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Agenda 09/13/2016 R Item #16D 6 16.D.6 09/13/2016 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign six satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance for Collier County HOME Investment Partnership Program. OBJECTIVE: To support the affordability of housing in Collier County by assisting first time home buyers with down payment assistance and owner occupied single family residential rehabilitation programs. CONSIDERATIONS: Collier County offers assistance to individuals to make repairs to owner occupied housing units through state and federal grants, such as the federal HOME Investment Partnership Program (HOME). In conformance with the requirements of HOME, contained in 24 CFR 92.254, homeowners receiving grant funds not exceeding $15,000 must meet affordability requirements for five years and homeowners receiving grant funds from $15,000 to $40,000 must meet affordability requirements for ten years. If property is occupied as the principal residence during the initial five year or ten year period, the assistance provided is forgiven. The following table details six clients who have fulfilled the obligations of the HOME assistance provided and are entitled to a satisfaction of mortgage. Name(s) Grant/ Address Date of Recording Date Loan Affordability Mortgage Date OR Assistance Amount Period Book& Forgiven being PG Satisfied Lucia M HOME 1022 Ringo 10/18/2010 10/27/2010 10/18/2015 $14,995.00 Escobedo 5year Lane 4618/1313 Immokalee Florence HOME 505 8th St 01/13/2009 01/16/2009 01/13/2014 $12,300.00 Horton* 5year Immokalee 4420/2577 Miguel HOME 1208 N 18th St 10/13/2006 01/03/2007 10/13/2011 $14,799.00 Garcia aka 5year Immokalee 4163/3094 Miguel Garza** Johnny HOME 416 Gaunt St 03/08/2006 08/15/2006 03/08/2016 $15,350.00 Hall& lOyear Immokalee 4088/4099 Louise Hall Viola HOME 406 11th ST SE 04/19/2006 09/15/2006 04/19/2016 $17,077.00 Preston lOyear Immokalee 4106/0920 Cristino V HOME 313 S 6th CT 08/30/2006 09/29/2006 08/30/2016 $17,200.00 Reyes& lOyear Immokalee 4114/1226 Juana M Reyes Packet Pg. 1331 1 6.D.6 09/13/2016 TOTAL $91,721.00 * Ms. Horton deceased 10/22/10 -OR4865/PG2389 12/17/2012.In the event of death all debt is forgiven. **Due to scrivener error the mortgage was recorded under the wrong name. 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: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. -JAB STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign six satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance for the Collier County HOME Investment Partnership Program. Prepared By: Wendy Klopf,Operations Coordinator, Community&Human Services Division ATTACHMENT(S) 1.HOME Satisfactions of Mortgage 09.13.16 (PDF) 2.HOME Mortgages (PDF) Packet Pg. 1332 16.D.6 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6 Item Summary: Recommendation to approve and authorize the Chairman to sign six satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance for Collier County HOME Investment Partnership Program. Meeting Date: 09/13/2016 Prepared by: Title: Operations Coordinator—Community&Human Services Name: Wendy Klopf 07/28/2016 4:34 PM Submitted by: Title: Division Director-Cmnty&Human Svc—Public Services Department Name: Kimberley Grant 07/28/2016 4:34 PM Approved By: Review: Public Services Department Kimberley Grant Level 1 Sim.Reviewer 1-8 Completed 08/03/2016 5:19 PM Public Services Department Amanda O.Townsend Level 1 Sim.Reviewer 1-8 Completed 08/05/2016 10:13 AM Community&Human Services Maggie Lopez Level 1 Sim.Reviewer 1-8 Completed 08/08/2016 12:53 PM Community&Human Services Kristi Sonntag Level 1 Sim.Reviewer 1-8 Completed 08/08/2016 1:11 PM Public Services Department Hailey Margarita Alonso Level 1 Sim.Reviewer 1-8 Completed 08/08/2016 3:04 PM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 08/08/2016 3:33 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/08/2016 4:24 PM Grants Erica Robinson Level 2 Grants Review Completed 08/09/2016 8:54 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/09/2016 9:20 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/09/2016 11:51 AM Grants Therese Stanley Level 3 OMB 1st Reviewer 1-4 Completed 08/10/2016 2:17 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2016 4:53 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 10:14 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 1333 16.D.6.a 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 cc 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain r; Mortgage executed by Lucia M Escobedo to COLLIER COUNTY, ai dated 10/18/2010 and recorded on 10/27/2010 in Official Records Book 4618 Page 1313 of the Public 0 Records of Collier County, Florida, securing a principal sum of $14,995.00 and LL certain promises and obligations set forth in said Mortgage, upon the property described in the cn aforementioned mortgage. a 0 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 Lo 0 record. co This Satisfaction of Mortgage was approved by the Board of County Commissioners on - c,; ,2016,Agenda Item Number . Cr; 0 0 as a a. L ATTEST: BOARD OF COUNTY COMMISSIONERS 0 DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA 0 0 By: By: c ,DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner0 w U cts Approval for form and legality: w N UJ Jennifer A. Belpedio �j ` 2 Assistant County Attorney Q-1' 4j 0 c m i_ U R Q eQt Packet Pg. 1334 16.D.6.a 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 ri Mortgage executed by Florence Horton to COLLIER COUNTY, dated 01/13/09 and recorded on 01/16/09 in Official Records Book 4420 Page 2577 of the Public Records of Collier County, Florida, securing a principal sum of $12,300.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the cn aforementioned mortgage. w2 0 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 n record. `D This Satisfaction of Mortgage was approved by the Board of County Commissioners on - Mi ,2016,Agenda Item Number oi0 m ca ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA 46 By: By: ,DEPUTY CLERK Chairman Donna Fiala,District I Commissioner Approval for form and legality: ra Je er A. o Assistant County Attorney � SO ^\ w2 ..; U (Er) Packet Pg. 1335 16.D.6.a 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 ri Mortgage executed by Miguel Garcia aka Miguel Garza to COLLIER COUNTY, a; dated 10/13/06 and recorded on 01/03/07 in Official Records Book 4163 Page 3094 of the Public Records of Collier County, Florida, securing a principal sum of $14,799.00 and u_ co 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. cc This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2016,Agenda Item Number c ti ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA o U, By: By: ,DEPUTY CLERK Chairman Donna Fiala,District I Commissioner Cil Approval for form and legality: y 1 ^ Jennifer A.Belpedio �9 0 �` Assistant County Attorney h � 4 d RS rr Packet Pg. 1336 16.D.6.a 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 ri Mortgage executed by Johnny Hall&Louise Hall to COLLIER COUNTY, a; dated 03/08/2006 and recorded on 08/15/2006 in Official Records Book 4088 Page 4099 of the Public Records of Collier County, Florida, securing a principal sum of $15,350.00 and t� certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. 5 O COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2016,Agenda Item Number c as rn ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA U) By: By: ,DEPUTY CLERK Chairman Donna Fiala,District I Commissioner cts 4- Approval for form and legality: ca Jennifer A.Belpedio 2 Assistant County Attorney 0 U CA. Packet Pg. 1337 16.D.6.a 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 C° 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Viola Preston to COLLIER COUNTY, dated 04/19/2006 and recorded on 09/15/2006 in Official Records Book 4106 Page 0920 of the Public Records of Collier County, Florida, securing a principal sum of $17,077.00 and cn certain promises and obligations set forth in said Mortgage, upon the property described in the w aforementioned mortgage. 2 O 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 co record. co This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2016,Agenda Item Number c w a R c. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner cC Approval for form and legality: as cn Jennifer A.Belpedio •• Assistant County Attorney , • _ dc.; E t U c6 ,.r Packet Pg. 1338 I6.D.6.a 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 0 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain ri Mortgage executed by Cristino V Reyes&Juana M Reyes to COLLIER COUNTY, , dated 08/30/06 and recorded on 09/29/06 in Official Records Book 4114 page 1226 of the Public Records of Collier County, Florida, securing a principal sum of $17,200.00 and u_ certain promises and obligations set forth in said Mortgage, upon the property described in the w aforementioned mortgage. 2 0 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 u" record. ca This Satisfaction of Mortgage was approved by the Board of County Commissioners on - M ,2016,Agenda Item Number a; 0 a> ATTEST: I BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA o N By: By: c o ,DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner o ra Approval for form and legality: N Ts' N Ili Jennifer A.Belpedio Assistant County Attorney 5 ,t-19 O 2 .1\9- U cC r Q Packet Pg. 1339 INSTR 4489898 OR 4618 PG 1313 RECORDED 10/27/2010 2:59 PM PAGES 7 16.D.6.b DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.35 $52.50 REC $61.00 OBLD 514,995.00 OBLI $0.00 MORTGAGE THIS MORTGAGE("Security Instrument")is given on October 18, 2010. The Mortgagor is: Lucia M. Eacobedo, 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 Lenderthe sum of Fourteen Thousand Nine Hundred Ninety-Five Dollars and 00/100 ($14,995.00), This debt is evidenced by Borrower's Note dated the same date as this Security Instrument f'Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption.This Mortgage will be forgiven at the five(5th)year anniversary date of mortgage.This Security Instrument secures to Lendee(a)the repaymentof the debt evidenced by the mortgage,and all renewals, extensions and modifications;(b)the payment of all other sums,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 Mortgage For tD this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. T- M Tm More particularly described as: Lot 3, Block A, Traf ford Moblie Estates, an unrecorded subdivision more particularly described as follows: Commencing at the West S O O corner of Section 32, Township 46 South, Range 29 East, Collier County CL Florida. Folioff 00079240008 tL LA Address: 1022 Ringo Lane Immo e r da 34142 W g SJ (8• Dra .� (Street) t ; _ S q (Zip) 0 , TOGETHER WITH all the improve w or hereafter-eke the property, and all easements,rights, I appurtenances,rents,royalties,mineral,o'*2E,addghts and profits,water)r g 'an stock and all fixtures now orhereaftera part .. of the property.The Security Instrument hall iso cover all replacements and a dltlo .All of the foregoing is referred to In this ID Security Instrument as the"Property". \-------r"\ t.. BORROWER COVENANT that, orrower -awf Hy seized f the pro erty escribed above,and has the right to to mortgage,the Property and that the Ptiope ' y. .i •=• •s rd rro rwarrants and will defend generally the title to the Property against all claims/and m u•a to: 1` • /ore d. THIS SECURITY INSTRUMEN o bine un fo or' al sea d non-uniform covenants with limited N variation byjurisdiction to constitute f e i I I, n�j• ering •ro•• • �} 9 . UNIFORM COVENANTS. edo/•e Len ar o�ve '!w d a. '=as f.lt t: 1. TERMS: The Borrower)of tt IVArtgage have been grantee `Def rre• --payment CB Loan,'the terms of which are intended tQ Os re that any Home Ines t-P- •/ct(HOME)funds utilized to facilitate the 'C rehabilitation of this Property arerecaptu'r utilized to assist anothe'l girt.