of years,the Mortgagor shall be ._ obligated under the Mortgage to pay or cause td takd , N u• metal ,.,art Med o be paid during the tarn of the Mortgage.end shad,prop t y alter the payment of any of fo[eg 'ng, rd fto N161....' .e , e payment. S.Application of Payments, U lee p •:... . I received by Lender shall be applied:kit,to interest due;end,to principal due;and last,gran late charges due under,;. Nell. 4. Charges:Lies. Borrower sh l ty II taxes.assessments,i ti rte on* no attributable to the Property which may ng attain priority over this Security Instrument a hold payments or groins fr ri) r shall promptly furnish to Lender all notices of amounts to be paid under this parse all receipts evidence Borrower shall promptly dladmarge any n 7cfi has priority over this sirument unless Borrower.(a)agrees in writing to the payment of the obligation secured by the lien i rr4v ar ceptable t ,( contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which int*� -op1', prevent the enforcement of the lien:or(c)secure,from the holder of the lien an agreement satisfactory to Lender in bhp this Security Instrument. If Lender determines that any part of the Property Is spec(to a lien which may attain priority over the rity Instrument,Lender may give Borrower a notice identifying the lien. %Borrower shell satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice B. 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 requites Insurance This insurance shalt 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 Lenders 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 Lenders 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 are,lightning,and other casualties customarily insured against(including boiler explosion,it appropriate),with a uniform standard extended coverage endorsement,Including debris removal coverage. Such insurance at all times to be in an amount not less then the full replacement cost of the Promises,exclusive of footings and foundations. All insurance policies and renewal shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewers, 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 end Lender. Lender may make proof of I0s5 if riot 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 Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders 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 nate from Lender that the insurance carrier has offered to settle a claim.then Lender may collect the insurance proceeds. Lander 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 OM 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,Borrowers 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. _ S. Occupancy,Preservation,Maintenance and Protection of the Property:Borrowers Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers 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 Borrowers 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 Lenders good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security interest. Bortower may cure such a default and reinsby causing the action or proceeding to be dismissed Packet Page -1157-' 0 6/28/2016 16.D.6. with a ruling that,in Lender's good faith determination.precludes forfeiture of the Borrower's interest in the Property or other material impsimient of the hen created by this Security Instrument or Lender's aeeunty interest. Borrower shall also be in default if Borrower,dunng the loan application proms,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material �, information)in connection with the ban evidenced by the Note,including,but riot limited to,representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold.Borrower shall comply with as 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. Prettied**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 Lenders 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. 5. Mortgage Insurance. If Lender required mortgage insurance as s condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,tor any reason,the mortgage insurance coverage requked 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 cowing'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 tin 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. C. 