Agenda 10/11/2016 Item #16D 2 16.D.2
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign one satisfaction of mortgage for
an owner-occupied affordable housing unit that has satisfied the terms of assistance for Collier
County CDBG Community Development Block Grant Program.
OBJECTIVE: To support the affordability of housing in Collier County by providing first time home
buyers with down payment assistance and owner occupied single family residential rehabilitation
programs.
CONSIDERATIONS: Collier County offers assistance to individuals to make repairs to owner occupied
housing units through state and federal grants, such as the federal Community Development Block Grant
under 24 CFR 570.202.
If property is occupied as the principal residence during the initial five-year or ten-year period, the
assistance provided is forgiven. The following table shows details of the client who has fulfilled the
obligation of the CDBG assistance provided and is entitled to a satisfaction of mortgage.
Name(s) Grant/ Address Date of Recording Loan Amount
Affordabilit Mortgage Date OR being Satisfied
y Period Book&PG
Heather CDBG 10 1480 Green 02/16/2007 02/21/2007 $18,267.98
Grimshaw* year Valley Circle 4186/3435
#201
TOTAL $18,267.98
*A Certificate of Death was provided to CHS for Ms. Grimshaw - Paragraph 1 of the Mortgage provides
that in the event of death of the borrower all of the debt will be forgiven.
Approval of this item will authorize the Chairman to sign the aforementioned satisfaction of mortgage
and the executed document shall be recorded in the Public Records of Collier County,Florida.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. -JAB
STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign one satisfaction of mortgage for an owner-occupied affordable housing unit that has
satisfied the terms of assistance for the Collier County Community Development Block Grant.
Prepared By: Wendy Klopf,Operations Coordinator,Community&Human Services Division
ATTACHMENT(S)
1.Grimshaw Satisfaction of Mortgage (PDF)
2.Grimshaw-CDBG Mortgage (PDF)
Packet Pg.965
16.D.2
10/11/2016
Packet,Pg. 966
16.D;2
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2
Item Summary: Recommendation to approve and authorize the Chairman to sign one satisfaction
of mortgage for an owner-occupied affordable housing unit that has satisfied the terms of assistance for
Collier County CDBG Community Development Block Grant Program.
Meeting Date: 10/11/2016
Prepared by:
Title: Operations Coordinator—Community&Human Services
Name: Wendy Klopf
08/30/2016 11:29 AM
Submitted by:
Title:Division Director-Cmnty&Human Svc—Public Services Department
Name: Kimberley Grant
08/30/2016 11:29 AM
Approved By:
Review:
Public Services Department Kimberley Grant Level 1 Add Division Reviewer Completed 08/30/2016 2:15 PM
Community&Human Services Blanca Aquino Luque Level 1 Add Division Reviewer Completed 08/31/2016 8:24 AM
Community&Human Services Kristi Sonntag Level 1 Add Division Reviewer Completed 08/31/2016 12:37 PM
Public Services Department Amanda O.Townsend Level 1 Add Division Reviewer Completed 09/05/2016 11:29 AM
Public Services Department Hailey Margarita Alonso Level 1 Add Division Reviewer Completed 09/13/2016 3:30 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 09/13/2016 3:38 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/13/2016 3:53 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/14/2016 8:28 AM
Grants Erica Robinson Level 2 Grants Review Completed 09/14/2016 12:53 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/14/2016 2:14 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/16/2016 9:59 AM
Grants Therese Stanley Level 3 OMB 1st Reviewer 1-4 Completed 09/16/2016 3:42 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 10:15 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
Packet Pg.967,
16D 2.a'
Prepared by:Wendy Klopf
Collier County
Community and Human Services
3339 E.Tamiami Trail
Naples,FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
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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 Heather Grimshaw to COLLIER COUNTY,
dated 2/16/07 and recorded on 2/27/07 in Official Records Book 4186 Page 3435 of the Public
Records of Collier County, Florida, securing a principal sum of $18,267.98 and
certain promises and obligations set forth in said Mortgage, upon the property described in the
aforementioned mortgage.