• 'home owner with rehabilitation unless the affordability requirements are met. The terms of this Mortgage cid ng� rpt, kg_�. •nts be made as tong as the makers 2 comply with the following conditions andp�''sibn : 0 I Borrower shall occupy the Property as their principal residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result In foreclosure. The Borrower shall be C required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year w occupancy and annually until the end of the Five.wear amortization period. Such proof shall include:proof of homestead E exemption,copies of paid receipts for taxes and insurance,and copies of insurance certificates for owner-occupied Property listing S Collier County as Mortgage Holder. If the Borrower fails to provide sufficient proof of occupancy In a timely manner,the Lender U may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the Co principal amount of this Mortgage. y'•-''.• In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Q Property which is subject to the Mortgage priorto fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender priorto granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies.The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an Independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)priorto expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates priorto the accrual of any penalties or Interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with 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 principal due;and last,to any late charges due under the Mortgage. . Page 1 of 4 Packet Pg. 1340 16.D.6.b OR 4618 PG 1314 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 issuance 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 Mortgage 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 LO replacement cost of the Premises,exclusive of footings and foundations. r All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender py shall have the right to hold the policies and renewals,If Lender requires,Borrower shall prompttygive to Lender all receipts of paid it— premiums and renewal notices.In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender Cf) may make proof of loss if not made promptly by Borrower. O Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of OC the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened.If the restoration LI- or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums In secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the W Property,or does not answer within 30 days a notice frotn.Lender-that the insurance carrier has offered to settle a claim,then 2 Lender may collect the insurance proceeds.Lendeynta qna irt� e to.r pairorrestorethePropertyortopaysumssecured by this Security Instrument,whether or nottherydir . Jt)-deyper4Ct tteginwhenthenoticeismailed.Unless Lender and 0 Borrower otherwise agree in writing,any appleproceeds to print p aha not extend or postpone the due date of the I un monthly payments referred to in paragraph` . ange the amount of the t(Yn . If under paragraph 21 the Property is •• acquired by Lender,Borower's right to any insdmmgglicies and proceeds retulting from damage to the Property prior to the t) acquisition shall pass to Lender to the extent oftlijumssectrredbythi ecurityl'rtstrurgentimmediately prior tothe acquisition. r- 6.Occupancy, Preservati n,fgaintenaneeka Rtotectio of the''rop rty;Borrower's Loan Application, Leaseholds.Borrower shall occupy, sta is aettek o se ... 'ncial residence within sixty days after the execution of this Security Instrument nd II oft Geo )Pr.p: -t B rrower's principal residence for at least the N affordability period r after the date of o up ncy,unl?ss Leh.erlo e to gre$s in writing,which consent shall not be N unreasonably withheld,or unless exts iytatih c�stanr�S CXis vtth are•'yohd Bopoyyer's control.Borrower shall not destroy G) damage or impair the Property,allows t eAroei to dee eflorate,or cojnmit weste o tfigr roperty.Borrower shall be in default if any forfeiture action or proceeding,wh�ter Civil or criminal,is begun the in Leder gbo faith judgment could result in forfeiture �,,, of the Property or otherwise materially fhigp kthe lien created by this SO jrrity istpufngnt or Lender's security interest Borrower 0 may cure such a default and reinstate,es p }4ed in paragraph 18,by bsjpg t a ion or proceeding to be dismissed with a ruling that,in Lenders good faith determination ectudes forfeiture of the Be obre s interest in the Property or other material E impairment of the lien created by this Securityly rur[g�ynt or Lender's..stc,o iity ,terest. Borrower shall also be in default if t,{,f Borrower,during the loan application process,gaaf mate ielrly4else n�ac,;�o�uf to nforrnationorstatemenstoLender(or failed to ^Z provide Lenderwith any material information)in colneptiot(,yuiih he J s"tdenced by the Mortgage,including,but not limited to, 0 representations concerning Borower's occupancy of the—Property—at a principal residence. If this Security Instrument is on = leasehold,Borrower shall comply with all the provision of the lease.If Borrower acquires fee tile 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 d 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 E and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may V include paying any sums secured by a lien,which has priority over this Security Instrument,appearing In court,paying reasonable RI 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. . B. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect.If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower 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,director 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 be paid to Borrower,In the event of a partial taking of the Property in which the fair market value of the Properly immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and 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 Borrowerotherwseagree inwriting,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. Page 2 of 4 Packet Pg. 1341 OR 4618 PG 1315 16.D.6.b 11.Borrower Not Released,Forbearance by Lender Not a Waiver.Extension of the time forpaymentormodification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in Interest.Any forbearance by Lender in exercising arty 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 underthe Note or by making a direct paymentto Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge underthe Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given bydelivering'tor bymailing 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. Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument. In the event that any provision or clause of this Security Instrument or the Note conflicts with 01 applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect 0 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, re LL 17.Transfer of the Property ora Beneficial Interest In Borrower.If all or any part of the Property or any interest in it 0 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 -ut :•'.to payment in full of all sums secured by this Security W • Instrument. However,Lender shall not exerciserlhi` :•. f-•_- a of the date of this Security Instrument prohibits E exercise. If Lender exercised this option,Len e•Bo i � leration.The notice shall provide a period of 0 not less than 30 days from the date the no i ell 'Bred or mailed wi wfrk Borrower must pay all sums secured by this = Security Instrument If Borrower fails to p y( . sums prior to the expiratio l it. eriod,Lender may invoke any remedies permitted by this Security Instrument wl out f} rernatice.or demand on Borr r. to 18. Borrower's Right to R Instate.'11,13o ow6rrneets-a -in con ions,Borrower shall have the right to have N. enforcement of this Security Instrum'st di continued etlaJ)ytlme prior .the ear'er o t(a)5 days(or such other period as 0 applicable law may specify for reinstateme t sate T`,'t, r•' •` a :n S'ny perofsalecontainedinthisSecurity ,� Instrument;or(b)entry of a judgment nfo ngii his c I'�'pns m= h,se r• d�tions re that Borrower.(a)pays Lender all sums which then would be due and this edurity I st m¢nt d; - Maps f n a 'leration had occurred;(b)cures and default of any other covenants or agr p t a1LExp�le" .1 t v incurred in enforcing this Security Ins (Tent,inc uding,bu not limite• •,reasbnabl cit$ ey'sfees;and(d)takes such action as I Lender may reasonably require to ass e#h t the lien of this Security I* .mart, tV1 s rights in the Property and Borrower's 13) i obligation to pay the sums secured by rity Instrument shall••-1 is e ale . Upon reinstatement by Borrower,this •C Security Instrument and the obligations s•ytttsh ereby shall remain full e l Ci,?„)." no acceleration had occurred.However, 0 this right to reinstate shall not apply in the e o leration under pareq 17 19. Sale of Note;Change of Loen,Saer..j e Note o ark erest In the Note(together with this Security W Instrument)may be sold one or more times withoulpCriq� i}�eer ' e may result in a change in the entity(known as the"Loan Servicer")that collects monthly paymentsbee ihderthe NYdt an this Security Instrument There also may be one or 0 mom changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be •I 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. N 20.Hazardous Substances.Borrower shall not cause or permit the presence,use,disposal,storage,or release of any i Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property E that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the U Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses 0 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 Q Substance or Environmental Law of which Borrower has actual knowledge.If Borrower leams,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 ail 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 process 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. Page 3 of 4 Packet Pg. 1342 OR 4618 PG 1316 16.D.6.b (Check Applicable Box) ❑ Adjustable Rate Rider U Rate Improvement Rider U Condominium Rider fmi Graduated Payment Rider u 1-4 Family Rider 11 Second Home Rider ❑ Balloon Rider ❑ Biweekly Payment Rider 0 Planned Unit Development Rider n u Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivere 'n the res ce of: Witness Signature: Signature: �� C4ce SS /� �, �� rowerLui i ecobedo Witness Print Name: Signature: Borrower Witness Signature: 2S1r Witness Print Name: f Seti I A. DO r t a- Address: 1024 Ringo Lane c- -PY Immokalee, Florida 34142 M STATE OF FLORIDA e— COUNTY OF COLLIER aj O at: LL tf) 111 I hereby certify that on this/d day of"-f7 Y!d9?Q✓'}=7---,2010 before me,an officer duly authorized in the E state aforesaid and in the county aforesaid t9Sat cknowledgements,perso0 I-ppeared Lucia M. Eacobedo tome I known to be the person(s)described in and wtro exectltedthe forego>ng jpstru em nt and acknowledged before me that HE/SHE/ LI, 1 ls� \ THEY executed the same for the purpose tje,3,1aeypres t; I — �l ! S cn WITNESS my hand and official seal; -� o4nty add Sttat,,,, I=..,.._,___,.--,, res'id this (, � N ��'LL ... i..",.„i as My Commission Expires: r t lIl&t--.Q yI`..`. Notarybli9 Si nature _'1 ( -4.) 9 /� --r Yl t'r L 0e7C •,, `"r Notary's Printed, pie--'^-- e -`',- ),'41,`"" W (SEAL) \.;/..1 d -11-:),--:--:-' 0 _� S` PRISCILtA DORIA „���y1`;� Comm#000891636 ail;t Expires 5120/2013 C `yEc.eo;� Florida Notary Asan.,Inc N x ui E U as Q Return to: Collier County Housing,Human&Veteran Services Residential Rehabilitation Program 3301 E.Tamiami Trail,Bldg H#211 . Naples,FL 34112 Phone: (239)252-4663 Project# HM09-10-003 Page 4 of 4 Packet Pg. 1343 1 16.D.6.b 4251389 OR: 4420 PG. 2577 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/16/2009 at 10:53AK DWIGHT B. BROCK, CLERK DBLD 12300,00 Project Number NM 07-08-006 DELI 12300.00 MORTGAGE RBC FEB 35.50 DOC-.35 43.05 THIS MORTGAGE("Security Instrument")is given on January 13,2009 The Wingagor is: HOUSING E HUMAN SERVICES Florence Horton,a single woTj18'ipOFFICB/BLDG H 1211 ATTN: PRISCILLA DORIA BIT 5312 ("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 3050 North Horseshoe Drive,Suite 110,Naples,Florida 34104. Borrower owes Lender the sum of Twelve Thousand Three Hundred and 00 1100($12,300.001. This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption.This Mortgage will be forgiven at the fifth(5th)year anniversary date of mortgage.This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,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 Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularty described as:The North 50 feet of the South150 feet of the parcel described as: Commencing at the North one-quarter corner of Section 9,Township 47 South,Range 29 East,Collier County,Florida;Thence southerly 1048.68 feet along the center of said Section 9;Thence easterly and parallel with the South Boundary of Block 2,Palmetto Park,as recorded in Plat book 5,Page 4,of the Public Records of Collier County,Florida,200.feet to the point of Beginning;Thence continue easterly 250.37 feet; Thence Northerly and parallel with the West Boundary of Palmetto Park,Block 2,250.00 feet;Thence CO Westerly and parallel with the Southerly and parallel with the center of said Section 9,250.00 feet to the point of Beginning.Subject to an easement over the East 30 feet for road-right-of-way. Folioff00133840001 Cr; 0 and which has the address of:505 8"'Street,Immokalee,Fl 34142 d' ti. Cf) TOGETHER WITH all the improvements now ox-hereafter erected on the property, and all easements, rights, WI appurtenances,rents,royalties,mineral,oil and gas.d ' irc1ti 14, and stock and all fixtures now or hereafter a part WW, of the property.The Security Instrument shall al©�'.FoIJ O Security Instrument as the"Property'. - _ BORROWER COVENANTS th ower is lawfully seized of th Openly described above,and has the right to mortgage,the Property and that the Prop iaynencurpbered,except f of reco .Borrower warrants and will defend generally the title to the Property against all claims a demon subject-te-enyen4 brances�of rerd. THIS SECURITY INSTRUM T combines u f.rm,pre enants ff rnationa�use p`d non-uniform covenants with limited ip variation by jurisdiction to constitute a inifo Ni'ty'• .••e pa rty. t r UNIFORM COVENANTS. Bono r-nd 1= v d.r.• ' n d. olIows:i `r 1. TERMS: The Borrower)of this rtg,ge Leve been• nt D`fe d RRpa ent d Loan;the terms of which are intended'‘ r' -1-• • - nye d. ent P1n rshr;4c(HOME)funds utilized to facilitate the CD rehabilitation of this Property are reca t4dt(an••I ized .. silt ano''-r lowertincorr(e p a owner with rehabilitation unless the co affordability requirements are met. ` r I 1 ti,/ O The terms of this Mortg 'Nfgnot require that iayr#t��tss-p, e made as long as the makers comply with the following conditi s provisions: /' f.,?-_ *„” /� W Borrower shall occupy the Property as i�rp s I srrgttde,;Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal o r is can result in foreclosure. The Borrower shall be 0 required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year occupancy and annually until the end of the five-year amortization period. Such proof shall include:proof of homestead .i-.: exemption,copies of paid receipts for taxes and insurance,and copies of insurance certificates forowneroccupied Property listing d Collier County as Mortgage Holder. If the Borrower fails to provide sufficient proof of occupancy in a timely manner,the Lender may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the ; principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the at Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount w of this Mortgage shall become immediately due and payable. Q The Borrower shall not refinance the indebtedness secured by this Mortgage,The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies.The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with 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 principal due;and last,to any late charges due under the Mortgage. 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 Page 1 of 4 Packet Pg. 1344 1 16.D.6.b OR: 4420 PG: 2578 promptly furnish to Lender at notices of amounts to be paid under this paragraph,and at 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 issuance 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 Lenders rights in the Property in accordance with paragraph 7. At all times that the Mortgage 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 e- or repair is not economically feasible or Lenders security would be lessened,the insurance proceeds shall be applied to the sums el secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the it- Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then pj Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured O by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is mailed. Unless Lender and CC Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the 1.1- monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is Cl) acquired by Lender,Borrowers right to any insurance pJriesand.pro-needs resulting from damage to the Property prior to the LU acquisition shall pass to Lender to the extent of the surtis> te�8y( r �Irity Instrument immediately prior to the acquisition. 2 6.Occupancy, Preservation, Mainteiq'aike\ar otettifi f'the Property; Borrower's Loan Application, Q Leaseholds.Borrower shall occupy,establi , jise the Property as B p>S principal residence within sixty days after the = execution of this Security Instrument and sft ctntinue to occupy the Prope 'Borrowers principal residence for at least the affordability period r after the date of occup�nngy, unless Lender otherwise reek,in writing,which consent shall not be Lo unreasonably withheld,or unless extend'atingargtmstanceeexistwhiclr' re beyon'4Boreewers control.Borrower shall not destroy he damage or impair the Property,allows,he Ptoper yfofoTe,etc riy9te.,or commit waste On the roperty. Borrower shall be in default if O any forfeiture action or proceeding, therrc 'rein ti b l,ar r d ood+faithjudgment could result in forfeiture .r,.. of the Propertys � or otherwise material) imp r the h lied d# i`s ec�+nt;y Ins rt�ent�Lender's security interest. Borrower may cure such a default and reinstat4,as rovided i p ragrap}8! y-caust(ig�'. a actionior proceeding to be dismissed with a ruling that,in Lenders good faith det tr+ti to s o ltur bf the,dor we fsmitArest in the Property or other material Z� impairment of the lien created by thi:Be�uiitn y ns ru or L`etlti0s se ru�1 rote1/ Borrower shall also be in default if03 Borrower,during the loan application pSoges‘,gave materially false or`it ccurale infotriation or statements to Lender(or failed to - provide Lender with any material informetitpt in connection with the loo wde`ced i",,Mortgage,including,but not limited to. r' representations concerningBorrowers q of the P cY Property ash ence. If this Security Instrument is on 2 leasehold,Borrower shall comply with all t rro 'on of the lease. If Borrower ufr‘s fee title to the Property,the leasehold and the fee title shall not merge unless Lender a'gr(7 merger in wn ,/,/ W 7. Protection of Lender's Rights'ln�the rty:-If' o Ov�cer ails to perform the covenants and agreements 2 contained in this Security Instrument,or there is a al-&e tint y significantly affect Lenders rights in the Property 0 (such as a proceedingin bankruptcy, regulations), may p cy,probate,for condemrlationvrfo�ture or to enforce laws orthen Lender 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 G attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender N does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower E secured by this Security Instrument. , ,>_ 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this al al 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 altemate 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 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 and 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 I 11.Borrower Not Released,Forbearance by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall Page 2 of 4 Packet Pg. 1345 16.D.6.b OR: 4420 PG: 2579 not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the 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. Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument In the event that any provision or clause of this Security Instrument or the Note conflicts with M applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect a-- without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. Ql 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. p 17.Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it IY is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without IJ- Lender's yLender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Cl) Instrument. However,Lender shall not exercise this roptiorrif-fede aw as of the date of this Security Instrument prohibits W exercise. If Lender exercised this option,Lender spat rc it }}� acceleration.The notice shall provide a period of not less than 30 days from the date the notice' l a errnailetTf� ' w�' Borrower must pay all sums secured by this O Security Instrument. If Borrower fails to pa s prior to the expi o is period,Lender may invoke any remedies 2 permitted by this Security Instrument with t h r notice or demand on Bo er. 18. Borrower's Right to Re) sta . r meets certain co itions,Borrower shall have the right to have iA enforcement of this Security Instrumet dis nttju ata ' f"to the a lier Of:(a)5 days(or such other period as n, applicable law may specify for reinstat¢men before salg'•f t.- •roperty rsuant t•any power of sale contained in this Security tC Instrument;or(b)entry of a judgment nfo i -r .•. vL ••• - nr••'tionslare that Borrower:(a)pays Lender all `—� sums which then would be due under this e n st nt- . yt- ori a. n•acceleration had occurred:(b)cures and default of any other covenants or agr m ts; c)• p V. incurred in enforcing this Security Ins ,1 n i. • -o to,re. on,.le attordey's fees;and(d)takes such action as Ca Lender may reasonably require to a ra t the lien orfhis Secun •strum- t, efrd f rights in the Property and Borrowers 03 obligation to pay the sums secured by curity Instrument shall co ue u ch h ed Upon reinstatement by Borrower,this C Security Instrument and the obligations a ri�dd hereby shall remain fut',- e-ive' s'i o acceleration had occurred. However, o this right to reinstate shall not apply in the bf acceleration under pa'agc'p 19. Sale of Note;Change of L• n, 'car. The Note or a p m st in the Note(together with this Security Instrument)may be sold one or more times otice to Borro r-A'sa may result in a change in the entity(known as W the"Loan Servicer")that collects monthly payme dry •ra r art Security Instrument.There also may be one or E more changes of the Loan Servicer unrelated to a sa e b .d e_ a is a change of the Loan Servicer,Borrower will be 0 given written notice of the change in accordance with paragraph I• nd plicable law.The notice will state the name and address I of the new Loan Servicer and the address to which payments should be made.The notice will also contain any other information 4.3 required by applicable law. C 20.Hazardous Substances.Borrower shall not cause or permit the presence,use,disposal,storage,or release of any W Hazardous Substances on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property E that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the V 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, r 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 process 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. Page 3 of 4 Packet Pg. 1346 16.D.6.b '** OR: 4420 PG: 2580 *** (Check Applicable Box) u I-1 71 Adjustable Rate Rider LI Rate Improvement Rider u Condominium Rider u F-1 n Graduated Payment Rider u 1-4 Family Rider a Second Home Rider u Balloon Rider U Biweekly Payment Rider 1--I Planned Unit Development Rider n U Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and deliver in th presence of: �- Witness Signature: ry !1771..--- Signature:/t`7. . Borrower lorence Horton CO Witness Print Name: • Ry •et CS Signature: er- Borrower Witness Signature: AIM e- � Witness Print Name: • _ I. $• Address: 505 53 s`° Street ofC immokalee, Fl 34142 lce LL CO STATE OF Florida W COUNTY OF Collier = ~rte ^�" �._ :, ;�',tw. 's 2 \ Lt) > � ''-- r \ N- I hereby certify that on this day,before mel o(?'r duly aW or¢ed ir\t+ne state aforesaid and in the county aforesaid to if ( { 1 1 (11--/ \) I i d take acknowledgements,personally aP(aea 46¢filo[ hce f t0 m•¢knownr jt_o I.e thejperson(s)described in and who executed r) c_._. ;n.-:t ct the foregoing instrument and acknowl�ed before me that HE/SHE/THEY executed t lame for the u 9 purpose therein expressed. i 0 �'�` t 2 WITNESS my hand and official a in he' buri State—said this' t`dd j of ,2009. • W My Commission Expires: AP �� ' J," C\---: .%� N Public's it t i.� _i.- 0 - I1ao I (j�SCILLA DONA Notary's Printed Name w Notary Public,State of Fluids E My comm.exp.May 9,� -� U Comm.No.DO 421346 cc Q Return to:Collier County Housing&Human Services Single Family Rehabilitation Loan Program 3301 E.Tamiami Trail,Bldg H,Suite 211 Naples,FL 34112 Project# HM 07-08-009 I Page 4 of 4 Packet Pg. 1347 Pet!! 3954393 OR: 4163 PG: 3094 16.D.6.b OELE 1!1799.90 NOOSING & GRANTS CEDG RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL GELD14 HORSESHOE DR 01/03/2001 at 02:59PN DWIGHT B. BROCE, CLERK 99.90 RSC PEE 35,50 ATTN: WENDY ELOPE DOC .3S 51.80 Project Number HM 06-07-10-004 MORTGAGE THIS MORTGAGE("Security Instrument")is given on_October 13,2006 The Mortgagor is: Miguel Garcia, a single man ("Borrower'). This Security Instrument isgiven to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3050 North Horseshoe Drive,Suite 110,Naples,Florida 34104. Borrower owes Lender the sum of Fourteen Thousand Seven Hundred Ninety Nine Dollars and 90/100(514,799.90).This debt is evidenced by Borrowers Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption. This Mortgage will be forgiven at the fifth(5th)year anniversary date of mortgage. This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,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 Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as: Lot 42,Block 4,Trafford Pine Estates,Section One,according to the plat in Plat Book 10,pages 99 and 100,Public Records of Collier County,Florida. Folio# 77162680003 1208 N 181°St lmmokalee,Fl 34142 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, ettli appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part a— of the property.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this tvj Security Instrument as the"Property'. a— BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to O) mortgage,the Property and that the Property is unencumbered,except f of record.Borrower warrants and will defend generally the 0 title to the Property against all claims and demands,subject to any encumbrances of record. W THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited u. variation by Jurisdiction to constitute a uniform security instrument covering real property. CO UNIFORM COVENANTS. Borrower and ernierrm�oov agree as follows: W 1. TERMS: The Borrower)of this Mort h �3han a famed Repayment ,S` Loan;the terms of which are intended to en a omeInvest cy , ership Act(HOME)funds utilized to facilitate the 0 rehabilitation of this Property are recaptur /a; ,u ized to assist another On me home owner with rehabilitation unless the = affordability requirements are met. it .. / 7t to The terms of this Mortgage d� re• -re that payme+ts a made as long as the makers co comply with the following cpndiii 'si.. f 11��� ` Borrower shall occupy th Pro as t :ir.ri 'p.1 •.- ce.\S .le noo the Property is not allowed even on a temporary basis. Failure to abide ytt 4pri)rd, I. .- .Lremer •,n tin foreclosure. The Borrower shall be a) required to submit proof of principal ccu ncyToCollier ounty on annul.asi-tSis§)nningonthe anniversary ofthefirst-year tC occupancy and annually until the en ,�Ltt( ten-year amortization pe Su. p. s¢ II include:proof of homestead exemption, copies of paid receipts for taxes and ce,and copies of insu ifi r• r owner-occupied Property listing Collier County as Mortgage Holder. If the Bo v>e ails to provide sufficien p'••.• p ancy in a timely manner,the Lender may contract with an independent title comp fio�tlerform the necessary title -•ge!tif}tation,the cost of which will be added to the principal amount of this Mortgage. O'., j/ ill In the event the Borrower cease n all r)�[a r in anymanner dispose of all oraportion of the P S Po0 Property which is subjecttotheMortgagepriorto A e dtheendoftheamortization,thentheprincipalamount 0 of this Mortgage shall become immediately due and pay to I ! The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the c HOME monies.The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, co reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of E money. "s_ The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any V tal manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced Z( incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser'. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with 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 orathergovernmental 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 principal due;and last,to any late charges due under the Mortgage. 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 Me 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 issuance of notice. Page 1 of 4 Packet Pg. 1348 _ F 16.D.6.b OR: 4163 PG: 3095 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 Mortgage 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 polices and renewals shall be acceptable to Lender and shall indude a standard mortgage clause.Lender shall have the right to hold the polities 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 carver has offered to settle a daim,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 phnclpal 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 polities and proceeds resulting from damage to the Property prior to the C4 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, M Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after theCri execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least the affordabilityperiod r after the date of occupancy, unless Lender otherwise agrees in writing,which consent shall not be W, unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy LL damage or impair the Property,allows the Property to deteriorate,or commit waste on the Property.Borrower shall be in default if N any forfeiture action or proceeding,whether civil or criminalois.begun that in Lender's good faith judgment could result in forfeiture W of the Property or otherwise materially impair the lierrer,. ty Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provi e t rJ) r •• ing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determinatigma ides forfeiture oTfth,, Br's interest in the Property or other material impairment of the lien created by this$eo rt'yelhstrument or Lender's secueVinterest. Borrower shall also be in default if Borrower,during the loan application p ocess/gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any materialinforniationf inpo nnection.wlthlhejoanevidencedbytheMortgage,including,butnotlimitedto, representations concerning Borrower's occu ato r'of-tt{e Property as principa residence. If this Security Instrument is on tip leasehold,Borrower shall comply with all thhe evisio�of#Uie.teese-tf$QQisower fres fee title to the Property,the leasehold and r the fee title shall not merge unless fiender,agree$Adthaerge I�y iti rig \ /r 7. Protection of Lendei's R ghts in the Pro �!wit-6 er Burs to perform the covenants and agreements y contained in this Security Instrumetl.ar ft<err is }egal pin irig_that m y `gni leantJy affect Lender's rights in the Property (such as a proceeding in bankruptcy�p@t8;forcondemni{or'rorforfeitureaertrrer)grsetaws or regulations),then Lender may do and pay for whatever is necessary to,�rrootect the value of the Propert Ind Lehder's rigf)ts in the Property. Lender's actions may 137 include paying any sums secured by aJre„ry Which has priority over this itcurify!r!raiment,idnt,appearing in court,paying reasonable attorneys'fees and entering on the P 'M make repairs. Although't ntlerfn+iy'take action under this paragraph 7,Lender 0 does not have to do so. Any amounts tiSbursby Lender under this paragrdpli y shall become additional debt of Borrower 2 secured by this Security Instrument. . �� <\,✓' W 8. Mortgage Insurance. If Lender requi gage•rfsyrrarreb)S.a condition of making the loan secured by this Security Instrument,Borrower shall pay the premibm rectirtd p?o jn a mortgage insurance in effect.If,for any reason.the 0 mortgage insurance coverage required by Lender lapses-or•.ceases-tb be in effect,Borrower shall pay the premiums required to y obtain coverage substantially equivalent to the mortgage insurance previously in effect,ata cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender.tf substantially equivalent mortgage insurance coverage is not available.Borrower shall pay to Lender each month a sum equal to one-twelfth of 0) the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. E 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) t1 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 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 and 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 by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Page 2 of 4 Packet Pg. 1349 I6.D.6.b OR: 4163 PG: 3096 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 wilt 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 orLender whengiven as provided in this paragraph. 15. Governing Law;Severability. Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument. 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 to Instrument. However,Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits e— exercise. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of c7 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 Ce permitted by this Security Instrument without further notice or demand on Borrower. C 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have DC enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as ty applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security (J) Instrument;or(b)entry of a judgment enforcing this Security-Inst nt.Those conditions are that Borrower:(a)pays Lender all w sums which then would be due under this Secudty-i itn ro' J.tote as if no acceleration had occurred;(b)cures and e2 default of any other covenants or agreementsr( i3�s t1J �" 0 incurred in enforcing this Security Instrumen((n, i g,but not limited`t�rbasooppb� le attomey'sfees:and(d)takes such action as = Lender may reasonably require to assur that lien of this Security Instru ef1t'L ndees rights in the Property and Borrower's obligation to pay the sums secured by is rm Instrument shall continue than ed. Upon reinstatement by Borrower,this Security Instrument and the obligati° se red) er y stiaft'receaiefel effective as iffio acceleration had occurred.However, N. this right to reinstate shall not apply i the se of as lerafi.-under p•ragraph),7. ca 19. Sale of Note;Chan of ' .-..,y1- . .. ' v resit in the Note(together with this Security Instrument)may be sold one or mor tim xi o rio n r.:t. :. . - A.:ce ay result in a change in the entity(known as the"Loan Servicer")that collects nthl a en du�ui d- e ,,t-a'.thi.S rit�Instrument.There also maybe one or w more changes of the Loan Service rice :,to:r I oj1 • •.ta If thea is.c altg4of the Loan Servicer,Borrower will be C) given written notice of the change in.... a •- 'th p raph •...app i.m.e I "‘; a notice will state the name and address rC of the new Loan Servicer and the ad. • which payments should, mad:.Th notti will also contain any other information required by applicable law. a-�,� O 20. Hazardous Substances.* wer shall not cause or peg preee,ce,use,disposal,storage,or release of any 2 i Hazardous Substances on or in the Prop: .B... -r shall not do,nor all a e else to do,anything affecting the Property lJJ that is in violation of any Environmental - .1-4 .ing two sentepc a of apply to the presence,use,or storage on the Property of small quantities of Hazardous Sub rice h- - - y r ized to be appropriate to normal residential uses 2 ! and to maintenance of the Property.Borrower it s y+.y r a written notice for any investigation,claim,demand, 0 lawsuit or other action by any governmental or regulato agency or private party involving the Property and any Hazardous Z Substance or Environmental Law of which Borrower has actual knowledge.If Borrower leams,or is notified by any governmental ,;"; or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, C Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.As used in this paragraph 20, CD • . "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following E i substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, .0 materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law" ea ro means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental ! protection. Q 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 i judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and I the right to assert in the foreclosure process 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. Page 3 of 4 Packet Pg.1350 1 I6.D.6.b *** OR: 4163 PG: 3097 *** (Check Applicable Box) r-m r-i r-t t---t Adjustable Rate Rider U Rate Improvement Rider U Condominium Rider r-t r-t r-1 U Graduated Payment Rider U 1-4 Family Rider U Second Home Rider r-t r, n U Balloon Rider U Biweekly Payment Rider U Planned Unit Development Rider rm U Others)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it, Signed,sealed and delivered in the presencetof: Witness Signature: Li) i Signature: Witness Print Name: �*e.l � ywe " z ' Borrower el=�C `Signature: N:32-)k. Borrower R/ Witness Signature.� ' ./..,,-;,---' Witness Print Name: -2-i.IA..)da c la rre-s Address:1208 N 18th St Immokalee Fl 34142 STATE OF Florida _ COUNTY OF Collier CID r M r Q) CD CY LL I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to rlt�j Ltet �_; W take acknowledgements.personally appeared - (DT;>\to me known to be the persons)described in and 5 who executed the foregoing instrument and*khoWledged before me that i9E"SHE/THEY executed the same for the purpose I / therein expressed. t� 7f c------,,—_ '1 t[) .4Ftr '�0 t C WITNESS my hand and official seal in eteul pficy Tate,gdr irhthis_ , ' �( My Commission Expires: __2t if 1 `cL:L...'= J K + Not _(bbl','s Si A U ) /"w! 0) Notary's “,...,,L..\.. ed me 1 z : /i'1 O (SEAL) `\4.\ - M j :, '�' = W 0 I " `-ft.s ' "_"`"" . 8moeuMY COMMISSION MAlmSSIOhNet DD Tae""rPW EXT I:ES:April 122(08 i' cn f; Return to:Collier County Housing&Grants a) O Single Family Rehabilitation Loan Program 3050 N.Horseshoe Drive,Suite 110 .= Naples,FL 34104 U co a"i Project# HM 06-07-10-004Q Page 4 of 4 Packet Pg. 1351 lets: 3886862 OR. 4088 PG. 4099 OBLD 15350,00 16.D.6.b HOUSING i GRABS CHDG RECORDED in the OFFICIAL RECORDS of COLLIE! COUNTY, It CHILI 15350.00 HORSESHOE DR 08/15/2006 at 08:12Ut DWIGHT E. BROCE, CLERK RIC EEE 35,50 ATTI: WINDI FLOP! DOC-.35 53.90 Project Number HM 05-06-007 MORTGAGE THIS MORTGAGE("Security Instrument")is given on 31 CI 101-0 The Mortgagor is: Johnny Hall & Louise Hall, husband & wife ("Bonmver').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 3050 North Horseshoe Drive.Suite 110,Naples.Florida 34104 . Borrower owes Lender the sum of Fifteen Thousand Three Hundred Fifty Dollars and no/100($15,350.001.This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage'),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption.This Mortgage will be forgiven at the ten (10)year anniversary date of mortgage.This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,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 Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as:Lot 15,Block 5,Mainline Subdivision,as recorded in Plat Book 1, page 98,of the Public Records of Collier County,Florida. Folio#56404560006 and which has the address of:416 Gaunt St Immokalee FI 34142 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.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this to Security Instrument as the'Property". BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to re; mortgage,the Property and that the Property is unencumbered,except f of record.Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. 0 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. W U.. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. TERMS: The Borrower)of this Mortgage ham-been.granted a`Deferred Repayment w Loan,"the terms of which are intended to ensure that J1 i(n tgi'nt Partnership Act(HOME)funds utilized to facilitate the rehabilitation of this Property are recaptured anduti1�d aeelsther/ -income home owner with rehabilitation unless the O affordability requirements are met. 1 / \ } _ The terms of this Mortgag'Eia.noLrequire that paymentts%be made as long as the makers comply with the following conditipnsiandprc 1 1S1rs>i t ti / \_-r".S — CO Borrower shall occupy th Proger yf�a�i i I piir-clgaT"-=11.e = -u ;ng o�the Property is not allowed even on a temporary basis. Failure to abide y the{priJrci . .. pen eclire. =-ts.= r-sult in foreclosure. The Borrower shall be required to submit proof of principal ccu to .Ill:r Cbu • or n ann :I.,rsis beginning on the anniversary of the first-year d occupancy and annually until the en Er car: ,. igy,ppriod. ....",. include:proof of homestead exemption, copies of paid receipts for taxes an i(reu nce,and copies of insurance ce Mica=*o owner-occupied Property listing Collier Crt County as Mortgage Holder. If the BorrOWer fails to provide sufficielproof of... cy in a timely manner,the Lender may .t contract with an independent title compafiy to perform the necessaryn(,lfg'r is Cron,the cost of which will be added to the O principal amount of this Mortgage. \.' -.'\ �. r .^ L In the event the Borrower cease,fpnpgpel occupancy,transfer yell r iry ny manner dispose of all or a portion of the W Property which is subject to the Mortgage prIo('t4itul t Iing,)_he agreeenrend of the amortization,then the principal amount of this Mortgage shall become immediately du'B'a�an.,d p�pplqile.r 1(la t....,- „/// The Borrower shall not refinance the indebtedrtets'secute>i bythis Mortgage.The Lender priorto granting approval shall 0 review the proposed refinancing in order to ensure that there—will-Fre sufficient equity after the proposed refinancing to recapture the I HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, j,; reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of N money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of -C the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced re incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the ..�.. date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such Q would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the auaJ of any penaltiems or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all i 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 principal due;and last,to any late charges due under the Mortgage. 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 issuance of notice. Page 1 of 4 Packet Pg. 1352 OR: 4088 PG: 4100 16.D.6.b 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 Mortgage 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,inducting 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 pnor 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 clays after the M execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least the affordability period r after the date of occupancy, unless Lender otherwise agrees in writing,which consent shall not be Cr) unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy 0 damage or impair the Property,allows the Property to deteriorate,or commit waste on the Property.Borrower shall be in default if LL any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture U.. of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower CO may cure such a default and reinstate,as providecj.r aph.1,' causing the action or proceeding to be dismissed with a W ruling that,in Lender's good faith determination,''prgc e rteit h e Borrower's interest in the Property or other material 2 impairment of the hen created by this S nty,�ip 'Urn-6f or Lena s(! cyr interest. Borrower shall also be in default if 0 Borrower,during the loan application p $t ve materially false or ina*`reteihtomiation or statements to Lender(or failed to 2 provide Lender with any material infommatiorltjir(connection with the loan evid8nced by the Mortgage,including,but not limited to. representations concerning Borrower' p3ncy o'US�&Rperty ess,a principal re§idence. If this Security Instrument is on leasehold,Borrower shall comply witti all th prdvrsrdhof the.iease.r Trower adquires fee title to the Property,the leasehold and I,- the fee title shall not merge unless �endei agrees.to, ergOJn Mi)ii p—., ;r \ tfa ic- 7. Protection of Lende s R gfi : e r pe B' ( s}to p'�rform the covenants and agreements contained in this Security Instrume t,or. a-is a'leg I p t t ay gnificandy affect Lender's rights in the Property te (such as a proceeding in bankrupt ,prcllu te,for r d m at( n or orfeitu r fo en4or laws or regulations),then Lender may do 0.) and pay for whatever is necessary t 'pro'i-... alu a and-enrler his in the Pro Lender's actions may CID t+3 include paying any sums secured by die which has priority over th ecun Ins tc�f��httt,appearing in court paying reasonable ay attorneys'fees and entering on the to make repairs. Althot h ,enderLr trake action under this paragraph 7,Lender t does not have to do so. Any amount YFiAtitgsed by Lender under theear grepq a4hall become additional debt of Borrower o secured by this Security Instrument. /r, 8. Mortgage Insurance. If Lenier quir d mortgage insur ncc'af yt`condition of making the loan secured by this W Security Instrument,Borrower shall pay the pre'nifein fequired ta.nairifam ffib,nfortgage insurance in effect.If,for any reason,the mortgage insurance coverage r uired byLend ,.L� r -y,}�bem effect,Borrower shall pay the premiums required to 9a9lrequired t.', e 0 obtain coverage substantially equivalent to the mortgage+nsuranoairre�ously in effect.at a cost substantially equivalent to the cost 2 to Borrower of the mortgage insurance previously in effect,from an altemate 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 -L' the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. 04 C 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 me option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires) provided by art insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to v maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in Co 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 Properly,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*le 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 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 and 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 by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors In interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, Page 2 of 4 Packet Pg. 1353 OR: 4088 PG: 4101 16.D.6.b 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 prepaymentdharge 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 Bass 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. Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument. In the event that any provision or cause 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,Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. If Lender exercised this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of LD 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 M 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 0 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 LUL Instrument;or(b)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower:(a)pays Lender all CO sums which then would be due under this Security Instrement.an_d the Note as if no acceleration had occurred;(b)cures and Ili default of any other covenants or agreements;(c).p I pp incurred in enforcing this Security Instrument,' u 'an��,baln "1461M~ nable attorney's fees;and(d)takes such action as Lender may reasonably require to assure Ina�6 thir ing* a Lenders rights in the Property and Borrower's 0 obligation to pay the sums secured by thjs Instrument shall contin unc h nged. Upon reinstatement by Borrower,this = Security Instrument and the obligations-SecDreil hereby shall remain fully eff ve a ,if no acceleration had occurred.However, •• this right to reinstate shall not apply irythe cifso accel`eratior ur earagrap 17.\ la 19. Sale of Note;Change of Loan 3� r. The Note or partial r tereat in the Note(together with this Security LO Instrument)may be sold one or mor:times p' Ce . : ay esult in a change in the entity(known as e— the'Loan Servicer" that collects m�mthl a i e d 7i �d r t d ri Instrument. There also maybe one or� { ' ___ more changes of the Loan Service unr 1=•to a al� thotl i a ang of the loan Servicer,Borrower will be v, given written notice of the change i .•,. •a .: ,ily phr raOhh nd app)ca lel " e notice will state the name and address of the new Loan Servicer and the a•••res to• . payment's shoo to m.•:. h fti will also contain any other information ro required by applicable law. I " / Cr) 20.Hazardous Substanc•1 rower shall not cause or r" t t e ,use,disposal,storage,or release of any O Hazardous Substances on or in the Pro.• •.Borrower shall not do,n'r II[w else to do,anything affecting the Property 0 that is in violation of any Environmental L<,. 'preceding two sentences al ' apply to the presence,use,or storage on the Property of small quantities of Hazardous .s.:, that are general) iz to be appropriate to normal residential uses W and to maintenance of the Property.Borower,. alt?p tly-give-_CQnde en notice for any investigation,claim,demand, 2 lawsuit or other action by any governmental or reg,l tikir-egiritiier"ph�e party involving the Property and any Hazardous O Substance or Environmental Law of which Borrower ha saeival.iinewl6age.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, C "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following 0 substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, E materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,'Environmental Law` L means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental 0 al protection. y,•, 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 Q 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 process 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 attorneys 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. Page 3 of 4 Packet Pg. 1354 *** OR: 4088 PG: 4102 t** 16.D.6.b (Check Applicable Box) r7 rt r-1 LI Adjustable Rate Rider u Rate Improvement Rider u Condominium Rider I--I Graduated Payment Rider u 1-4 Family Rider lI Second Home Rider i -i ri r-r L---1 Balloon Rider L--J Biweekly Payment Rider u Planned Unit Development Rider r—i u Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: . r Witness Signature: °% .. Signature' l� �� Borrowe •o•,. y T Hall �., Witness Print Name: ':�1. •• Signature: - G Borrower Louise M Hall Witness Signature: t���\nr,1 01.65/1 ,i �,� /1 r Witness Print Name: /0+'i ar.Jyr it k 1i Address: \ . x.,.-+.e r 4 .3-mrtpi-n1r_'GCt �vk4 STATE OF Florida COUNTY OF Collier S M l— O) CD Et co I hereby certify that on this day,before me_artoof"r uthorized in the state aforesaid and in the county aforesaid to W take acknowledgements,personally appear : x`��� \ o known to be the person(s)described in and 0 I who executed the foregoing instrument.ant knnowledged before me that I4SHEI0executed the same for the purpose .. therein expressed. in f ,` \ Cs-. WITNESS my hand and official seal in tt1 4unty nil State ''7'—Fs \' 14 jt a . CD'1 t /! to al My Commission Expires: ,._11340ti tett,_,( i O n ! (ts ` J11, / I >I:7)N ryPat3lib's i ure , �.% t ekrli- k. Notary's Print 'Name `, / 5 (SEAL) r`f'�` (_ ILI -.___.._-5,-- ¢r, ?- MY COMMISSION 100309746 _ EXPIRES:ADt112,2C°8 •r., 9ar71dfih'NoUN c Return to:Collier County FAH -- d Single Family Rehabilitation Loan Program E 2800 N.Horseshoe Drive,Suite 400 -C Naples,FL 34104 V to Project# NM 05-06-007 a Page 4 of 4 Packet Pg. 1355 Retn: 3902427 OR: 4106 PG: 0920 16.D.6.b HOUSING & GRANTS CBDG RECORDED in the OFFICIAL RECORDS of COLLIER COUNTI, FL OBLD 11017.00 HORSESHOE DR 09/15/2006 at 12:59PM DWIGHT I. BROCK, CLERK OBLI 11071.00 ATTN: WINDT KLOPF RIC FEE 35.50 Project Number HM 05-06-009 DOC-,35 59,85 MORTGAGE THIS MORTGAGE('Security Instrument-)is given on_April IS 2006_, The Mortgagor is: Viola Preston, a single woman ("Borrower). This Security Instrument is given to Collier Counts Mender),which is organized and existing under the laws of the United States of America,and whose address is 2600 North Horseshoe Drive.Suite 400.Naples.Florida 34104 . Borrower owes Lender the sum of__,,aeyeetegraggeieel Seventy Seven Dieters no/100(317.077.00) .This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property, refinance,or loss of homestead exemption.This Mortgage will be forgiven at the ten(10)year anniversary date of mortgage.This Security Instrument secures to Lender:{a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,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 Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as: The South 50 feet,of the East 201.05 feet,of the West 531.05 feet,of the North 198.5 feet,of the SW'A,of the SE'/., of the SW Y.of the Section 3,Township 47 South,Range 29 East,In Collier County Florida Folio#001170400005 and which has the address of:406 ll St SE Immokalee Fl 34142 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 CD 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'. Mit— BORROWER BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to mortgage,the Property and that the Property is unencumbered,except f of record.Borrower warrants and will defend generally the CD O title to the Property against all claims and demands,subject to any encumbrances of record. f:‘ THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited LL variation by jurisdiction to constitute a uniform security instrument covering real property. In UNIFORM COVENANTS. Borrower and Lendeceovenantand agree as follows: W 1, TERMS: The Borrower)of this Mortgage•hayeibikn tgd4"`Re�ferred Repayment terms Loan,'the of which are intended to enser8 a femelnv ep\�Partnership Act(HOME)funds utilized to facilitate the 0 rehabilitation of this Property are recapture¢ar jtiztd to assist anothertc r'jriU�me home owner with rehabilitation unless the = affordability requirements are met. / L ,/ \ The terms of this Mortgage do,moi`;rageire that-payments be matte as�long as the makers comply with the h- following conditions and provisior/s: r �� h- -...{ Borrower shall occupy the)Pro set Ir r rinCipe l�esreneyee S tj tting ofVthe Property is not allowed even on a temporary basis. Failure to abide y the ip400 pal..., pan Ireimer n result in foreclosure. The Borrower shall be required to submit proof of principal dwet tie .ynty bn` i annt l cb�cis pe jtnning on the anniversary of the first-year occupancy and annually until the end ten-yearamo zationperiod.Sudm Irrindude:proof ofhomestead exemption, to copies of paid receipts for taxes and err, ce,and copies of insuraf�a cer�lfica le owner-occupied Property listing Collier i5) County as Mortgage Holder. If the B fails to provide s Aficiert f f ncy in a timely manner,the Lender may r 0 contract with an independent title comp �iy_,tq erform the necessary tile non,the cost of which will be added to the principal amount of this Mortgage. �f �<' In the event the Borrower cease pn c occ pancy,trans�seti o7jn any manner dispose of all or a portion of the W Property which is subject to the Mortgage pno f)lifdli i 3tmrgr<ee eht'arid the end of the amortization,then the principal E amount of this Mortgage shall become Immediateljrdu6d payable;. 0 ,, The Borrower shall not refinance the indebtednes53ECUle by this Mortgage.The Lender prior to granting approval shall I review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, _ reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of 0) money. E The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any .0 manner dispose of all or a portion of the Property which is subject to this Mortgage prior to fulfilling this agreement and the end of 0 the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the 'h'' Q date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal bya State Certified Residential Appraiser.If there are no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AXI)all taxes and governmental charges of any kind whatsoever which may at anytime be lawfully assessed or levied against or with 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 principal due:and last,to any late charges due under the Mortgage. 