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 dawn 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 or a total taking of the Property,the proceeds Shan be appnsu to the sumo secured by this Secunty Instrument,wnether or not hien Out, 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 b this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount oft m -•iately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any bean, sl •, ., In the event of a partial taking of the Property in which the fair market value of the Property immediately bgfOrgbe3a •is less the a t of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in vyfn Ih rr4iinese applicable law of -***provides,the proceeds shall be applied to the sums secured by this Security Instrument whether ori�n+ot sums are then due. Unless Le,• r a Borrower otherwise agree in writing,any application of proceeds to principal shall not e>ftend1,or poatpone'the.due_datt of the rr ly yments referred to in paragraphs 1 or change the amount of such payments. j '^b"` 11. Borrower Not Released,Forpaarah, of. time for payment or modification of -- amortization of the sums secured by this Seem' ,�j ' r gra I'• . • . . in interest of Borrower shall not operate to release the liability of the original Borrower ix:• R•IF rs f��r rat n II n4 be reouired to commence proceedings against any successor in interest or refuse biif�t i • . 1L hiliSeli Ify baton of the sums secured by this Security Instrument by reason of any demand made 0I7-o .• . oriso" -es interest. Any forbearance by Lender In exercising any right or remedy shall not be a l -r of or preclude the exerci of an. right or •y 12. Successors and Melons -• +• nt and Several Uabillt S . • covenants and agreements of this Secunty Instrument shall bind and benefit the sucos• •' • 'signs of Lender and Bo'• •r -to the Provisions of paragraph 17. Borrower's covens reements shall be joint a I. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is-• ls Security Instru n( mortgage,grant and convey that Borrowers interest in the Property under the terms of this Security Instru, - •t-per onctil,y hid to pay the sums secured by this Security Instrument; and(c)agrees that Lender end any other Borrower may Ietj, dlfy,..forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borr• -ri-consent"-- 1!. 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 anew other provisions of this Security Instrument gr 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. 1a. 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(0)entry of a judgment enforcing this Security Instrument. Those conditions aro that Borrower.(a)pays Lender alt 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 feet;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 end Borrower's obligation to pay the sums secured by this Security Instrument shall continue uncharged. 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. 1e• 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 collets monthly payments due under the Note and tri-c--••^'-l--*---' Ta. -`t may be one or more changes of the Loan Servicer unrated to a sale of the Note. If there is a change of Packet Page -1158-to given written notice of the change in accordance with *** C 6/28/2016 16.D.6. paragraph 14 and applicable law. The notice wit state the name and address of the new Loan Servicer and the address to which payments should be mad*. 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 Ute Property. Borrower the not do,nor allow anyone else to do,anything effecting the Property tat 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 kens,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 Mss 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 aoalantlen 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 Secunty 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 nder(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider 0 Rate Improve - t Fi1Tar C 4jj'.r•.dominium Rider ElGraduatedPayment Rider ❑1-4 Famil r �♦ one Rider ❑Balloon Rider ❑Weekl t Rider El PI • •it Development Rider 0 Other(s)(specify SIGNING BELOW,Borrower accepts and •reee. " . -r" le .rity Instrument and in any riders)executed --- by Borrower and recorded with it. Signed,sealed •delivered' the prase • 0 Wttneuttt L. 1. /Lt3bnewnr_ t -I •_'' Borrower 111 A. • •res Signature: /'. 1 . • yyltn�►1i► �j��� t. ler _iR . i__1 ore Address: -' ' . Place SW. Naples, Florida 34116 STATE QF FLORIDA COUNTY OF e__ni�)Ql 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 Jorge A.Flores i Demarys Perez 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,� L.day of 4l)CJQ, 2000. -: /72AJZ..5) My Commission Expires: t Notary Public's Signature (Seal) Notary's Printed Name 1 Run-:E co11fr1Z jl tat,L` nIA 0f F1BM& • ii r f.. File#: 01-0R7 Packet Page -1159- 6/28/2016 16.D.6. Ca ,.eicjorpurity COLLIER COUNTY HOUSING DEPARTMENT 3301 E. Tamiami Trail,Naples,Florida 34112 SHIP OR ADDI Date: PURCHASE ORDER REQUEST DOWN PAYMENT ASSISTANCE Direct Pay Request SHIP X DPCC ASSIST APPROVED BY BCC 10/10/06 ITEM 17E ORDINANCE 2006-45 191-138785-884100-442081 ADDI BCC 4-12-05 RESOLUTION 2005-157 ITEM 8D 121-138755-884100-345611 FY 2008 VENDOR# One Time Vendor AMOUNT $18,200.00 VENDOR NAME Law Offices Of David Stern & Karen Brett VENDOR ADDRESS 156 Pebble Shores Drive Unit 103 Naples, FL 34110 CLIENT INFO NAME Karen Brett FILE# 08-043 REHAB WORK DESCRIPTION Requested By Priscilla Doria Date Acct String Approved Nancy Mesa Date Manager Approval Marcy Krumbine Date Packet Page -1160- 6/28/2016 16.D.6. COLLIER COUNTY DEPARTMENT OF HOUSING & HUMAN SERVICES """-- 3301 E.Tamiami Trail*Naples,Florida 34112*Health&Community Services Bldg. (239)-252-4463*FAX(239)252-6518*http://www.colliergov.net September 3, 2008 Home Depot-Pine Ridge Rd Fax: 592-2414 RE: Collier County S.H.I.P. Down Payment& Closing Cost/Emergency Rehab Program Applicant: Karen Brett- 156 Pebble Shores Dr#103,Naples,FL 34110 File#08-043 Dear Sir, Please let this letter serve as verification of funds being held on reserve for the above referenced client. Through his participation in the Collier County SHIP Program he is eligible for repairs of improvements to his recently purchased home of up to$2,500.00. In accordance with your recently submitted proposal, a purchase order will be issued to Home Depot and our account will be charged for $ 2,476.27 for Invoice (store #0280) #426953. We are also a tax-exempt account. Please mail to me the original receipt so that we may pay this invoice. Any amount above this will be the sole responsibility of the homeowner. Please use our account on file ending with. 6035-3225-0395-0507-00007 Phone number 239-252-5312. Please feel free to call me at 252-5312 if you should have any questions or require additional information. Again,please remember to send me the original, fmal invoice when work is complete. Sincerely, Priscilla Doria SHIP Loan Processor Phone: (239)252-5312 Fax: (239) 530-6518 priscilladoria(ccolliergov.net Packet Page -1161 6/28/2016 16.D.6. UUUUUUUUUUU U 444444444444 C7C c..50 00g C7000 000000000000 p � awa (,4 w' o4 c4 1)4 a a. 2. 1)4 2. F � ,ZgF� FF . f-. H�gjFFF �gF 5 5 C4 0007C7C7C7C7 (7C7C7C7C7— 0 Q 40 CO h m m W CO CO h CO CO v) U U U U U U U U U U U 0— V N N ON NO M 00 00 Q.N O N 00 O 0 00 .n Al t. 00 to N O { 2 Off. O VD 00 VD N CA - M O 00 O� _ N 00 CO N N N N N 00 N N 00 -' o o O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 _, 05 c N 0 N R`Yt x 00 O. O` 0 O 0 O 0 [ da taw .-1 U M 0.O w N o0Z r \ xaSW° 4t4om > Nama� 0 .a a4 F. V wla¢y(4 " C)ttZD S§t 000 ¢¢cw v) 0 � 00� X76 4Q4u: W4QP. C1 P. D. a. w O. ,u ,u a. 44 aa �. �. °°° a ° 0• 000daaa-2 0 Qa aa. a s aa. 2. a s a. a. a v, rn con 0 0 N 0 0 0 O O 0 O O O N O 0 N 0 0 0 O O vl N O O O O VD 00 O O 0 O O 00 0 O fi O O N O o O 0 N 00 CA o O N on.co.op.N O O .n 00'O N .n N fn N N N to N vi.D N 00 N .49496949 6969696969 694969 VD VD VD VD VD VD NO VD O O O O O O O O OO O O .N N N N N N Al N N N Al Al NN O. .. M. „ O. VD OA 7 on M N 00 N —vt } 'y 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 O O 0 O 0 O 0 O f d b NO ON b b b b .D b b b b $ [ Cts'0 ON ON O. 01 T as O.as O\ T O\ j! t M M to M M en en en M M M M eta Ch Ch Ch CT CA Ch CN Ch CN ON CN CN N AA AANNN el N AA AV Ai ut e 00 00 00 d' mt 00 00 00 en en en en en en en en en en en en G M Al on M M on M on M M M M Ch CN CN Ch Ch Ch CN ON Ch ON CA Packet Page -1162- 6/28/2016 16.D.6. COLLIER COUNTY Payment Receipt HOUSING, HUMAN &VETERAN SERVICES DEPARTMENT 3339 E.TAMIAMI TRAIL, BLDG H, SUITE 211 NAPLES, FL 34112 Property ID:36381200001 Address: 5495 25th Place SW Naples, FL 34116 Loan ID: 00049101 Loan Amount: 2,500.00 Interest Rate: 0.000% GEORGE&DAMARYS FLORES&PEREZ Interest Start 10/15/2000 5495 25TH PLACE SW NAPLES FL 34116 Payment Check/ Payment Fees Interest Principal Ending Date Ref No Amount Paid Paid Credit Betence BALANCE FORWARD--> 2,500.00 03/17/2003 10448 2,500.00 0,00 0.00 2,500.00 0.00 � 1 Loan ID: GEORGE&DAMARYS FLORES&PEREZ 5495 25th Place SW 5495 25TH PLACE SW NAPLES FL 34116 Statement Date 05/13/2016 Please make your check payable to: Payment(s)Due$ 0.00 COLLIER COUNTY HOUSING,HUMAN& Fee(s)$ 0.00 VETERAN SERVICES DEPARTMENT,and reference your Loan ID on your check, TOTAL DUE$ 0.00 FOR DEPT USE ONLY Date Due Amount Recd Total Paid$ Date Recd Date Paid Check/Ref# Check/Ref# Initials Payment represents monthly payments. COLLIER COUNTY SH10 HOUSING, HUMAN &VETERAN SERVICES DEPARTMENT "'\ 3339 E.TAMIAMI TRAIL, BLDG H,SUITE 211 Return this portion with your payment. NAPLES, FL 34112 Packet Page -1163- 6/28/2016 16.D.6. /'1 .-figtitkt:4-,Z*Kii",tiP171441;-1.T4-.:11‘kii,i3LVV-Vai4i4.44,410 11 �w . F ,e , sa r R • � �a� � s� s rt "� *' d� 3' �� u0 ,.,; sts ,0=+ mar te" r4� .=a •! yf ., �,J 9 F ,r1r ---", 70» 7aca1 r�rix,ai, t � e�1YCi ", rl 1, f.i 1 Packet Page -1164-