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Agenda 09/13/2016 R Item #16D 8 16.D.8 09/13/2016 EXECUTIVE SUMMARY Recommendation to approve five mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$48,647. OBJECTIVE: To support the affordability of housing in Collier County through State Housing Initiatives(SHIP) down payment and emergency repair and/or rehabilitation assistance programs. CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable housing program, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. The State Housing Initiatives Partnership Program (SHIP), a state affordable housing program, offers rehabilitation assistance to homeowners for rehabilitation to their homestead property. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance or loss of homestead exemption. The following table provides details regarding the associated mortgages that have been repaid in full. As such, satisfactions of mortgages are required. File# Name Security Mortgage Payoff Public Record Instrument Amount Amount 07-082 Monica Martinez SHIP DPCC $20,250.00 $20,250.00 OR Book 4310 Second Mortgage Page 2265 09-157 Brandon French SHIP DPCC $6,200.00 $6,200.00 OR Book 4471 Second Mortgage Page 532 09-274 Eredia Reinoso SHIP DPCC $2,200.00 $2,200.00 OR Book 4597 Delgado Second Mortgage Page 2119 95-050 Miguez Garza& SHIP DPCC $5,000.00 $0.00 OR Book 2101 Suzanna Martinez* Second Mortgage Page 1509 09-027R Evans Saint Louis& SHIP Rehab $14,997.00 $9,998.00 OR Book 4438 Wilianie D Saint Mortgage PG 3994 Louis** Modification OR Book 4521 Page 2457 Total $48,647.00 $38,648.00 * On September 21, 1995, OR Book 2101 Page 1509 a mortgage was recorded to Miguel Garza and Suzanna Martinez. The Note and Mortgage did not impose a maturity date therefore under Florida Statute 95.281 (1) (b) states: If the final maturity of an obligation secured by a mortgage is not ascertainable from the record of it, 20 years after the date of the mortgage, unless prior to such time the holder of the mortgage: Re-records the mortgage and includes a copy of the obligation secured by the mortgage so that the final maturity is ascertainable. Therefore due to the length of time of this mortgage this client has met the obligation and the loan should be forgiven. The initial SHIP Ordinance No.93-19 did not require a maturity date. Packet Pg. 1393 16.D.8 09/13/2016 **On March 27, 2009, OR Book 4438 Page 3994 a mortgage was recorded to Evans Saint Pierre and Wilianie D. Saint Pierre in the amount of$15,000 and a Mortgage Modification recorded on December 22, 2009 in OR book 4521 Page 2457 in the amount of$14,997 for residential rehabilitation. The term of the loan is for 15 years, every 5 years 1/3 is forgiven so at the end of the term the note is paid in full. Mr. Saint Pierre has met the first 1/3 forgiveness requirement and is repaying the balance (2/3) of the loan amount. Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of mortgage and the executed documents shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The repaid amount of $38,648 satisfies the payoff amount which is less than the mortgage amount due to the recapture provision as noted above. These repayments are considered program income and have been deposited in SHIP Grant Fund 791, Projects 33429 and 33467 and may be reused for eligible SHIP activities. The $10 recording fee will be paid by each of the borrowers. LEGAL CONSIDERATIONS: This item is approved for form and legality and required a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign five mortgage satisfactions for owner-occupied affordable housing units for which repayment in full has been provided to Collier County. Prepared By: Wendy Klopf,Operations Coordinator, Community&Human Services Division ATTACHMENT(S) 1. SHIP Mortgages 09.13.2016 (PDF) 2. SHIP Satisfactions 09.13.16 (PDF) 3.Amorization Schedule- Saint Louis (XLS) 4. SHIP SAP backup 09.13.16 (PDF) Packet Pg. 1394 16.D.8 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.8 Item Summary: Recommendation to approve five mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$48,647. Meeting Date: 09/13/2016 Prepared by: Title: Operations Coordinator—Community&Human Services Name: Wendy Klopf 08/03/2016 4:42 PM Submitted by: Title: Division Director-Cmnty&Human Svc—Public Services Department Name: Kimberley Grant 08/03/2016 4:42 PM Approved By: Review: Public Services Department Amanda O.Townsend Level 1 Sim.Reviewer 1-8 Completed 08/05/2016 12:24 PM Public Services Department Kristi Sonntag Level 1 Sim.Reviewer 1-8 Completed 08/09/2016 4:50 PM Community&Human Services Kristi Sonntag Level 1 Sim.Reviewer 1-8 Completed 08/09/2016 4:52 PM Public Services Department Hailey Margarita Alonso Level 1 Add Division Reviewer Completed 08/11/2016 12:03 PM Community&Human Services Leslie Davis Level 1 Sim.Reviewer 1-8 Completed 08/15/2016 2:26 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/11/2016 1:12 PM Grants Erica Robinson Level 2 Grants Review Completed 08/16/2016 1:54 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/23/2016 9:32 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/23/2016 10:56 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/23/2016 11:11 AM Grants Therese Stanley Level 3 OMB 1st Reviewer 1-4 Completed 08/26/2016 9:16 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 10:05 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 1395 4105192 OR: 4310 PG: Z^16..D.B.a RECORDED in OFFICIAL RECORDS of COLLIER CORP, it 12/11/2007 at 11:31AK DWIGHT E. BROCK, CLERK SECOND MORTGAGE OBLD 20250.00 OBLI 20250.00 RBC FEE 27.00 Retn: PORTER WRIGHT IT AL 5801 PELICAN BAF BLVD 1300 NAPLES FL 34108 2709 THIS SECOND MORTGAGE("Security Instrument")is given on to/9...q/2007. The Second Mortgagor is: Monica Martinez,a single woman ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing unde the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Twenty Thousand Two Hundred Fifty and 00/100 Dollars(U.S.S 20,250.00 This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and li- the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in cr Collier County,Florida. rn t As more particularly described as Lot 14,Trail Ridge,Collier County,Florida and which has the address of: o ("Property Address"): 13336 Covenant Road, Naples, FL 34114 0 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, v royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements V- end additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". „-f', BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and to convey the Property and that the Property is unencumbered,excepHorencumprances of record. Borrower warrants and will defend generally it the title to the Property against all claims and demands,sub(ec(tf`ry 4c artoes of record. LL THIS SECURITY INSTRUMENT combines unit enantsforna' `4r huse,and non-uniform covenants with limited variation by to jurisdiction to constitute a uniform security instrum,d�3e ing real property. •Ni:' 06 UNIFORM COVENANTS. Borrower and Leader covenant and agree as fo its: v 1. Payment of Principal and Interest;Prep-arming-and Late Charges. Borrowershall promptly pay when due the principal of and a interest on the debt evidenced by the Note. / / u'„._ `---------,,r-\ \ 1 p 2. Taxes. The Mortgagor will pay alltaxes,assessment-,Sewer rents water rates prior to the accrual of any penalties or interest a thereon. j /7'7-1,` F \lti \ c 57 i S The Mortgagor shall pay or cause td be p 9id,�as tIi sem re I +b co dCl?. tp6 tie,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be la' Ily`, ssesseri orilevued ai or w respect to the Property,(2)all utility and other charges, ev including"service charges",incurred or impo e8'for`tt) ratiQhr4na n ape,u oGCupa`ityl,upkeep and improvement of the Property,ant (3)all assessments or other governmental charges`that may lawfully be pal �install(nent5 ever a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause Ip.be paid only such installmertfirws are reqeiiitlito be paid during the term of the Mortgage,and m shall,promptly after the payment of any of the faregolrtg,forward to Mortgagee idencryoff""SuCh payment. c 3. Application of Payments. Unless'app1Icable law provides otherwrse`rslll.paaments received by Lender shall be applied;first,to N interest due;and,to principal due;and last,to any``�late harges due under the Not 7^ / ri 4. Charges;Liens. Borrower shall pay all`tazes;assessments,charg'es,'#imes'and impositions attributable to the Property which mat a attain priority over this Security Instrument,and IeaseholtS a -org u�d e p ytn igen any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all rec -eviderlctngthe payments. ru Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to rn 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 2 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 o the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part 2 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. a. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. I 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured to against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender E requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier aa, providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to .g maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance ca with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such 2, risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, e including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument Ti,..,,,, Packet Pg.1396 OR: 4310 PG: 22. 