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 issuance of notice. Page 1 of 4 Packet Pg. 1356 16.D.6.b OR: 4106 PG: 0921 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 carver 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 Mortgage 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 10 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 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 poor to the raI 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, M 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 Borrowers principal residence for at least the rn affordabilityperiod r after the date of occupancy, p cy,unless Lender otherwise agrees in writing,which consent shall not be 0 unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrowers control.Borrower shall not destroy, LL damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property.Borrower shall be in default if U any forfeiture action or proceeding,whether civil or criminal,is.begtln that in Lenders good faith judgment could result in forfeiture of the Property or otherwise materially impair the li nrr at b�! r Instrument or Lenders security interest. Borrower W may cure such a default and reinstate,as provrd iv paha p& � sl the action or proceeding to be dismissed with a 2c` ruling that,in Lenders good faith determinaf f ecke3es forfeiture.�t . viers interest in the Property or other material 0 impairment of the lien created by this Sen�nStrument or Lenders s-• 4 r erest. Borrower shall also be in default if = Borrower,during the loan application process, ave materially false or inaccur info ation orstatements to Lerder(orfailed to •• provide Lender with anymaterial info atiorYiin nnecU'iih.with..the to eviden by a Mortgage,including,but not limited to, Lf) representations concerning Borrowee s ocdupailt 7"ny-dge Property as principa rest nce. If this Security Instrument is on I" leasehold,Borrower shall complyw allt....© n fltlr"le ires title to the Property,the leasehold and the fee title shall not merge unless handgrL th erge i n'ti g 7. Protection of Lender`s Rin a ro rry I c, • r ils o pe orm the covenants and agreements ca contained in this Security Instrumen,' hiss a�i p i t that m y gni c)aot affect Lender's rights in the Property C (such as a proceeding in bankruptcy,.fib te,'orrton na o • 'eitura or regulations),then Lender may do tQ and pay for whatever is necessary to•o the value of the Prope d Lel der rig"fi in the Property. Lenders actions may p1 include paying any sums secured by a'eh' ich has priority over chi my in nt,appearing in court,paying reasonable = attorneys'fees and entering on the Pro = make repairs. Althoug ' nde byt ke action under this paragraph 7,Lender O does not have to do so. Any amounts drs by Lender under this pa ra`flh7shall become additional debt of Borrower 2 secured by this Security Instrument. . ' (:) W 8. Mortgage Insurance. If Lende re0.tui mortgage-M raft spa condition of making the loan seared by this Security Instrument,Borrower shalt pay the premiumirag(r ed2"rt 'l aic mortgage insurance in effect.If,for any reason,the 0 mortgage insurance coverage required by Lender lapsasorseases165e in effect,Borrower shall pay the premiums required to = obtain coverage substantially equivalent to the mortgage insurance previously in effect,ata 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 c the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. E 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) U provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to ca maintain mortgage insurance in effect,or to provide a loss reserve, until the requirement for mortgage insurance ends in Q 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)thetotal 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 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 and 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 by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any sur actor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Page 2 of 4 Packet Pg. 1357 OR: 4106 PG: 0922 16.D.6.b 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 terns 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 for by mailing it by first Bass 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 Borroweror 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 rp 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. C') If Lender exercised this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than a- 30 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security C) Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by Ca this Security Instrument without further notice or demand on Borrower. ce 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have Lt- 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 aT@ip a pursuant to any power of sale contained in this Security W Instrument;or(b)entry of a judgment enfordn s e.i)rioseeonditions are that Borrower:(a)pays Lender all 2 sums which then would be due under this Jnsfrument and thtNG(ef?a_i no acceleration had occurred;(b)cures and 0 default of any other covenants or agree ;, pays all expenses "'\.,J "\ I incurred in enforcing this Security InstrusrienetCluding,but not limited to,reasonableettomeys fees;and(d)takes such action as •• Lender may reasonably require to asspre th t tte Tien of this-Sec uity)n$trument\Lender's rights in the Property and Borrower's 11) obligation to pay the sums secured btlthis Secur)iylntsteime(rtghall con nue un nge%Upon reinstatement by Borrower,this Security Instrument and the obligate s s ured eb r 1 effegti s if n acceleration had occurred.However, r �. r this right to reinstate shall not I nth f as o er G n ra Art t 9 apply fxer.1 R P� 19. Sale of Note;Chan of oa Sar�jrnrcer. he of a p rti Int rest the Note(together with this Security y Instrument)may be sold one or mord ''me loyi''or0ioGceit B wer. s le r 3 Lr suit in a change in the entity(known as 0 the"Loan Servicer")that collects mo lh a s e-under is I to anal ' t Instrument.There also may be one or C/ more changes of the Loan Servicer related to a sale of the Note.T4there a art p of the Loan Servicer,Borrower will be given written notice of the change In a ce with paragraph 14 ar ppli bi he notice will state the name and address c,t of the new Loan Servicer and the addrr ich payments should bett,ir1 d . h' ' ice will also contain any other information 0 required by applicable law. \fr N. '- E 20.Hazardous Substances.BOrio�gr. II not cause or pe, ri(tL a pr once,use,disposal,storage,or release of any w Hazardous Substances on or in the Property.`'t i&6vver hall rwtdoi�1Qrck, a yone else to do,anything affecting the Property that is in violation of any Environmental Law.Tbepre ]iifij s 3t?tgrf s'shaii not apply to the presence,use,or storage on the 0 Property of small quantities of Hazardous Substanceslhat acageneratecognized 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 ••r governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of C which Borrower has actual knowledge. If Borrower learns,or is notified by any govemmental or regulatory authority,that any to 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. V As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by a--, Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic *+ pesticides and herbicides,volatile solvents,materials containing asbestos orformaidehyde,and radioactive materials.As used in Q this paragraph 20,"Environmental Lawn 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 defeat;(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 process 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 attorneys 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. Page 3 of 4 Packet Pg. 1358 16.D.6.b *** OR: 4106 PG: 0923 *** 24.Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded togetherwith 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 riders)were a part of this Security Instrument. (Check Applicable Box) _ n u Adjustable Rate Rider t- Rate Improvement Rider LJ Condominium Rider r-1 r t1 tJ Graduated Payment Rider U 1-4 Family Rider l—s Second Home Rider f'1 u Balloon Rider u Biweekly Payment Rider Planned Unit Development Rider r--1 u Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in arty rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: Witness Signature: .),..a Signature: C-d--i' eyj1L2? (''�}v� Borrower Viola Pr R1 ton Witness Print Name: P M\t `A�Sg-iii, Signature: t Borrower Witness Signature: f .i ((•�� L, l)} Witness s Print Name: O .'6 O ' tom` _ Address: 406 11'"St SE Immokalee FL 34142 CC STATE OF Florida M COUNTY OF Collier aiO Ct u. U) I hereby certify that on this day,bef e,': ; .•-P dUlyauti4d2Mthe state aforesaid and in the county aforesaid to J- 71".. "- take acknowledgements,personally apps O .---� ` 'to me'kitown to be the person(s)described in and I • who executed the foregoing instrument andkadsnowieQgec'befo>re rn at HE]S`HE/I I lEY executed the same for the purpose I,- therein therein expressed. y ii I if � it i� to WITNESS my hand and official seal ifi'fh.''Gg_ntrar4 _,eta �aid this t • j\r1'G� d My Commission Expires: ` -1� 1-1(0-k— ,,,�`'/ p Notary Puh4i o,at ��.� "",,,<N.E4,�f (SEAL) Notary's Printed N 2ti { %.- ;',i.i W . I '" MY COMMISSION.00309746 C ¢Fi'' EXPIRES:April 12,2006 Return to:Collier County FAH "• r,',„�•”' BalladTNuNWryHLkUndo/va,* = • Single Family Rehabilitation Loan Program 2800 N.Horseshoe Drive,Suite 400 as Naples,FL 34104 Q Project s NM 05-06-009 Page 4 of 4 Packet Pg. 1359 Retn: 3909968 OR: 4114 PG: 1226 16.D.6.b HOUSING E GRANTS CHUG RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL HORSESHOE DR 09/29)2006 at 03:06PN DWIGHT B, BROCK, CHRIS ATTN: WINDY hLOPF OBLD 17200,00 OBLI 17200,00 Project Number HM 05-06-022 III FII 35.50 MORTGAGE DOC-,35 60,20 THIS MORTGAGE("Security instrument")is given on Augustj`j2006. The Mortgagor is: Cristino V Reyes & Juana M Reyes, husband & wife ("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 3050 North Horseshoe Drive,Suite110,Naples,Florida 34104 . Borrower owes Lender the sum of Seventeen Thousand Two Hundred Dollars and no1100($17,200.00).This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption. This Mortgage will be forgiven at the ten(10)year anniversary date of mortgage.This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,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 Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as: Lot 14,Block C,Pinecrest Subdivision,as recorded in Plat Book 7, page 108,of the Public Records of Collier County,Florida. Folio#6682080004 and which has the address of:313 S 6"'Ct Immokalee,Fl 34142 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.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this Security Instrument as the Property. BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to mortgage,the Property and that the Property is unencumbered,except f of record.Borrower warrants and will defend generally the cn title to the Property against all claims and demands,subject to any encumbrances of record. O THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited re variation by jurisdiction to constitute a uniform security instrument covering real property. ly UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: Cl) 1. TERMS: The Borrower)of this Mortgage hay een-granted a'Deferred Repayment W Loan,"the terms of which are intended to ensure t aft_t-tn. n • G -artnership Act(HOME)funds utilized to facilitate the c2 rehabilitation of this Property are recaptured p ti ssrst a•'. •: • 'ncome home owner with rehabilitation unless the 0 affordability requirements are met. " _ The terms of this Mo age do_not-require that pay ents\be made as long as the makers Ln comply with the following co ditipnslandrowslorts \ I-- to Borrower shall occupy th Pro• :-1 ua-,ng o the Properly is not allowed even on a temporary basis. Failure to abide y th apri dp• p ncy -suit n foreclosure. The Borrower shall be rn required to submit proof of principal ":n.,to Ili r urqfty nann ;l•- itt,,i ning on the anniversary of the first-year occupancy and annually until the en f oh.1.r fiz$G....,,;ors. ...• j.l include:proof of homestead exemption, tCD 6 copies of paid receipts for taxes an ittUu-nce,and copies of insurrjce ce 'fica owner-occupied Property listing Collier County as Mortgage Holder. If the -r fails to provide suffider roof of•...a Icy in a timely manner,the Lender may t contract with an independent title co perform the necessary ff r: ._;jetUon,the cost of which will be added to the O principal amount of this Mortgage. r f ' L E In the event the Borrower ceas n occupancy,transfer�,s a PEif irony manner dispose of all or a portion of the w Property which is subject to the Mortgage pn •' If I =.theak�reemme an,. • end of the amortization,then the principal amount E of this Mortgage shall become immediately due`�anid ey te.c�"'.'I���� " 0 The Borrower shall not refinance the inde6te i 'se is Mortgage.The Lender prior to granting approval shall = review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, '•; reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of N • money. E The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subjectto this Mortgage prior to fulfilling this agreement and the end of U the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced r , incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the Q ' date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX1)all taxes and governmental . charges of any kind whatsoever which may at any time be lawfully assessed or levied against orwith 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 principal due;and last,to any late charges due under the Mortgage. 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 issuance of notice. Page 1 of 4 Packet Pg. 1360 16.D.6.b OR: 4114 PG: 1227 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 Mortgage 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 toss 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 tC 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, M 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 the 0 affordabilityperiod r after the date of occupancy, agrees in writing,which consent shall not be p p cy, unless Lender otherwise CCunreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy CC damage or impair the Property,allows the Property to deteriorate,or commit waste on the Property.Borrower shall be in default if ll) any forfeiture action or proceeding,whether civil or criminal,JB.h un that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien raa ed., W ty Instrument or Lender's security interest Borrower 11 may cure such a default and reinstate,as proyid`ed%n oaarr,. .. 8 ff usieg the action or proceeding to be dismissed with a ruling that,in Lender's good faith determin tion)`pr eld es forfeiture• i -Botrgwer's interest in the Property or other material 0= impairment of the lien created by this Seq tyAhstrument or Lender's seccuprty Interest. Borrower shall also be in default if Borrower,during the loan application prbces ave materially false orinaccueateinformationorstatements toLender(or failed to provide Lender with any material infortriatioirri,;co lfi f drzaofh a loan evidenced byd�the Mortgage,including,but not limited to, n representations concerning Borrowees occuparicjf"6f the pepperty s\a principal residence. If this Security Instrument is on tp leasehold,Borrower shall comply with all the pcayigion le se....t oaower ues"(ee title to the Property,the leasehold and •r- the fee title shall not merge unlesi end�a�q Iitd the tpeige i i~Vlrrit ig. \ 1 --- 7. � 7. Protection of Lends Bight?in the Prdpert,j. rrgwer`jailsito perform the covenants and agreements to contained in this Security Instrumr.or ere r�`I�glal_p4-oceedi that rfiay Signicayrtly affect Lender's rights in the Property C (such as a proceeding in bankrupt 'pr,,)1 tate,-€orcondemea iotrorfdrfeiturobr' erifotcellaws or regulations),then Lender may do rq and pay for whatever is necessary tgprotect the value of the Properly"land Lenders rr$ )s in the Property.Lenders actions may tT include paying any sums secured by argil which has priority over thiskcunty Ir9s nt,appearing in court,paying reasonable 'C attorneys'fees and entering on the Prory`to make repairs. Although'L2.9der rrta Sake action under this paragraph 7,Lender 0 does not have to do so. Any amountsIsbUr=s@d by Lender under this paragr�rph1 shall become additional debt of Borrower secured by this Security Instrument. . (:);',,,,,,,,,. /,<'`.., W 8. Mortgage Insurance. If Len er equr gage-irtt ragceafl a condition of making the loan secured by this 2 s Security Instrument,Borrower shall pay the prerrfii rgired`tbaitr e mortgage insurance in effect.If,for any reason,the 0 mortgage insurance coverage required by Lender laps`ewor-ceasesto 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.tf substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of N the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. E Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance.Loss reserve payments may no -C longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires) U provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to RI_, 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. Q 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.to 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. Arty balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and 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 by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Page 2 of 4 Packet Pg. 1361 16.D.6.b OR: 4114 PG: 1228 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 Bass 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. Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument. 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,Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. 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 M r Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies Q; permitted by this Security Instrument without further notice or demand on Borrower. C 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have CC enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as LL applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security U) Instrument;or(b)entry of a judgment enforcing this Securi ment.Those conditions are that Borrower.(a)pays Lender all W sums Mich then would be due under this Secun w n a ote as if no acceleration had occurred;(b)cures and default of any other covenants or agreementail pa y� u O incurred in enforcing this Security Instrumer; ,but not limit-. •'143o hebte attorneys fees;and(d)takes such action as i Lender may reasonably require to assure ,. (ten of this Security Ins .i f rt,2ander's rights in the Property and Borrower's obligation to pay the sums secured by is •/rity Instrument shall continue cha ed. Upon reinstatement by Borrower,this l4 Security instrument and the obligati. .sect(-i ere.y s . .-...in juljy effect a as t(no acceleration had occurred. However. r : this right to reinstate shall not apply" the,ease ..., eratioi under Paragraph,7. \ UP 19. Sale of Note;Chan•e of o • ,.rvi h- •. :. .pa i ' erest in the Note(together with this Security Instrument)may be sold one or mor-tim: o .riti.=t -. e aysult in a change in the entity(known as the"Loan Servicer")that collects •nthl"pa ent.d e u d: e'r.r•a'. S n Instrument.Ther also maybe one or more changes of the Loan Service • = l to al o tr• o. If th i.a 5ng of the Loan Servicer,Borrower will be ID given written notice of the change in , - ee-Giith.: :•ap ..d ap c h.--,"'I e notice will state the name and address CO of the new Loan Servicer and the ad rens o which payments shoul•.-mad-.T ibeeee will also contain any other information required by applicable law. �_ O 20.Hazardous Substance wer shall not cause or pg:.it eypt a ce,use,disposal,storage,or release of any Hazardous Substances on or in the Pro rrower shall not do,nor a . ,of yo a else to do,anything affecting the Property that is in violation of any Environmental La .riethW ing two sentenyeS I f apply to the presence,use,or storage on e Property of small quantities of Hazardous S Feu are genera ¢ed to be appropriate to normal residential uses 2 and to maintenance of the Property.Borrower ( p giOrn4er written notice for any investigation,claim,demand, 0 lawsuit or other action by any governmental or regu -oYprivate party involving the Property and any Hazardous I Substance or Environmental Law of which Borrower has actual knowledge.If Borrower teams,or is notified by any governmental ,i,; or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, C Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.As used in this paragraph 20, a "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following E substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, C materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law" al means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental •r protection. Q 21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's brach 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 process 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 attorneys 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. Page 3 of 4 Packet Pg. 1362 16.D.6.b *** OR: 4114 PG: 1229 *** (Check Applicable Box) —I t—I Adjustable Rate Rider u Rate Improvement Rider u Condominium Rider —i u Graduated Payment Rider LJ 1-4 Family Rider 1J Second Home Rider u Balloon Rider Biweekly Payment Rider u Planned Unit Development Rider tJ Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: i Witness Signature: l�2.A.32 44.Qe,ft Signature: e'�1 S i/Y V )3e7e, {�t� ° l.` Borrower C istino V Reyesp Witness Print Name: eFY{ ;l�PT Signature: / "(1'�.1 - -- I Borrower Arena M Reyes 0 Witness Signature: c Witness Print Name: LA..ren�• IIPr..r) Address: a STATE OF Florida COUNTY OF Collier M r of 0 D_ U. CO _____ w thereby certify that on this day,beforect erten-fic--eppr dt_ uT\edd'inn the state aforesaid and in the county aforesaid to,frO take acknowledgements,personally appea S n�h�hr- lG z",tu-r+a known to be the person(s)described in and = 1 who executed the foregoing instrument and aal(rc6wied�ed before me4hat HE/SHE! THEY executed the same for the purpose to '� 1 , ti to therein expressed. -moi f 1( ( 1l 1),. ) 0 I , f" to WITNESS my hand and official seam i e Cb� n Sta•te I f raid this f ; S(&/r O �7 c. My Commission Expires: ��C` \ �/ �'�a'!‘ t o Nonny,P4,j,,; s igrrg�y .-1-.' � � • E;' /,.,,..„,,, Notary's Printed Nam� 1'�l? 1 _ 7/. / Lu (SEAL) �.4 ;.---------..---<-L'(, Y. 'f WENDY A KLOPF +' /4' t coca lss rt A DD 30974t a) EXPIRES:Apel 12,2008 3'. s Rtit E Return to:Collier County FAH •-4•ar,h¢ ri"'"'m r � -t= Single Family Rehabilitation Loan Program 0 2800 N.Horseshoe Drive,Suite 400 .S Naples,FL 34104 ,Q Project# HM 05-06-022 Page 4 of 4 Packet Pg. 1363