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COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and tr i
surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of y
record. 0
This Satisfaction of Mortgage was approved by the Board of County Commissioners on - U
,2016,Agenda Item Number
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK OP COLLIER COUNTY,FLORIDA
By: By:
,DEPUTY CLERK Donna Fiala, Chairman 2
Approval for form and legality: y
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Jennifer A.Belpedio
us
Assistant County Attorney y
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16.D.2b
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Project Number HM 05-06-07 1
MORTGAGE
THIS MORTGAGE("Security Instrument")is given on_February I1P2007 The Mortgagor is:
Heather Grimshaw, a single woman ("Borrower). This Security Instrument is given to = A
Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address .. b;
is 3050 North Horseshoe Drive.Suite 110.Naples,Florida 34104 . Borrower owes Lender the sum of Eighteen o r, •
Thousand Two Hundred Sixty Seven Dollars and 98/100(518267.98).This debt is evidenced by Borrower's Note "°
dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payabli o
on transfer of title,sale of property,refinance,or loss of homestead exemption.This Mortgage will be forgiven at the ten(10)yea, ..q0
anniversary date of mortgage. This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the
mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the .
security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security
Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following desaibed property located in
Collier County,Florida.
More particularly described as:Unit No.201,Phase I,Springwood,a condominium,according to
the Declaration of condominium and exhibits thereof recorded in Official Records Book 1088, o
pages 1564 through 1652 inclusive,of the Public Records of Collier County,Florida.. Folio#
74860040003
and which has the address of: • a
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, = R p
appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part —o
of the property.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this q rn'C
Security Instrument as the"Property". ale C D
BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to z. 4.,0
mortgage,the Property and that the Property is unencumbered,except f of record.Borrower warrants and will defend generally the mi, o "
title to the Property against all claims and demands,subject to any encumbrances of record. ▪ 1 p r=.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited -▪ ' «•
m, t)x7
variation by jurisdiction to constitute a uniform security instrument covering real property. „s , c r
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: ;, ,
1. TERMS: The Borrower)of this Mortgage•-•r •;:n:-:..r_•.-•Defers Repayment '° , u b
71
Loan,'the terms of which are intended to ensu: : . tip- '*7 •.ent Block Grant(CDBG)funds utilized to facilitate r
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the rehabilitation of this Property are recap +.,.r;r ed to assis . •i>'- • •=r-income home owner with rehabilitation unless A, u.
the affordability requirements are met. , N ra
.. m
The terms of this Mo•
g : no r:• = h. paym is •> made as long as the makers = m"
comply with the following c• dit'•ns an . • o 'ons: � c.)
Borrower shall occupy th Pro.- as •:it ri p j T •o the Property is not allowed even on a c a m;
temporary basis. Failure to abide y th(• spat of n _ r--ult n foreclosure. The Borrower shall be ? '' 00
141
required to submit proof of principal u• i n ann is•-:' ping on the anniversary of the first-year a
occupancy and annually until the en••• , -t -. a • zation• S—: a." include:proof of homestead exemption, ../. °O cr
copies of paid receipts for taxes and nce,and copies of insu fl ,j• owner-occupied Property listing Collier k°ra
County as Mortgage Holder. If the . fails to provide suffid= •f of •• °n
y- p cy in a timely manner,the Lender may .
contract with an independent title corn•- rforrn the necessary - •- .t-r,• ,the cost of which will be added to the •-• 0
principal amount of this Mortgage. - - E'
In the event the Borrower cease• 1!!'• • . pancy,trans> any manner dispose of all or a portion of the `" m'
Property which is subject to the Mortgage prior • 11- . ,, end of the amortization,then the principal amount p
of this Mortgage shall become immediately due a : • ::;r.
9
The Borrower shall not refinance the indebtedn:, • .•by this Mortgage.The Lender prior to granting approval shall
review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the .2
HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, w
reduces or modifies any provisions of the First Note or the First Mortgage,induding any provision requiring the repayment of E
money.
The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any
manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of c
the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced °u
incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the
date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such
would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f =
there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. Q
In the event of the death of the Borrowers)prior to expiration of the,affordability period has been attained,all of the debt
will be forgiven.
2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties
or interest thereon.