16.D.8.a interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lenders good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary ti protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in Ti- the the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. m Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. o 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower 2 notice at the time of or prior to an inspection specifying reasonable cause for the inspection. o 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnatior , 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 0 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, u 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 y 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 N multiplied by the following fraction:(a)the total amount of the suros.securedammediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balanceshal b ai t(ti ll°u'9wer. In the event of a partial taking of the Property in which u the fair market value of the Property immediately beforet)e 1 kinds-less-tligrlthe tiount of the sums secured immediately for the taking, cn unless Borrower and Lender otherwise agree in wntin oi; filers applicable law othetwipe,provides,the proceeds shall be applied to the sums o6 secured by this Security Instrument whether or nota sums are then due. UnlessL'ei,tgr and Borrower otherwise agree in writing,any 0 application of proceeds to principal shall not extend or,postoone the due date of the mopthly payments referred to in paragraphs 1 or change d the amount of such payments. / / 1 ---.,r- \ \ 0 11. Borrower Not Released,Forbearance By Lend --er Not-a Waiver.\Extension of the time for payment or modification of a amortization of the sums secured by this Security Instrameot g�ed,by erzder\it arty ssor in interest of Borrower shall not operate to r2 release the liability of the original Borrower or Borrowers sicce,sors i ihtefest))len Shall not be required to commence proceedings against any successor in interest or refuse to,exte time fo�paiment¢r o r ise`'po fify amortization of the sums secured by this Security (NI Instrument by reason of any demand made b Etre iha1BolToryer gr g_a_ ers saccessgr5in interest. Any forbearance by Lender in co exercising any right or remedy shall not be a ive of`or preclu-d rhe exercise of any,rightioZ emedy. 12. Successors and Assigns Bou {ydeint and Several Liability/tf'�oSigneo ,, he covenants and agreements of this Security w, Instrument shall bind and benefit the successo `ani\assigns of Lender and 86(tewef,sd`bjeCtho the o Provisions of paragraph 17. Borrowers covenar>ts and,agreements shall be joint and seve Any Borrower who co-signs this Security a ce Instrument but does not execute the Note;(a)is -sigrprig this Security Instrument.�s;[ifyto V rhortgage,grant and convey that Borrower's interest m in the Property under the terms of this Security Instruer} -(bHs not personally oui0eted'{to pay the sums secured by this Security Instrument; ai and(c)agrees that Lender and any other Borrower mak-a4reiko i 1e ar or make any accommodations with regard to the term; e per, .: of this Security Instrument or the Note without that Borrowers-cbns�ht t >_ , N d 13. Loan Charges. If the loan secured by this Security InsTtument is subject to a law which sets maximum loan charges,and that >a 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 rn 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 t: already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by E reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be a 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 rn 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. a 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which E the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such a conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To .2 this end the provisions of this Security Instrument and the Note are declared to be severable. Q 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shal not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. Packet Pg.1397 *** OR: 4310 PG: 226 16.D.8.a 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall riot do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. ^y 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without ar charge,to Borrower. Borrower shall pay any recordation costs. rn 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by o an appellate court. n 24. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security o Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and c agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) o U ❑Adjustable Rate Rider ❑Rate Improvement Rider ri P ❑Condominium Rider N ❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider iti ❑Balloon Rider 11Biweekly Payment RideJ.,____-._Planned Unit Development Rider N ❑Other(s)(specify --- '� ( fir'� It J rn ,,,,,,,y,.-- 0 / -. 1l ',,,,-,\ '� SIGNING BELOW,Borrower accepts and agrees 20 te tdrms and covenants contain in this Security Instrum-. and in any rider(s)executed by Borrower and recorded with it. / / r— j / l ,,..______,F.„ o Signed,seal pd a•d delivered in the presence of: ," = y d Witness#1: b t7! ` '.• , eI- !l'il ' y ra�,1� 1 �? �_ t f". �j Boil, .r P:..Hca t tin' I' n Signature: , 'I • �. � % 1:-'-',I Witness#2in•f d' .,„„,....--r,, ,, ,1Signature- r4r I /' - co WIF �;i , Co-Borrow /_d,,./` o Signature: - r / M w • ess 3�3�.Covenant Road o :,�I_ les, Florida 34114 m STATE OF FLORIDAo m COUNTY OF COU-If Rcri 0 I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take o_ a acknowledgements,personally appeared Monica Martinez,to me known to be the person(s)described in and who executed the foregoing u) instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. _ d E -c WITNESS my hand and official seal in the County and State aforesaid this 1/ da of - - .t ,200 7 . y t/� / Q My Commission Expires: - v ������ No aFy qublies Signature ( '4(34t \ORb1A LORA TREJO G!44.e..._ LCX - �r?-. y ill'COMMISSION a DD59033A Notary's Printed Name D V.,,,,,.0, ,-_WIRES:August 2).2010 ,,,,,,,;,. v,'.Yv,;;,,...,:A.u.,Lo File#: 07-082 Packet Pg.1398 INSTR 4318182 OR 4471 PG 532 RECORDED 7/10/2009 12:19 PM PAGES 4 16.0.8.a DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.35 $21.70 REC $35.50 OBLD $6,200.00 OBLI $0.00 GREENSPOON WARDER,PA. • ONE CLEARLAXE CENTER -"IDD 250 5.AUSTRALIAN AVENUE,SURE 441a WEST PALM BEACH,FLORIDA 33401 Dmf- 1-1,611e0 3� SECOND MORTGAGE 09 THIS SECOND MORTGAGE("Security Instrument")is given on;G day of -JULIE ,2009. The Second Mortgagor is: Brandon French,a single man ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Six Thousand Two Hundred and 00/100 Dollars ($6,200.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments, with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of m the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For Fon this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier m County,Florida. 2 As more particularly described as Naples Park,Unit 5,Blk 58,Lot 49,Lots 8&9,Collier County,Florida and which has the address of: ("Property Address"): 771 94t° Ave N, Naples, FL 34108 0 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, »° royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements }N—, and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". rn BORROWER COVENANTS that Borrower is lawfully seized-of-the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,-ezceptykr fl brgnces of record. Borrower warrants and will defend generally a the title to the Property against all claims and demands,-s"bjbct nyeneurbbranGes'of,record. THIS SECURITY INSTRUMENT combinesO .covenants for national us'eland non-uniform covenants with limited variation by ed jurisdiction to constitute a uniform security instrument,gvering real property. \-`''' V UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: \\ 1. Payment of Principal and Interest;Pre(ayrment andttate-Char, es. Borrower shall promptly pay when due the principal of and D interest on the debt evidenced by the Note. a. 2. Taxes. The Mortgagor will pay ali tax it e$Ses'smettit$,--5�,9 t)atW enlites p'or to the accrual of any penalties or interest y thereon. A1/ ffi) • !�!!// The Mortgagor shall pay or cause to,be paid,es the sa,neyespect)lely bec7meg due„(A)1)all taxes and governmental charges of any N kind whatsoever which may at any time be lav}fttty assessed,Ievihd2g in§L or wi(t],rekpedt.t01 a Property,(2)all utility and other charges, m including"service charges",incurred or imposed.forr\\the operation,maintenance,use,`pccuganb`yI upkeep and improvement of the Property,and (3)all assessments or other governmental cha that may lawfully be paid irtinstallments gv_e'a period of years,the Mortgagor shall be u7 obligated under the Mortgage to pay or cause to`bg.Iaid only such installmentstare requ7ed to be paid during the term of the Mortgage,and c shall,promptly after the payment of any of the foregping;,,forward to Mortgagee evidericd'o'fsybh payment. N �. 3. Application of Payments. Unless apial\icaplE)�w provides otherwise al(,pvyrt�ents received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any tat eSd hargue under thellote;.\'�/ of 4. Charges;Liens. Borrower shall payall tax�s,,asie enls,:cttharo g 5 des`fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payrnetl(s'or grounn`Lrents,if any. Borrower shall promptly furnish to Lender all co 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 o 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 E the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part 0- 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. E Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. v) 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured c against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender E requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such Q risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shalt occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material ^ k Packet Pg.1399 OR 4471 PG 533 16.D.8.a • impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve a, in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in rn the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. or Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for o mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 2 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. o 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation o 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 .0 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, ca 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 H before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless to Borrower and Lender otherwise agree in writing,the sums secured by_thi ecurity Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of theser� curee��--i�rim�diately before the taking,divided by(b)the fair market value u: of the Property immediately before the taking. Any balance stint o_tBotttswej.1 the event of a partial taking of the Property in which to the fair market value of the Property immediately befor th0-taktng is less than the irgl5t)M,of the sums secured immediately for the taking, nd unless Borrower and Lender otherwise agree in writfrer,unless applicable law otheneise`prpvides,the proceeds shall be applied to the sums V secured by this Security Instrument whether or ny4 the sums are then due. Unless Lender andBorrower otherw se agree in cur ting,any U application of proceeds to principal shall not ext nd o/postpone thetfue.date. he monthly payments referred to in paragraphs 1 or change 0 the amount of such payments. \ a. 11. Borrower Not Released,Forb ranFeE nde a elver Y�-4 ti storr.of the time for payment or modification of x amortization of the sums secured by this Security nunutnentlyra tea by Le jer to �s6bcessor;in interest of Borrower shall not operate to N release the liability of the original Borrower or or itver s su ssorr in)iriterest"Letdef`�s.hall not be required to commence proceedings w against any successor in interest or refuse to extend titinneJdt akin r of rwise rtyodt:y artortii_ation of the sums secured by this Security 6- Instrument by reason of any demand made by t))e:d glnatBorro or�otfb rs successorsart interest. Any forbearance by Lender in •— exercising any right or remedy shall not be a welvgr\ t or preclude the exercise'of any .fighf''QrreJnedy. `� 12. Successors and Assigns Bounb Joint and Several Liabili ITh co ty,- o ej, ub a covenants and agreements of this Security o Instrument shall bind and benefit the successorsassigns of Lender and Bo owei.,subledtio the w Provisions of paragraph 17. Borrower's covenants riii agreements shall be joint and-Several'. Any Borrower who co-signs this Security of Instrument but does not execute the Note;(a)is co-slgnts Security Instrumenilty mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument(b))snt����ers a lye.h igete`d to pay the sums secured by this Security Instrument; c and(c)agrees that Lender and any other Borrower may agreetp`lxfei rf rn ,..forbear or make any accommodations with regard to the terms m cn of this Security Instrument or the Note without that Borrowers conselt. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that o 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 r limits,then:(a)any such loan charge shall be reduced bythe amount necessaryto reduce the charge to the d permitted limit: t ;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 d 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. rn 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 e Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. L 15. Governing Law;Severability.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which o the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such :° conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of ry Packet Pg.1400 oR 4471 PG 534 16.D.8.a Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials, As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies y provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. o os 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without r charge,to Borrower. Borrower shall pay any recordation costs. o 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by 2 an appellate court. 0 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 o agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) R N ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider R ❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider 0 ❑Balloon Rider ❑Biweekly Payment-f 3 Cc❑'Wanned Unit Development Rider LL ❑Other(s)(specify /otib -/ �� od SIGNING BELOW,Borrower accepts and agrees to7e terms-andscovenants contained'tn this.Security Instrument and in any rider(s)executed eL by Borrower and recorded with it. / i� ` 999 a Signed,sealed and delivered in the pres/elncepf: (1/17—•1 �y ��`N ': \l ii C3 Witness#1: /4/276 3.( e d 1 8ig� t (gl ,k'--v } If 0.0. N ��JJ. 1 \�._. '....2B6rr r _>_Bra4�ozi W. French r-- co Signature: �Z'./'r✓ yf. beep C•''� ', llvv// \ \w aV r. /"... to Witness#2: It)A�D1 L pW1c ✓\ Signature 7 ,/.C'/ N A� � ,\Co-Borrower ' �/ Signature: C f 5-'-k — •° � ri 1 dpi o LiAdd(6`Si . X94" Ave N in — Naples, Florida 34108 c> STATE OF FLORIDA cans COUNTY OF COLLIER o 0 I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take = rf) acknowledgements,personally appeared Brandon W.French to me known to be the person(s)described in and who executed the foregoing ku instrument and acknowledged before me that(He/shehthey)executed the same for the purpose therein expressed. E U cc) WITNESS my hand and official seal in the County and State aforesaid this 2.L, day of JLtitk= ,20 D, . R My Commission Expires: A :.,i:u.,hUBL[C•STATEOFFLORIDA Notary Public's Signature I (Seal) , "" Wanda Baldwin t.L_ .la � q ,gt....t1u3r J ';.jw Commission#DD830578 Notary's Printed Name I Expires: DEC.04,2011 1.Ja.t)tBAD ATLANTIC BiDING Ca,INC. File#: 09-157 Packet Pg.1401 *** OR 4471 PG 535 *** 16.D.8.a Escrow File No.: 09001736REO EXHIBIT "A" Lot 8 and 9,Block 58,UNIT NO.5 NAPLES PARK,according to the Plat thereof recorded in Plat Book 3,Page 14,of the Public Records of Collier County,Florida. d C) rn t 0 0 0 U w 71y :�R. l� to D- // 0. j, l {�` t i j v 72\ c=n N -2-1 ( t�� t•-• \ fi Q1 f6 C) t O 2 x w c d E U R Packet Pg. 1402 INSTR 4466692 OR 4597 PG 2119 RECORDED 8/23/2010 10:11 AM PAGES 3 16.D.8.a DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.35 $7.70 INT@.002 $4.40 REC $27.00 OBLD $2,200.00 OBLI $2,200.00 SECOND MORTGAGE S,1tk ro-IS� THIS SECOND MORTGAGE("Security Instrument")is given on day of ,2010. The Second Mortgagor is: Eredia Reinoso Delgado,a single person ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Two Thousand Two Hundred and 00/100 Dollars (52,200.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments, with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of — the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For m this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier co County,Florida. 2 As more particularly described as Golden Gate,Unit 2,Blk 8,LOT 32,of Collier County,Florida and which has the address of: ("Property Address"): 2141 41°L Terrace SW Naples Florida 34119 (Address) (City) (State) (Zip) TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, m royalties,mineral,oil and gas rights and profits,water rights antlstodcantall-fectures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrumetit.tf&flh(tetepoirig-is referred to in this Security Instrument as the"Property". tt BORROWER COVENANTS that Borrower is,lam�!!I,ly-aeliedoftheeitale\beteby conveyed and has the right to mortgage,grant and N convey the Property and that the Property is unencurttbaredrexcept for encumbrancecof?ecord. Borrower warrants and will defend generally °5 the title to the Property against all claims and dernends;atibject to any encumbrances record. U THIS SECURITY INSTRUMENT combines uniform-covenants for national useand non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrcimentcoverinveal pTopZttynr\ \ UNIFORM COVENANTS. Borrower1and Lender covenant.aii agree as follows: ? d 1. Payment of Principal and Interest;F'rpiay a tarra'tat5 �rge'i'Bbrer shall promptly pay when due the principal of and = interest on the debt evidenced by the Note. f \ ! I J \/ 2. Taxes. The Mortgagor will pay II taxes, sse; m f seiOr "rts or' ter roles poor to the accrual of any penalties or interest � thereon. 'll�' �J./ ����1 r t cn The Mortgagor shall pay or cause to aid,as the same respectively become dues.:((1)all taxes and governmental charges of any kind ied irespectteethe rty, including tsoever"service chargesich "incurred or at any mposebe d felt Csessed or het operation,rmain enani iJ'se,Iocdy�2ney upkeepea d imprall oveutility ment of the Property,and o (3)all assessments or other governmental chargesi(tat'may lawfully be paid in mstaNmei Over a period of years,the Mortgagor shall be N obligated under the Mortgage to pay or cause to be jiaid•only!such installments a fe equir'ed to be paid during the term of the Mortgage,and ei shall,promptly after the payment of any of the foregoing'l'6rwird-to.Mortgagee-tyiden,rof such payment. a; 3. Application of Payments. Unless applicable.(ayi grQQvv+ssdd,eaot�(++et�ase,"alt payments received by Lender shall be applied;first,to y interest due;and,to principal due;and last,to any late charges vnder the- ole. 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 a 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 d 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 rn of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. o 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender ., requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender ail receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security Packet Pg.1403 OR 4597 PG 2120 16.D.8.a interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations conceming Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by rn 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 1: the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. o Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. `o 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. •a, 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation R 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 t 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, .1 with any excess paid to Borrower. In the event of a partial taking oft erty,in which the fair market value of the Property immediately (n before the taking is equal to or greater than the amount of the-spurs.. Security Instrument immediately before the taking,unless Ce Borrower and Lender otherwise agree in writing,the su 'seiy(thr ^,jIy1�l rument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount offne suras secured imn arattl *fore the taking,divided by(b)the fair market value ,d of the Property immediately before the taking. Any ti a`hde hall be paid to Borrower,m heQ event of a partial taking of the Property in which V the fair market value of the Property immediately efore'the taking is less than the amount of the sums secured immediately for the taking, 0 unless Borrower and Lender otherwise agree in 'find dr,untess applicable_taw therwise`provides,the proceeds shall be applied to the sums ELI secured by this Security Instrument whether on not the sur4Sit1re,thertdue. Unle s Lenderand borrower otherwise agree in writing,any o_ application of proceeds to principal shall note'enq'of.postpone.t?i8d�u�datea .rdhi`payments referred to in paragraphs 1 or change = the amount of such payments. V r\/(�1 ,, /`� \ v) 11. Borrower Not Released,Forb arance By Leder Not a e. e ion of the time for payment or modification of N amortization of the sums secured by this Sec rfty,,l'(�`6tn�¢n 9t r p dy,(r' a er to any successors in interest of Borrower shall not operate to r� release the liability of the original Borrower or aprxowerslu�sorlin t. L€ntfershe(ot be required to commence proceedings co against any successor in interest or refuse to ,enb time for payment or oche se mbdifyamort¢ation of the sums secured by this Security Instrument by reason of any demand made by t e ongmal Borrower or Borrowuccessorr��'tui interest. Any forbearance by Lender in co exercising any right or remedy shall not be a @r'fla preclude the exercise!^fin ri'ght'of,femedy. N 12. Successors and Assigns Bound;Jolnt;tnd Several Liability;Co-Signers/The covenants and agreements of this Security r,.; Instrument shall bind and benefit the successors and ss'ri5- Lender and Bo ow'e 'ublect to the Provisions of paragraph 17. Borrower's covenants aura ree �n 3halt-b€Qi(rt o lseveral. Any Borrower who co-signs this Security o Instrument but does not execute the Note;(a)is co-signing'thrs S crhlity`Initkfl jenronly to mortgage,grant and convey that Borrower's interest a in the Property under the terns of this Security Instrument;(b)IS-RN-persona y obligated to pay the sums secured by this Security Instrument; rn and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms Irl of this Security Instrument or the Note without that Borrower's consent. r 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that 0 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 n' already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by y 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. m 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first E class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address .c Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. r 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which Q the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. Packet Pg.1404 *** OR 4597 PG 2121 *** 16.D.8.a 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower teams,or is notified by any govemmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, m Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may b, foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies to cx provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. r 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without 0 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 o an appellate court. co 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 w agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) 12. O Adjustable Rate Rider ❑Rate Improvement Rides 0 Condominium Rider cn t-I tY 0 Graduated Payment Rider ❑1-4 Family Rider \ R (-(.)T?..1J Second Home Rider u_ T^t v7 0 Balloon Rider 0 Biweekly Pia 2ir -f .E9lanne�2l.Unit Development Rider o6 ❑Other(s)(specify / / �)��� U /' i,--, \ / / a. SIGNING BELOW,Borrower accepts and agrees to/'the terms and covenants contained in This Security Instrument and in any rider(s)executed a by Borrower and recorded with it. ,tr <<'� �r- `�` y r��i �( cn t jl Signed,sealed and delivered in the presence lot ik % `ti Jj r' j�A_ , n I(\°..__.-' �_/ e •" -'r/1 r- Witness#1: _1. r Signature: _ \,�\ Borrower yEredia ,f'in oso Delgado CO } r" / /o/ Signature:Ac�rv3 na Sm� 2L.,, %�� r Witness#2 'n" \ Signature: /C / s- li U� \e, , Co-Bckmore i ��r o Signature:4- .--_ ,-,tom•-- d Address: m rr STATE OF FLORIDA o 5 COUNTY OF COLLIER a 2 I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Eredia Reinoso Delgado to me known to be the person(s)described in and who executed E .c the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. m / Q WITNESS my hand and official seal in the County and State aforesaid this /7 dayaf 11 C',2010. My Commission Expires: EDWARD DiCUFERO 'otary Public's Signature (Seal) Notary Pru Dllc•state�I Florida .,My Comm.Exn res':`rr 22,2013 .860441 "IVF' Commission n C .tary's Printed Name ,�c'.' "83,:, Nal+ry Assn. File#: 09-274 Packet Pg.1405 16.D.8.a 1977186 OR: 2101 PG: 1509 UCOIIDID 1.OFFICIAL UCOIIDS of COLLlII C00117, IL 09121/95 It 01:11AI DIIGIT I. BIOCI, CWII MON o /n.J,e,.,r"v , • J , ' t '` , 0110 5000.00 PREPARED I RECORDED BY: FLEETWOOD TITLE CORPORATION ODLI S000.00 904 LEE BLVD., #106, LEHIGH ACRES, FL 33936 SECOND MORTGAGE UCC [II2{.00 FTC# 31111 `+- DOC-.35 17.50 10 " 1117-.002 10.00 1-( heto: t � ;J t, !11179009 71711 COIF tell IKONO MOIITGAGI ("Security Instrument"> is given on Skireadsoe it 0 001 1105 1995. The Second MortoeIor its W0IG1 ACUS FL 33910 1105 Miguel(bras, A SINGLE MAN Sutatre Martinez, A SINGLE WOMAN ("Iorrower"). This Security Instrument Is given to (1Itie( ("lender"), which Is ergsnited and exciting under the laws of the United states of Iorrwer owes Ase T.. and nml'°' fes It (VA. 1 )• Lender the sus of — gale"). ibis debt Is 'Odom by BerrweNs Mote ! the same date es MIs Security instrument ("Sec which m provides for monthly payments, with the full debt, if nut paid earlier, due and payable on * • !hie se0urity tntrovont secures to lender: (a) the ropey sr.t Of the debt evidenced by the Note, with int . and all fe renals, extagiune and sedif icetlons; (b) the peysunt of ell other sue, with In advanced under pereereph 7 to pretest the security of the Security Instrument, end Cc) the performance of borrower's covenants end •gnements under 8 this Security Instruaamt and the Mote. for this purpose Sorrows, does hereby second im teen, groin end convey to r_ Lender the fellatio,described property located in Collier p +I a upon male of propd117 rt>e[iuevulr tAr Las)laf taageestersll exemption o As more particularly described on Exhibit "A," and which has the address of n w ("Property Address"): tine if kite:Caimmme Nro - 3304----:Wt-' rn mi.,. ' !>;ru► property, iX in TOCSINS& WITS all the iprovemep nor a-•hereafter are ted,en the and ell easements. rights. appurtenances, rants. royelties, .ineret,+(Aa iud gas rifhts and,pritlt$}h ester rights and stock end all f uturee new or hereafter a pert of the property. A11 voptoce•gnts end edit tions•th•Li`slso be covered by the Security Instrument. °C All of the forgoing Is referred to 14i tai/Security Instrument as lht\"Property". U II0440iR1 COYSMANIS Met Borrower iI`lidititty seised of the estate erebj'conveyed and has the richt to mortgage, it grant end convey the Property and/they`Msl►. rty�-ls -tiaivwu red, scept, for enotrbrences of record. Iorrawer 25 warrants end will defend fOerelly the tile to the pf��po orrry`\against all ;labs end demands, subject to any encumbrances a of record.Till SCCUSITT INSTgnMiNT((rcombtMS unVtbr!cgva?+(n s of t%nh111wse Moe non-uniform cgvensnts with tf*ited 5E vsrl•tton by jurisdiction to conslitut alunlfdrmlte ftjt 1' t\cbvering'real property. lIWIfOSM COYEMAlts. dermas", L.a h tdve'wtt ►r 'ergo PS ftil Wel i i w r` PPep cnt a ata:{#awes;,riot-rower shall promptly pey when due the r- t. layteMt of Principal •1W j'tgPfa , ,-,..- I, - to prtnolpel of and interest on the dt evidenced by the Note.U; /'-,; I. Taxes. The Mortggor w'1 Y ell ;ekes, iom041 seI,er,?$ or water rates prior to the accrual of CO any penalties or Inttrelt thereon. \ f .—, v- The Mertsger shall pay or cause to be paid, se the'semir'aspectively become due, (A)(1) all tales end e poverr ntel charges of any kind whatsce•er ian�lch may et any time be lawf.wlL.y*ssessfd or levied against or with respect ni Is the Property, Cl) all utility end otalr\a6i4!s..,includino "seeyjeObarIeem incurred or imposed for the operation, r maintenance, use, occupancy, upkeep end lapree Sir -Q!she--Proper!, , end (3) ail cmfnts or other gOwer' a la chortles that may lawfully be paid In instruenenn a qutn T-p�5r o'O yfers, the hortsasor Shell be obligated under the o Norte'se to ped or cause to be paid Only such lni'ta lw.itls.es lyl',o-rsWlred to be peed dwriap the term of the bertgege, m and shell, pre ptly after the payment of any of the R-regdfn,to d to mortgagee evidence of such payment. an 3. Application of Paymance. unless eppltceble low provides otherwise. all payments received by Lender shell co C *wiled;alled; first, to Int due; and, to principal due; and lest, to My loge ;horses due :rider the rote. c C. Charges) time. lorrower shall pay •1l takes, smfntt, charges, fines end impositions ettributablg to -C the Property which may attain priority over this Security instrument, and leasehold payments or ground rents, it any. 0 $errousr shell proptly furnish to Lender ell notices of emtounts to be paid under this paragraph, end ell receipts n. borrows'evidencing the payments. shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: S (a) greee in melting to the pestent of the obligation secured by the lien in a manner occeptsb(e to Lender; (b) contests u) In good faith the lien by, or defends against enforcuient of the lien in, leges proceedings which in the tender's opinion *poring to prevent the enforcement of the lien; or (c) secures from the holder of the lien en agreement satisfactory a=, to Lender subordinating the lien to this security instrument. If tender determines that any part of the Property is E subject to s lien which may attain priority over the Security instrument. Lader may give Iorrwer o notice identifying n the lien. Serrower Mall satisfy the lien or take one or mon of the actions set forth above within 10 days of the :4 giving of notice. 5. saiard or Property Insurence. Borrower shell keep the improvements now existing or hereafter erected on ,t the Property insured ageing% loss by fire, hazards included within the tars"extended gem 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 Inkiest to Lender's epprovel which &hell not he unreasonably withheld. It 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 el( tide► that the Note is outstanding, the Muggier shall maintain insurance with respect to the PrillaletrO Ofilintit such risks end for such amounts as are customarily Insured against end pay, al the &Oe became due and payable, all preside In respect therete, including, but rot limited to , all-risk Insurance protecting the in of the Mortgagor ed Mortgagee against loss or damage to the Premises by fire, Iiehtnine, and other casualties sustemerily insured against (including boiler explosion, if appropriate), with s uniform standard extended coverage endorsement, Incfiding debris removal coverage. Such insurance at all times to be in on amount not less then the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and remade Malt bo acceptable to Lender and&hall Include a standard.Ori9e,e cvto tender shell have the right to hold the policies end re neweli. Ii lender requires, Borrower shall promptly fi tender all resettles of paid premium end renewal notices. in the event of lees, lorrower shall vivo prompt notice to the insurance carrier and Lander. lender say rote proof ofossirII of made promptly by Sweater.be to restoration or Unless Lender end Screamer otherwise sorsa Wm pr repair of the Property damaged, If the restoration or repair it econtMtully feesible end Lender's security is riot lessened. If the ion or repair is not economically feasible or lender's security would be lessened, the insurance proceeds Shell be applied to the sues secured by the Security Instrument, whether or not then due, with any excess cold to gorrower. If Borrower 'Menden' the Prope'tr, or dues not answer within 10 days a notice from Lender that the insurance carrier hos offered to settle a claim, then trrcier may collect the Insurance proceeds• lender may .t. tw>fd wp Packet Pg. 1406 16.D.8.a • OR: 2101 PG: 1510 roast 0 use the proceeds torepair e restore the Property eyI..eo secured by security ere not then gut. the TO• ty Deiodwilt beginwhenthe not, ris matted. lines* lender end$orrowotherwiseegret In writing, any •pplitalon of proceeds to principal shell not extend or s.eqif urd•rthpar�exjrdape t'121f tAtesrM'artY It wend proceeds payments referred to in paragraph 1 or charge the •mount of the payments. resulting,.,e (rem estate to the Property acquired by lender, porrer's right t0 any insurance policie$ e prior to the acquisition shall pass to lender to the extent of the sues secured by this Security Instrument Imsedietely prior to the aequiettion. 6. Occupancy, ion, Maintenance end Protection of the Property; Porrovee's Leen Applieat on. lefteisOld$. Sorrower theft occupy, establish, end vet the Property as Serrower'a pre cPipal palr resides a within Sixty dela after the execution of this Security Instrument and shell continue to ss occupy der otherwisetagrees in writing, principal residence for et lutist one year after the dote of occupancy, which consent shall not be unreasonably withheld,dounites or 4�enetingr the circumstance, , Wow *gift gi tr�rry to deteriorate, h are beyond orrrewrts control. eerrop•r shall. not deslroy,helt be in default if any forfeiture action or proceeding, whether civil or commit waste, lon the hatpinL nt eculd result in forfeiture of the Property or otherwl•e or criminal, la begun that crestedn Lender's goodifaith y instrument or lender's security interest. Sorrower may cure such g def tuft end reinttete, ss provided In peregr•ph 16, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good filth determination, precludes forfeiture of the gorromer'$ interest In the Property is ty ment or or other materiel impairment belinfdefaulehe lien i Sorrower, duringed by hthelloani•ppticatlos n process. gave Meter(al(yder's seeurity nfalsetor m II Inaccurate thrsthe(lo or 'Agreements to LWete (or including, tbutprovide limitedLender to,lrepresmateriel ntationsInformation) Borre eras 5 connection with the r lett evidenced by theaesid, IeeluIf on a comply withtell•the previsas s ion ofttielllease l �it�orrowerthis acquiresSecurity fee title�toonthesProperty, the(lefahold endshell the 8 complyE fee title shell net mare unless tender stress to the merger in uniting. r- 7. Protection of lender's Rlghtt in the Property. If gorrower tells to perform the covenants and 0 eveemenet ocnt,ined in this leCVrity InetrUment, Or there is a legal proceeding list soy fignificentty effect lender', right$ in the property (such •s • proceed'ng in benkruOttY, probate, for cerdeer'ation or forfeiture or to c enforce lewd or regulations), then Lender may do and pay ler whatever is nee sssfry to protect the value of the Property and Lender's rights in the Prepare Y• L neer lnsc parts net paying ludoreasplying aent' SUMO sfeesecurd end entering lien eh N hes priority over tilt gecurity Instrument, appearing the Property to make repairs. Although lender may take action under this paragraph 7, Lender does not have to do • so. Any 'mounts disbursed by Lender under this paragraph 7 shell bereme additional debt of torrover secured by this oto Security In$trVMnt. Unless Borrower and tend e—egr"!r`lo ib,ren of with portent, 5hst�am urate fromshelbeer rrIne rest tL CC from the date of disbursement at the Note ret• •rtd-ft�s.l „Denotice m Borrower req ettine peyment, ,^��^y ✓/ Y21 -., S. Mortgage Insurance. If Lefdet_ red more eo• It ue, r met P cendltinn of meting the loan secured by oa this Security Instrument, ierrewer sheik pay'ihe pr•ml.nq rere,ir•n'1.•fl loteln the mortgage !neurone* in effect. if, for any the reason, iumserequirede d ton btairi(691rWiV`7 required by LenderQ,11�1to theetttt to meetsNe,be previously in effect. r in a shellc pay e al,int .tee_tit%Coss to iordotrer of the trOrteege ineurence previously In effect, from a, at • CeStnate subet•$O ally , insurance towerele If 4. from en alternate mortooge insurer approved by lsrde.C.^,II tubs'tlantie ly`eQvfvelent mfth of ortge age rege Insurance not •veileble, Borrower shall pay;'te Uo pe t,K,*•...1-, .a r w111 nsura premium being paid by Borrower when ti* IhsuraMe coversOge ops! ,,o s'sed tO be 1n effect. then may ne longer use and retain thee.payment$ as IIs 100 reserve in lieu;of te0i5'a4e ffOeur nce.� L payments be required, at the option of lendenti f Singlet iRsura'Srt(cover Aye (In he amount end for the period that Lender N requires) provided by en insure' '♦'pprevedArtelineae`-ogoid '1'm•sub?'a->dab i!id is obtained. Dorrower shell pew the premlUnf required to maintain mortgage Insurance In N,T.to p�ovide'an,tpss reser vs, until the requirement for p mortNinsurance ends in eccordance\WIth any written eP r js eemem( betwee*lover end tender or eppficuble (ewe 9, inspection. Lender err Its tent may melte reel cnl,tseY',ntrief'ifipen end inspections of the Property. .-- inspection. lender shall live eorrewr notice et tjs. t-ne of or prior to ,rti lf+yp�.CttSn hpteifyirg reasonable cause for the N 10. Cordeenatlsn. the Pren1.71s'e. env/;-,,,,.Pv.rd or testa .a t+el"P,yis, direct or eontnnquantlal, 1n cerveetion r'r with any cordemnetien or ether taking of'any`pef3-of_.the_e.rr.tx'i0r/0r conveyance in lieu of condemnation, are of hereby assigned end shall be bold to lender;.,, iTnJeH,':'eventjlf i total toting of the Property, the proceeds Shell be O applied to the sums secured by this Security beet slim cwhethee reir not tk then duo,na Sue owith th• Property excess paid di to Borrower. N In the event of • earths( taking of the Property, the teklne 1a equal to or greeter then the amount of the sans secured by this Security enftrument immediately before to the taking, unless Borrower end Lender otherwise agree in writing, the Hems secured by this Security instrument o shell be reduced by the amount of the proceeds multiplied by the feitouing fraction: le) the total amount of theii fume secured Immediately before the taking, divided by (b) the fair market vela• of the Property immediettly before a the toting. Any balance Shell be paid to Borrower. In the plant of a partial taking of the Property In which the fair market valve of the Property Immediately before the teklnf It lets then the amount of the SVM secured N otherwise = immediately for the taking, unless Borrower end lender otherwise agree in writing or unless applicable law provides, the proceeds shell be applied to the sums secured by this Security Instrument whether or net Me sums are then due. Unless tender end Borrower otherwise etre, inrwr•ting, ton eperacetiutraphs ifepr creeds toeds toi rrimount ncipal shellh net E extender postpone the due dere of the monthly payments POMf. u 11. Sorrower Net Released, Forbearance ty lender Mot a we've,, gxtenslon of the time for payment or modification of smortlestion of the sums secured by this Security Instrument granted by Lender to any successor InIn c interest of Borrower shell not operate to release the liability of the original iOrreweri3Or Serrewer'a sue ct in tender shaft not be required to commence proceedings against any successor In interest or refute to extend time for payment or otherwise modify srortitatien of the suet secured by this Security Instrument by reason of any demand made by the original gorrower or Borrower's successors in interest. Any forbearance by lender In exercising any right or remedy shill not be a waiver of or preclude the exercise of soy right or remedy. 12. Successors and Assigns Mound; Joint end 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 end agreements shalt be joint and levee(. Any Borrower who co- Sign, this Security instrument but does not execute the More; (a) is co signing this Security instrlreot only to mortgage, /rent and Convey that gorrower's interest In the Property under the terms of this Security Instrument; (b) It not personally obligated to ply the sties secured by this Security Instrtesent; and (c) agrees Chet lender end any other Ierrower my agree to extend, modify, forbeSr or make any accommodations with regard to the terms of this Security inatruaent or the Mote without that itrrcwer's content. 13. loon Charges. if the len secured by this Security Instrument is suhjeet to a hew which sets maximum loan chargel, end that law is finally interpreted to that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) eny such loan charge shall be reduced by the amount necessary ii reduce the charge to the permitted limit; and (b) arty sums already collected from !OrrOwer which exceeded permitted limits Will be refunded to Borrower. lender may choose to make this refund by reducing the principal owed Under the Mote or by making a direct payment to Borrower. If a refund reduces principal, the , i ,in' without y prepayment charge r the wote. 14. Notices. Anyotice to Sorrower povidedfothiS Secttr(tInrmentsh It be•ien by delivering it or by mailing it by first class mail unties% applicable low rnvytlred use of another method, The notice shell be itted the ri Property gorrower or when May other eddas provided ,ddessgnaretrbbyyhnotice to Lender. Any notice to tender shell given to •?• •seed act Packet Pg.1407 16.D.8.a r OR: 2101 PG: 1511 fORM 0 the lW o IS. ionInGoverning Law; Severability. 'hit Security. int irout�tr^t shall r governed by federal law and the jurisdiction In which the Property 1a Ipceted. In the a not that o^Y prevision or clause o/ this Security teen w, set without the ellConflictingn effect provision. to this endi the instrument or the Mote conflicts dist tppllcable taw, such conneia shell net other provisions of this pioviSty IMfr this or ritht Mote which can the e of to be the Note and of this Security provlfitx1 of Nnur a o Instrument and 11be giver ore confdoited copy severable. 16. Narrower.* CepY• part of the rropfreY or Instrument. rt or • beneficial Interest in borrower. If all or any r 17. transfer it sold the ►toot Y et its otrinsf require n any interest in it it or trantffrnd (or if a beneficial lender acid or transferred and immediate Is not a In full Of ell without erdby tshis prior istaod{atf psyxeMt In full of all etas secured by this securlty instrument. However, this option shall not be exercised by lender if Ise Is prohibited by ',dere% law es of the date of this security Instrument. If lender exercised this option, lender shall eve Sorrower notice of eccettntlon, the notice shall provide • period of not ets than 3ur days from the dote the notice Is delivered or nailed wit intewhicheNNarrower rro ern .i t May ell tem d, tend by this invoke any resentment. If edrbyrth fells to py yI stet• aur period, tender try invekt any remedies permitted by this Security Instrument without ertrewr Sther hallee or have�M�b� to Borrower. priorny time to the earlier Of t <a) S days for such le. /orrorer's Right to Reintlat0. If Sorrow• meets certain conditions, n f (a to any pored of o the eperied es p this eaeewsaity specify(spcifo lieinstatemrent)continutd et abefore sale of the Property w ter o Other period at not is Set row ..in rument ret enforcing this Security Instrument, lender all tubs inch then would be due under this security instrument end R tett contained In this Security instrument; or (b) Mtry o • j�db'mt M conditions e are txt celerstrc Ih) paysreasonable attorney's o the Mote Of if no aiteifrellen mad occurred; (b) cures rid default of My other covenants Or abnNttr'tf; (C Y E require to 'Moe that Me lien of real nableiay f l and ( incurred suchh enforcingtr% ethis security rY sonablytre, including, but hats ht mel Secured by this Security fees; and , L takesdeig tstint he Proper My borrower ,tisE reinstatement to tiorrewer, this Security instrument end the obligations Instreament, Lender's rights to the Property and borreuer's cvletae�on to pay secured shall all remainuein n fully e. UponC stewed hereby IM1t ritsrin fully effective a if no aeeeteration Aad occurred. Now in the Mete rightnt fttAer ritA tole shalt not apply in tM case of etceterati n eider WresreM 1T. A heft tt•y result Inst chi R 19. sale of Motel Chard, of long servicer. the Mote or a Partial n security tt (knot) may be sold one or mere timer wltheut prior Hell net due under the Note end this Security in In the entity hereat se the beoons sorvlere") thet tofle:ts caneher WYre dancehe Net*. wIf there f: o a sato wr t"en..netice of the change In Instrument. there also eMY one or erre MPMtt of enj_Poan Strvloe`hurhrrytyt`ednttervteer of dteM Ojddnafete which o) is a change of le tan The willberlrequiredbyCe notice wilt ttata,ll+ ^ nd'R hir!:Ln%pcfla i0'1 W ire noticetes. will t}tS"'coht3l^any rt t1he presence. use, disposal, storage, or payments should be mode. 1': ob jf Me iai ado Substances Ser rr 4.6„efiff not cause or ihf preceding two sentences to do, C.7 release O1 any Masartlotri tib{lancet on Ar lt.fY lin Properly. borrower �4t�,J1-^et do, nor OMNI anyone tlN to do, of smell pwnRltll. of a pr*eori fubatasett that are U anything affecting presence,the PeVie, thats N (non het'W Li_P.L t o n tii,,ltiea not applylto oho zuse, prate to or identiet ul'detend w intlnence of the Property.generally htoBpromp to be eppendetate tterye Ice n imfatfgation, Clair, demand, lswsult or other action by 0 anrgov shall promptly reg give l ,ger;wrliOrtgi$1psatr v a pperey and any feterdous substenca or 2 �� la notified by any mavtr^nMntat or any revgntlor regulatory owenbh 0�ect at't ovule, ova l• r( errt cue .Substance tifetlry the goveerte It to riguIsevrntal LOUhof which any oche d�Atipnloi> Srco qr l.srnt. or renecesstry, authority, t tts"iie e l e4* a�yjfeiro4 sett in atoorde^ce with environmental taw. awstaneas ew As used rI / shale promptly s lences�afe the+YPsubttauo.tig dtrr as toxic or haiardous tt, As used o this plawOa dh h 'Nesse otharflamiabte or toxic petroleum pro e- by Bnviesticides and am the eit, velnyaab$0l tt: materiel, c /' os or formaldehyde, and v- toxic Cttve mate and herAciused, netatlssragrants, materiels dbf*Si iiwi t federal laws and laws of the to i as agrapA onn�__�`{`{il Kwl',R'! , ndisdctmaterials. As PropertyrtIn toy p Y tat "toe a C Mvironmentsl protection. o jurisdiction tAccel the , nem It lotit!t(td•lhat relatelto notice t t:ojio, rior to acceter•tion following N fthind(but not prior to acceleration under Ci 21.breach covenant r L idler sial' lilts to t y rents( cw ty unless applicable low provtdet thetdiio4.---tae-^ol:1411fq a11'specifyt (a) the default; tb) the action Ci BOrrOwlr'{ br Hth of MY tOvtMnt Or eg►1eM/nj'tih ri�thtt Sfcvrfty 1 µ?, rergreph IcOM,rhe date the notice is given to borrower, by wih required to cure the default; (c) n d(d) hat fa1tutt+ir hunt,. e,delsult on or before the date specifiedsIn the N wc the dresult cost be lured; end th) that secured`ty°e's s to noticee .h.y sale in of the retlon of tThesunlce h�4)eturthersInform Svrr owe of the right wto bre tsetse after acceerand ttPoeass,rt acceleration end the right le assert in the Iowan,, I proceeding tois t snot cured Mee of t forevthe tspeci1 or any e m defense of borrower to aeteitration err forte;suredlaif t'ie oft a ltn full of all red on orbefore by the date 'ified in O the notice, lender, r ler Option, may y fjudicial proceeding• 2 and may foreclose this Security Instretment by including, but instrument withoutofurtheral extend = be entitled to collect all expense* Incurred in pursuing the ra"e,)tet Provided in this paragrs O. not limited to, reasonable Y't fees end costs of the title evidence. O. 22. Releste. Upon payment of all sur secured by this Stturity Ifteor nt, Lender shell release this cn Security Inetruhent, without charge, to Borrower. borrower shall pay a 23. Attorneys' fees. As used in this Security Instrument and the Note, "ettorreys' fees' shell include any E r ended attorneys' feet awarded by an appal tats enure. E js, Riders to this Security Instrument. If one or mor, riders are executed lyy Berrowr K with nIt Instrument, end srider ' POtwo Into = atogether nd shellmodand thoenert$ endagreements of this Security Instrument at shell the rider(s) rt a Q pert of this security Instrument. (Check Applicable los) O Adjustable Rate Rider 0 Rste Improvement Rider ❑ 1.4 ret+ily Rider 0 Ondusted Payment Rider 0 Biweekly Payment Rider ❑ Ialloai Rider 0 Second Mcme eider 0 Cpr,dpm1n11ta Rider 0 Planned Unit Development Rider 0 Otheris) (specify SIGNING bEIOW, borrower accepts and ddagrees reesdto the withit. and covenants :outlined In this Security Instrument end in any riders) fxeevtd by borrower aSigned, sealed and delivered in the presence of: 5. Packet Pg.1408 „Myed.wp 16.D.8.a OR: 2101 PG: 1512 • rnxN. Signatures ./ �i .' l''' )12/// •, ///'77.4'... fl{naturut terro.ear Mfguel Garza •j print NMet PATRICIA A. REGAS ` Addrutu Signature: i�Kt� Ipnaturor tit a\ 1(a.cfrt/4t at) Sf1e orrouer zanna Mart net print Nom: MARLEY A. MINARD Addretei Signature: (Seat) Slpnturts . Sorrowr Print MallsIT Addreetr rn t 0 2 {fynsturtl Signature, (Seel) O --- Sorrow 0 0 Print Near: Address) -- m m R u) STATS OF FLORIDA ,./ Ly U COUNTY Of COLLIER N in o. f \ A 21, v in I hereby certifythat on t ie day.Mere exp snye ricer r du y ou horned in the State aforesaid Ord in the N ; ! 1 1r—'` \�;'�f jin � N county aforesaid to eeke eeknorledOlnme04ld p�rlenai 1y Appear MI1itlEJ GA A''AND SUZANNA MARTINEZ OD �1 ""-r.2.....-_'—, f `Vjw.� \✓'N to we known to be y wrtpn(t3.,ddelatribad In end who executed the feregelrlg \i`;),,,\. ? / f o they txecuteA tha /n�Ffor the purpose therein fADrfated. N Instrument and uknowledeed before tae tMt� `"' 1 L co YI1Nuf try hand and official meal In the County and (tate arorefeld this 11th day of SEPTEMBER t t 0 E Me My Commission!spirs // �' a Notary 'u c's S.snsturs L = PATRICIA A. REGAS u' �. Notary's Printed None �_.. N E ,b1 reorr PATHICN A REC0AS -_ 01100.'1''' a "Ay Con mwoo'CCA6a197 U (ttAt) * ,':q * ow•••uw.oo,Sloe Q d.d w me +�''r e1 coo,:r tao.'eoomez.e.ars ....:A wered.rp Packet Pg.1409 *** OR: 2101 PG: 1513 16.D.8.a EXHIBIT A LOT 42, BLOCK 4, TRAFFORD PINE ESTATES, SECTION ONE, ACCORDING TO PLAT IN PLAT BOOK 10, PAGES 99 AND 100, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. a- a) as 0 9- 0 0 U f6 otSw U) , L a /r r ��1 \\77\ f I, ( , it r rte/ ➢ c' `' ti \ lI '� co \\,4\, •i \-- / N r; 0 2 a_ U) a, E t 0 Packet Pg. 1410 i 6.13 42''` 04 OR: 4438 PG: J77D}Ba RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, F' 03/27/2009 at 02:39PM DWIGHT B. BROCK, CLERK FORM O OBLD 15000.1 OBLI 15000.1 REC FEB 27.1 DOC-.35 52.! SECOND MORTGAGE Retn: HOUSING& HUMAN SERVICES INTEROFFICE THIS SECOND MORTGAGE("Security Instrument")is given on March 25,2009 Agi:SaigntilirtilaR FT 5312 Evens Saint Louis and Wilianie D. Saint Louis, a married couple ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tamiami Trial #211, Naples, Florida 34112. Borrower owes Lender the sum of Fifteen Thousand Dollars(U.S.$ 15,000.0 0).This,debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt, if not paid earlier, due and payable on sale of property, refinance, or loss of homestead exemption. This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County, Florida. a) ro More particularly described as:Lot 19,Block 14,Unit 1,Golden Gate,recorded in plat book 5,pages60-64 in the Clerk of Circuit Court of Collier County,FL 0 Folio#35649280007 0 and which has the address of ("Property Address"): 4451 23rd Place SW (s..) O Naples, FL 34116 TOGETHER WITH all the improvements now or hereafter erected on the property, rights,appurtenances,and all easements, a urtenances,rents, w I 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 io 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 estate hereby conveyed and has the right to mortgage,grant LL and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend v) generally the title to the Property against all claims and demands,subject to any encumbrances of record. 05 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by V jurisdiction to constitute a uniform security instrument covering real property. U UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of 0- and interest on the debt evidenced by the Note. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest t/) thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of ti 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 o' interest due;and,to principal due;and last,to any late charges due under the Note. 4.Charges;Liens.Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which re) may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender a) 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 O 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 a 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 in the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for °' which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The s insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval,which shall not be unreasonably r withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights Q in the Property in accordance with paragraph 7.At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable, all premiums in respect thereto,including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage.Such insurance at all times to be • in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30- day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution ofSecurity 1 Packet Pg.1411 wp 16.D.8.a OR: 4438 PG: 399D FORM 0 Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy damage or impair the Property,allows the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action orproceeding to be dismissed with a ruling that,in Lenders good faith determination,precludes forfeiture of the Borrowers interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lien, which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7,Lender does not have to do so.Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 1, 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security a) Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage t al insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage 0 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 o insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance c premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these o payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if u mortgage insurance coverage(in the amount and for the period that Lender requires) c5 eq )provided by an insurer approved by Lender again in 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 rn applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give c4LL 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 co 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 a 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 n 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, N 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 N 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 coo 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 to Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly c payments referred to in paragraphs 1 or change the amount of such payments. N 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 of release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings C against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security a 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. rn 12.Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security o 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) 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 Z 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 or Instrument the ' Note without that Borrower's consent. a, cv 13.Loan Charges.If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that E 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 ci ' 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 Q 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 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 Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security aeped.wp 2 Packet Pg.1412 ''� 16 ' ' OR: 4438 PG: 39 o .,n.D.8.a FORM 0 Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19.Sale of Note;Change of Loan Servicer.The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and c herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20, ra cr "Environmental Law"means federal laws and laws of theurisdiction where the Property 1 p rty is located that relate to health, safety or environmental protection. o 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 o 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 c 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 o the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the u ra Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure isi preceding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or 'a before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security kn Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all 0_ expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs cn of the title evidence. 22.Release.Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without °d charge,to Borrower. Borrower shall pay any recordation costs. U 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded 0.. 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 a Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and = agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) N —I f1 N U Adjustable Rate Rider U Rate Improvement Rider U Condominium Rider m u r-I n Graduated Payment Rider I_J 1-4 Family Rider U Second Home Rider m I--I Balloon Rider LTJ Biweekly Payment Rider l_J Planned Unit Development Rider or oi U Other(s)(specify of 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. a) Signed,sealed and delivered in the presence of: rn -, ar Witness Signature:k a2e'L7-f1.d.--1-1--- Signature: c(Jl ,45 2c-W" i 4 •r 7 t o / Borrower s Sai• , •uis- 2 Witness Print Name: trSQ Ai Ca rignature: i• 67ia. Borrower / Wilianie D. -int Louis = Witness Signature: /� , O Witness Print Name: a� C4��,�,^(/( Address: 4451 23rd Place SW a) ( Naples, FL 34116 L STATE OF FLORIDA L) COUNTY OF COLLIER 'a Q I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Evens Saint Louis and Wilianie D.Saint Louis to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that HE/SHE/THEYexecuted the same for the purpose therein expressed. 1 ' WITNESS my hand and official seal in the Courtly and St e aforesaid thisL ) qday of {tIfC,11 ,2009. My Commission Expires: A.0� ci IN Public's Signat (Seal) 141 SC I fI � PRISCILLA DORIA. Notary's Printed Name DO�7 G. Notary Public,Stat;of Ootids My comm.exp.May 9,2009 Comm.No.DD 427346 3 Packet Pg.1413 e,ed.wp INSTR 4376450 OR 4521 PG 2457 RECORDED 12/22/2009 12:08 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 16.D.8.a REC $27.00 OBLD $0.00 OBLI $0.00 Prepared by and return to: Priscilla Doria Housing&Human Services 3301 E.Tamiami Trail,Bldg H,#211 Naples,FL 34112 0) co 0 MORTGAGE MODIFICATION AGREEMENT 2 13 THIS IS a Mortgage Modification Agreement, made effective as of the 13th day of o December 2009, by and between Evens Saint Louis and Wilianie D. Saint Louis, hereinafter U called"Borrower"and the Collier County,hereinafter called"Lender." y W.I:T-NESSTTII: cn 1 A ., . :_,0 uu.. In consideration of the mutual ovenants contain d`her in, the Borrower and the Lender 06 agree that: / , / \ v f ✓ _ a. 1. Promissory l$ote'fand Mo xge.. Borrpwer has given to Lender, a promissory n. note and mortgage dated 1VlarcIt`25; QOr'fi eco'are 2e7zQ09,\and recorded in O.R. Book u 4438, Page 3994, in the Public te4ord o lIe�r O�otin ,�orida.I Borrower warrants that it is �;; { t still the owner of the proper 'tendo s,hat it iss o. ei•and holder of said note and o mortgage. Both parties wars ni\they have good ri Tt, and!autli try to enter into the Mortgage to Modification Agreement. \‘',:::,\\,. / /c / o f N 2. Status of Payme'ts, ^Thew are no,.p riiknts required and the mortgage and promissory note are not in default. 8 , - , co 3. Modification. In consideration of the mutual covenants herein and other good a) and valuable considerations, the parties agree that said promissory note and mortgage are o modified as follows: o. E cn (a) The principal balance of the promissory note is now $14,997.00, which shall at the rate of zero percent per annum. E (b) No Payments are required as long as the homeowner does not sell, refinance 0 or lose their Homestead Exemption. The term of the loan is 15 years and every 5 years 1/3 is Q forgiven so that at the end of the term the note is paid in full. 4. Other Terms. Notwithstanding anything to the contrary herein or in the Renewal Note or Mortgage, the lien and operation of the Mortgage shall continue in full force and effect except as modified by this agreement. All other terms of said note and mortgage remain unchanged. -1- Packet Pg. 1414 OR 4521 PG 2458 16.D.8.a 5. Compliance. The Borrower covenants and agrees to perform, comply with, and abide by each and every one of the provisions of the Renewal Note and Mortgage, as modified hereby. 6. Agreement Binding. This agreement shall be binding upon and inure to the benefit of the heirs, legal representatives, and assigns of the Borrower and to the successors and IT assigns of the Lender. a) co a1 t In Witness Whereof,the parties have caused this agreement to be executed as of the o date first above written. o a 0 U ,t'..' DATED thisX3te day of 2009. f Signed, sealed, and delivered ... -_js '��`,. n in the presence of , �• "'-'` M.. .'` , pa I .�,r _,..__ .--- \ \� 0 / .=-.�. ..�-. a. Borrower: �I i,. .X: ` '-'y`, A (o-htower:orru) , �• �\,,,,., • .. _ ,. • I CO 04 4 v 1riL1,0 /it,(1/- z "•\4^ ' i;.1.1 4�1�; r 44 I ._ ,e.. \`, VYi r dire D.Saint Louis vens Saint Louis N ..„,,,, y, Oi t .�, o A. . iw 0 m a, t 0 2 a. STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING instrument was acknowledged before me this/3 ay E o of � j, 2009, by Evens Saint Louis a d Wilianie D. Saint Louis who is personally :° known to me or who has produced ' n ification. Q ii ;, MARCS.BELLEUS �,/1I:,� (SEAL) ''SF's ' 1.1rincco�nasslONnDD616a89 � �.`► , �� Name: A/.a _.." ern+ ,rrouvrra umrsz^..^:.: ;n ter " MARC S.BELLEUS `,,,y...";�1 MY COMMISSION#DD616889 �?'k'Mntt � �% t- EXPIRES:Navccnbcr23.2010 C 1471.].OTARV U.Nvay Dismmt Arne Q -2- Packet Pg.1415 *** OR 4521 PG 2459 *** 16.D.8.a Lender: Collier County Marc` y Krumbi<ne, irector R Housing&Human Services °5 0 4- 0 0 STATE OF FLORIDA COUNTY OF COLLIER w THE FOREGOING instrurne acknowledged before me this /e-6 day of ern ��, 2009, by Marcy ` neczdci ` ing & Human Services Department of Collier County,who is personae. ` vn to me. / •.____t, t o PRISCILLA � � � �� (SEAL) °';.Air Cofnm#I�DO 91 `' �.if' cn '' 1 E piir^eslt o ota tpc rN!a'�z `` FaorIO Nbta nc C---cm d r i I mo• 2re G�. a1 a) a. w c -3- Packet Pg. 1416 I6.D.8.b Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE a, KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is as a) 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Monica Martinez to COLLIER COUNTY, recorded on 12/11/2007 in Official Records Book 4310 ,Page 2265 , of the Public Records of Collier County,Florida,securing a principal sum of$20,250.00 and certain promises and obligations set forth in said Mortgage,upon the property described in the aforementioned mortgage. a) 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. 06 This Satisfaction of Mortgage was approved by the Board of County Commissioners on - U ,2016,Agenda Item Number n- 0 a_ ATTEST: BOARD OF COUNTY COMMISSIONERS • DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA ca By: By: m ,DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner Approval for form and legality: N Jennifer A.Belpedio •0# Assistant County Attorney N 4 a_ Y C Q� 1_ U c6 Q Ca) Packet Pg. 1417 I6.D.8.b Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE d a) KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is as 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain o Mortgage executed by Brandon French to COLLIER COUNTY, 2 recorded on 07/10/2009 in Official Records Book 4471 ,Page 532 , of the Public Records o of Collier County,Florida,securing a principal sum of$6,200.00 and certain promises and obligations set forth in said Mortgage,upon the property described in the aforementioned mortgage. 9- 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. LL, This Satisfaction of Mortgage was approved by the Board of County Commissioners on - °a ,2016,Agenda Item Number a. a. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: co ,DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner Approval for form and legality: o 0 Jennifer A.Belpedio \k40 Assistant County Attorney03) .�� N cn co U RS .1+ Packet Pg. 1418 I6.D.8.b Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE rn KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is ar 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Eredia Reinoso Deleado to COLLIER COUNTY, recorded on 08/23/2010 in Official Records Book 4597 ,Page 2119 , of the Public Records 6 of Collier County,Florida,securing a principal sum of$2,200.00 and certain promises and obligations set forth in said Mortgage,upon the property described in the aforementioned mortgage. 4- 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 c record. u' cn stl This Satisfaction of Mortgage was approved by the Board of County Commissioners on - U v ,2016,Agenda Item Number t.- 0 a_ x U) ATTEST: BOARD OF COUNTY COMMISSIONERS cv DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA rr By: By: ,DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner ai Approval for form and legality: to 0 Jennifer A.Belpedio (37 U Assistant County Attorney N a_ z c 0 E f0 41.5 as GING Packet Pg. 1419 I6.D.8.b Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE a) KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is a, 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Miguel Garza&Suzanna Martinez to COLLIER COUNTY, 2 recorded on 09/21/1995 in Official Records Book 2101 ,Page 1509 , of the Public Records o of Collier County,Florida,securing a principal sum of S 5,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. cv COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and en surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of in record. u_ to This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2016,Agenda Item Number a_ x U) ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA r-- By: 'By: By: cc ,DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner ri Approval for form and legality: o Jennifer A.Belpedio (3�/ Assistant County Attorney '.� es es ` to a. N asE U (c)P Packet Pg. 14420 I6.D.8.b Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE cn KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Evens Saint Louis & Wilianie D. Saint Louis to COLLIER COUNTY, 46recorded on 03/27/2009 in Official Records Book 4438,Page 3994, of the Public Records of Collier County, Florida, and a Mortgage Modification recorded on 12/22/2009 in Official Records Book 4521, o Pane 2457 securing a principal sum of$14,997.00 and certain promises and obligations set forth in said co Mortgage,upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and N surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of N record. alS This Satisfaction of Mortgage was approved by the Board of County Commissioners on - a ,2016,Agenda Item Number a_ to N t�- ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner a Approval for form and legality: r Jennifer A.Belpedio l N Assistant County Attorney (y-� Tas cn a. to f6 a-. 0 Packet Pg. 1421 16.D.8.c �o�l7�r Cr�sTnt=1 COLLIER COUNTY Community&Human Services 3301 E.Tamiami Trail,Bldg H#211,Naples,Fl 34112 Client Name: Evens&Wilianie Saint Louis 4451 23rd Place SW Naples,FL 34116 File r 09-027R SHIP GRANT IJob Description I General Contractor Amount AC System ducting Sande's Cooling $2,350.00 minor electrical A.Martinez $1,450.00 drywall/framing/base A.Martinez $1,125.00 bath#1 vanity etc. A.Martinez $1,000.00 C1 bath#2 tub rehab A.Martinez $3,500.00 bath#2 vanity etc. A.Martinez $1,000.00 laundry room plumbing A.Martinez $675.00 closet doors(2) A.Martinez $445.00 O dishwasher A.Martinez $770.00 Water Heater A.Martinez $560.00 O_ Over the range Microwave A.Martinez $350.00 Unclog bathroom#2 plumbing A.Martinez $290.00 Kitchen Electrical up to code A.Martinez $780.00 to Reset A/H Unit Mercury Rising $702.00 ITotal $14,997.00 (/) This Mortgage will be forgiven forgiven at the fifteeth(15th)year anniversary date of mortgage. LUL 113 will be forgiven every 5 years C/) 2009-2014 2015-2019 2020-2024 a� Year 1-5 Year 6-10 Year 10-15 V $14,997.00 $9,998.00 $4,999.00 0 a a. fn Residential Rehabilitation Program Cs] Collier County Government cc Community&Human Services Phone:239 252-2273 www.colliergov.net/housinq 0 J co U) (1) a) C.) fn O tS N L cO C a) E V tS Packet Pg. 1422 -o (a6e6pow;o uoo;oe¢sRReS 1:1dS V 33d0 dIHS : ZL94) [Z uo!S!Ae ] 91,'£4'60 do oeq dVS dIHS :duawgoe;;y N cc Tr Ci a) co d r' r a) Y C) caa E 0X E7- V = 02FC/) ( u) 0=~ 0 O 0 0 0O, N— C• N CO a)N (0 CO CO CA CO M N:.cc E c (I) CO CO m O Z O O O O (n W - d 7 Q o z -J H ZU) _ Q (n CC LUW H Z H Q (n J ,a- a) G) N V a) (0 - N Z Z; co O z N W rn rn 0 0 0 LL U p LL O C "O LL >-• ° ` 0 Q m d CO co r • C_ _ t c Q m E w OJ a_ a_ a a_ o _ _ _ = o N Cn cn u) H > 0 0 0 0• O O O >, 0 0 0 O ( ) V (O O O CD 0 O O V O) In O V a) CA N N V CQ N N CO d O O (O (O 2 N N W Q (A N CA M Q C) O CA (» 0 U R5 > > EA EA (A (D (D O O-- — ro o 0 0 m o C6` N N NNI O M O O O CO Com N M M --1.- ..°.. 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