The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX 1)all taxes and governmental
charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all
utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep
and improvement of the Property,and(3)all assessments or other governmental charges that maylawfully be paid in installments
over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as
are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to
Mortgagee evidence of such payment.
3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be
applied;first,to principal due;and last,to any late charges due under the Mortgage.
4. Charges;!rens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the
Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any.Borrower shall
promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or
i1 defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of
the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security
Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the
actions set forth above within 10 days of the issuance of notice.
Page 1 of 4
LL Packet Pg 969..
A .D.
2.1i
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 caner providing the insurance shall be chosen by Borrower subject to Lender's approval which
shall not be unreasonably withheld.If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain
coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding,
the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily
insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all-
risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,
and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended
coverage endorsement,including debris removal coverage.Such insurance at all times to be in an amount not less than the full
replacement cost of the Premises,exdusive 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 caner 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 daim,then
Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured
by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is mailed. Unless Lender and
Borrower otherwise agree in writing,any application of proceeds to 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 m
acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the cri
acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. co
ay
6.Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, c
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 the o
affordability period r after the date of occupancy, unless Lender otherwise agrees in writing,which consent shall not be a
unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy o
damage or impair the Property,allows the Property to deteriorate,or commit waste on the Property.Borrower shall be in default if 0
any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture 4a
of the Property or otherwise materially impair the lien created• this Security Instrument or Lender's security interest. Borrower w
may cure such a default and reinstate,as provided'• ..•••...,r.-1-.- using the action or proceeding to be dismissed with a i
rulingthat,in Lender's good forth determi = c
9 - - r•, rrowers interest in the Property or other materia �
impairment of the lien created by this S • ... _ t or Len.-`��1r,�..• interest. Borrower shall also be in default if tY
Borrower,during the loan application p•.:c _materially false or in... •,M• .rmation or statements to Lender(or failed to '9
provide Lender with any material inform_fr 'connection with the loan evid-•ced• the Mortgage,induding,but not limited to, 0
representations concerning Borrower': .• 1.•- pnnci.-I r:. Bence. If this Security Instrument is on CO
leasehold,Borrower shall comply wi. all th' ' Pt. . - uires ee title to the Property,the leasehold end osvU
the fee title shall not merge unless L- de - . .,.
7. Protection of Lende s �.r firs to .: orm the covenants and agreements m /'1
contained in this Security Instru - ,or r: is aw .. Ani -n, affect Lender's rights in the Property a°'o
(such as a proceeding in bankrupt .R or .•. n. i rfeitu-'. •en'•.. or regulations),then Lender may do
and pay for whatever is necessary .tarot lu- -.— := • and-'- :'-• in the Property. Lender's actions may w
include paying any sums secured by V-- ,which has priority over thr i-ecu' Ins. t,appearing in court,paying reasonable co
attorneys'fees and entering on the P•"- to make repairs. Althou' en.-r • - e action under this paragraph 7,Lender ay
does not have to do so. Any amoun- •''• ed by Lender under t •a-• -.%' .hall become additional debt of Borrower o
secured by this Security Instrument . G
8. Mortgage Insurance. If Le •mortgage incur-_
9 ge ••_4-. .•edition of making the loan secured by this
Security Instrument,Borrower shall pay the
,it
:k { , : - •• •rtgage insurance in effect.If,for any reason,the 03
mortgage insurance coverage required by Len.'+17 --:-...„-r....•,-: . - ect,Borrower shall pay the premiums required to
obtain coveragesubstantially T•._: - roust in effect,at a cost substantialV
equivalent to the mortg=•- .-, r � y N equivalent to the cost
to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender.If substantially R
equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of c
the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. E
Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance.Loss reserve payments may no '•':'
longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires) 0
provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to c
maintain mortgage insurance in effect,or to provide a loss reserve, until the requirement for mortgage insurance ends in W
accordance with any written agreement between Borrower and Lender or applicable law. E
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall coy
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. =
10.Condemnation.The proceeds of any award or dam for damages,direct or consequential,in connection with any Q
condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall
be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security
Instrument,whether or not then due,with any excess paid to Borrower.In the event of a partial taking of the Property,in which the
fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this
• Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)thetotal amount of
the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking.
Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property
immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender
otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this
Security Instrument whether or not the sums are then due.Unless Lender and Borrower otherwise agree in writing,any application
of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change
the amount of such payments.
11.Borrower Not Released,Forbearance by Lender Not a Waiver.Extension of the time for payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in �\
interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right
or remedy.
Page 2 of 4
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16.D.2.b
12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of
Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security 1
,'"'"in\ Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums
secured by this Security Instrument and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13.Loan Charges.If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan
exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.
Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.
If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it
by first dass 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 i
Instrument. However,Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits cr
exercise. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of C
not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this o
Security Instrument. if Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies 2
permitted by this Security Instrument without further notice or demand on Borrower. c
18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have r:
enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as o
applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security m
Instrument;or(b)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower(a)pays Lender all .
tS
sums which then would be due under this Security Inst. •.. a Note as if no acceleration had occurred;(b)cures and ;,•
default of any other covenants or agreements(c • u r in enforcing this Security Instrument,including,but rj
not limited to,reasonable attorney's fees;and •
1Fgs -y reasonably require to assure that the lien of this
Security Instrument,Lender's rights in the P4. r,l� Borrower's obli •- the sums secured by this Security Instrument U.
shall continue unchanged. Upon reins- r �i1'y Borrower,this Security rr t and the obligations secured hereby shall N
remain fully effective as if no accelerati• h-M.. wed.However,this right to ns- shall not apply in the case of acceleration m
under paragraph 17.
19. Sale of Note;Chan, of •an • T ote or partial r eres in the Note(together with this Security U
Instrument)may be sold one or mor:ti :- ,,� ;* s •r ay ult in a change in the entity(known as
i� the"Loan Servicer)that collects •nthly - r : i� :. ri Instrument.There also maybe one or rn
more changes of the Loan Service unre r • :-i ::`i: .:ng.of the Loan Servicer,Borrower will be coT
given written notice of the change in:-••>.. .. r' •. . h •ap..-. -I e notice will state the name and address
of the new Loan Servicer and the ad i rass o r pa s •u:!• ma.-. :di •:will also contain any other information
required by applicable law. l
20.Hazardous Substance . " • -r shall not cause or•=-` 'j ,r e• e:,use,disposal,storage,or release of any t
Hazardous Substances on or in the P••_-t::, :•rrower shall not do,no •:else to do,• anything affecting the Property 0
that is in violation of any Environmental L.. receding two sentencest; • apply to the presence,use,or storage on the
Property of small quantities of Hazardous l that are general _•to be appropriate to normal residential uses C7
and to maintenance of the Property.Bo - -r`al i •.• •'•av d- 1111►••'en notice for any investigation,claim,demand, 0
lawsuit or other action by any governmental or :-:-`14•111.:g- if •,• -e party involving the Property and any Hazardous t.)
Substance or Environmental Law of which Borrower has... • •..edge.If Borrower learns,or is notified by any governmental +y
or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, ra
Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.As used in this paragraph 20, nu
"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following E
substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, 0
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 c
protection. m
21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of z
any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law n
provides otherwise).The notice shall specify:(a)the default;(b)the actionm
required to cure the default(c)a date,not less than 30 Q
days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or
before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by
judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and
the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and
foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option.may require immediate
payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument
by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph
21,including,but not limited to,reasonable attorneys fees and costs of the title evidence.
22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security
Instrument,without charge,to Borrower. Borrower shall pay any recordation costs.
23.Attorneys'Fees.As used in this Security Instrument and the Note,"attomeys'fees"shall include any attorneys'fees
awarded by an appellate court.
24.Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this
Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument.
Page 3 of 4
Packet Pg 971
•'I6 D 2.b.�
(Check Applicable Box)
i—i
u Adjustable Rate Rider u Rate Improvement Rider L^_l Condominium Rider
u
r� I -r
Graduated Payment Rider u 1-4 Family Rider u Second Home Rider
n
u Balloon Rider u Biweekly Payment Rider 11 Planned Unit Development Rider
ri
u Other(s)(specify
SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrui and in any
rider(s)executed by Borrower and recorded with it.
Signed,sealed and delivered in the presence of:
Witness Signature: _ -10: