Agenda 10/11/2016 Item #16D 5 16.D.5
10/11/2016
EXECUTIVE SUMMARY
Recommendation to approve eight mortgage satisfactions for the State Housing Initiatives
Partnership loan program in the combined amount of$71,075.
OBJECTIVE: To support the affordability of housing in Collier County through State Housing
Initiatives Partnership (SHIP) down payment and emergency repair and/or rehabilitation assistance
programs.
CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable
housing program, offers assistance to first time homebuyers for use toward a portion of the required down
payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner
must repay the assistance provided upon sale,refinance or loss of homestead exemption.
The following table provides details regarding the associated mortgages that have been repaid in full. As
such, satisfactions of mortgages are required.
File# Name Security Mortgage Payoff Public Record
Instrument Amount Amount
05-086 Ralph&Patricia SHIP DPCC $18,000.00 $18,000.00 OR4093PG 2127
L.Walton Second Mortgage 08/23/2006
08-093 Tomas R.Rodriguez SHIP DPCC $27,675.00 $27,675.00 OR4385PG2087
Second Mortgage 08/11/2008
02-165 Armando Garcia& SHIP DPCC $5,000.00 $5,000.00 OR3013PG0235
Tamara Soto Second Mortgage 04/04/2002
99-073 Dallas Burkholder* SHIP DPCC $5,000.00 $3,287.80 OR2549PG1275
Second Mortgage 05/20/1999
09-324 Jessica N. Pesantez SHIP DPCC $4,400.00 $4,400.00 OR4659PG2849
Second Mortgage 03/09/2011
00-042 Milaidis Echezarraga SHIP DPCC $2,500.00 $2,500.00 OR2624PG1787
&Jorge B. Second Mortgage 12/23/1999
Echezarraga
09-360 Darwin F.Mojica SHIP DPCC $6,000.00 $6,000.00 OR4682PG2207
Mendez&Lissy B. Second Mortgage 05/17/2011
Aguilera De Mojica
1996 Elliot Cortes, Sr. & SHIP DPCC $2,500.00 $ 0.00 OR2224PG1039
Gladys Cortes** Second Mortgage 09/04/1996
Total $ 71,075.00 $66,862.80
*On May 20, 1999, OR 2549 Page 1275 a mortgage was recorded to Dallas Burkholder in the amount of
$5,000.00 for down payment assistance and emergency repairs to a dwelling unit.The homeowner did not
receive the entire amount of those emergency repair funds. Therefore, the homeowner is only required to
repay the Collier County SHIP Trust Fund the amount of$3,287.80.
** On September 04, 1996, OR Book 2224 Page 1039 a mortgage was recorded to Elliot Cortes Sr. and
Gladys Cortes. The Note and Mortgage did not impose a maturity date. Section 95.281 (1) (b), Florida
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16.D.5
10/11/2016
Statutes allows the final maturity of an obligation secured by a mortgage that is not ascertainable from the
record of it to be considered 20 years from the date of the mortgage.Therefore, since 20 years has elapsed
since the date of the mortgage the obligation has been met and the loan should be forgiven. The initial
SHIP Ordinance No. 93-19 did not require a maturity date.
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$66,862.80 satisfies the payoff amount which is less than the
mortgage amount due to the recapture provision as noted above and emergency rehabilitation funds expended.
These repayments are considered program income and have been deposited in SHIP Grant Fund 791,
Project 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 eight mortgage satisfactions for owner-occupied affordable housing units for which
repayment in full has been provided to Collier County.
Prepared By: Elizabeth Hernandez, SHIP Grant Support Specialist, Community & Human Services
Division
ATTACHMENT(S)
1. SHIP Satisfaction of Mortgage 8 (PDF)
2. SHIP Mortgages (PDF)
3. SAP SHIP DPCC Satisfaction of Mortgage (XLSX)
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16.D.5
10/11/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.5
Item Summary: Recommendation to approve eight mortgage satisfactions for the State
Housing Initiatives Partnership loan program in the combined amount of$71,075.
Meeting Date: 10/11/2016
Prepared by:
Title: Operations Coordinator—Community&Human Services
Name: Wendy Klopf
09/12/2016 3:38 PM
Submitted by:
Title: Division Director-Cmnty&Human Svc—Public Services Department
Name: Kimberley Grant
09/12/2016 3:38 PM
Approved By:
Review:
Community&Human Services Kristi Sonntag Level 1 Add Division Reviewer Completed 09/15/2016 1:57 PM
Community&Human Services Leslie Davis Level 1 Add Division Reviewer Completed 09/16/2016 9:09 AM
Public Services Department Amanda O.Townsend Level 1 Add Division Reviewer Completed 09/26/2016 11:52 AM
Public Services Department Kimberley Grant Level 1 Add Division Reviewer Completed 09/26/2016 2:00 PM
Community&Human Services Maggie Lopez Level 1 Add Division Reviewer Completed 09/26/2016 4:08 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 09/26/2016 4:14 PM
Grants Erica Robinson Level 2 Grants Review Completed 09/27/2016 8:43 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/27/2016 1:27 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/27/2016 2:57 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/27/2016 4:46 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2016 10:53 AM
Grants Therese Stanley Level 3 OMB 1st Reviewer 1-4 Completed 09/29/2016 4:19 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 11:12 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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Prepared by:Elizabeth Hernandez
Collier County
Community and Human Services 3339 E.
Tamiami Trail
Naples,PL 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
3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain 2
Mortgage executed by Ralph&Patricia L.Walton to COLLIER• COUNTY, o
dated 08/18/2006 and recorded on 8/23/2006 in Official Records Book 4093 Page 2.127 of the Publie
Records of Collier County, Florida, securing a principal sum of $18,000.00 and 2
certain promises and obligations set forth in said Mortgage, upon the property described in the
aforementioned mortgage. ,n
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, co-±"
This Satisfaction of Mortgage was approved by the Board of County Commissioners on
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E,BROCK,CLERK OF COLLIER COUNTY,FLORIDA 2
•By: By:
,DEPUTY CLERK Donna Fiala, Chainuan =
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Approval for form and legatity: N
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Jennifer A,Belpedio OP \-17 a
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Prepared by:Elizabeth Iioroandez
• Colder County
Community and Human Services 3339 E.
Tamlami Trail
Naples,FL 34112
PI31S SPACE FOR RECORDING
SATISFACTION OF MORTGAGE is
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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 2
Mortgage executed by Tomas R.Rodriguez to COLLIER COUNTY,
dated 06/21/08 and recorded on 08/11/08 in Official Records Book 4385 Page 2087 of the Public
Records of Collier County, Florida, securing a principal sum of $27,675,00 and
certain promises and obligations set forth in said Mortgage, upon the property described in the .�
aforementioned mortgage, o
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and in
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surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of
record.
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This Satisfaction of Mortgage was approved by the Board of County Commissioners on -
,2016,Agenda Item Number
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCIC,CLERK OF COLLIER COUNTY,FLORIDA 2
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By: By:
,DEPUTY CLERK Donna Fiala, Chairman 2
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Approval for form and legality: N
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3ennlfer A,Belpedio
Assistant County Attorney \�V
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Prepared by:Elizabeth Hernandez
Collier County
Community and Human Services 3339 E.
Tamiami Trail
Naples,F1,34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE m
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KNOW ALL MEN BY THESE PRESENTS:That COLLIER COUNTY,whose post office address is
3299 E TAIKIA1 ff TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain 2
Mortgage executed by Armando Garcia&Tamara Soto to COLLIER COUNTY, o I
dated 03/28/02 and recorded on 04/04/02 in Official Records Book 3013 Page 0235 of the Public •
Records of Collier County, Florida, securing a principal sum of $5,000.00 and
certain promises and obligations set forth in said Mortgage, upon the property described in the .�
aforementioned mortgage.
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COLLIER
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and to
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surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of
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This Satisfaction of Mortgage was approved by the Board of County Commissioners on -
,2016,Agenda Item Number _ £
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ATTEST: BOARD OF COUNTY COMMISSIONERS o
DWIGHT R.BROCK,CLERK OF COI.L1FR COUNTY,FLORIDA
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By: . By:
DEPUTY CLERK Donna Fiala, Chairman °
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Approval for form and legality:
Jennifer A.Belpedio ( i a
Assistant County Attorney
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Prepared by:Elizabeth Hernandez
Collier County
Community and Human Services 3339 E. •
Tamiami Trail
Naples,FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE ,
KNOW ALL MEN BY THESE PRESENTS:That COLLIER COUNTY,whose post office address is
3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Dallas Burkholder to COLLIER COUNTY,
dated 05/14/99 and recorded on 05/20/99 in Official Records Book 2549 Page 1275 of the Public
Records of Collier County, Florida, securing a principal sum of $5,000.00 and ° E
certain promises and obligations set forth in said Mortgage, upon the property described in the
aforementioned mortgage, N
COLLIER COUNTY hereby acknowledges foil payment and satisfaction of said Mortgage, and
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surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of
record.
This Satisfaction of Mortgage was approved by the Board of County Commissioners on - i1
,2016,Agenda Item Number
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ATTEST: BOARD OF COUNTY COMMISSIONERS o
DWIGHT B.BROCK,CLERK OF COLLIER COUNTY,FLORIDA 2
By: By:
,DEPUTY CLERK Donna Fiala, Chairman o
Approval for form and legality:
Jennifer A,Beipedio 05) U o. ;
Assistant County Attorney ��
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Prepared by:Elizabeth Hernandez
Collier County
Community Gad Human Services 3339 E.
Tamiami Trail
Naples,FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE d
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KNOW ALL MEN BY THESE PRESENTS:That COLLIER COUNTY,whose post office address is o
3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Jessica N.Pesantez to COLLIER COUNTY, i o
dated 01/14/11 and recorded on 03/09111 in Official Records Book 4659 Page 2849 of the Public
Records of Collier County,.Florida, securing a principal sum of $4,400.00 and o
certain promises and obligations set forth in said Mortgage, upon the property described in theca
aforementioned mortgage.
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COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and CI)
surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of . n-
record.
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This Satisfaction of Mortgage was approved by the Board of County Commissioners on -
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ATTEST; BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA g
By: By,
DEPUTY CLERK Donna Fiala, Chairman O
Approval for form and legality:
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Jennifer A.Belpedio
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Prepared by:Elizabeth Hernandez
Collier County
' Community and Human Services 3339 5,
Taminrni Trail
Naples,FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE t:,
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 holders) of a certain
Mortgage executed by Milaidis Echezarraga&Jorge B.Echezarraga to COLLIER COUNTY, o
dated 12/20/99 and recorded on 12/23/99 in Official Records Book 2624 Page 1787 of the Public o
Records of Collier County, Florida, securing a principal.sum of $2,500.00 and
certain promises and obligations set forth in said Mortgage, upon the property described in the
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aforementioned mortgage. t
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, anda.
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surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of
record. rn
This Satisfaction of Mortgage was approved by the Board a County Commissioners on -
,2016,Agenda Item Number
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIC3HT E,BROCK,CLERK OF COLLIER COUNTY,FLORIDA 2
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By: By: c j
,DEPUTY CLERK Donna Fiala, Chairman O
Approval for form and legality:
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Assistant County Attorney \\1
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Prepared by:Elizabeth Hernandez
Collier County
Community and Human Services 3339E.
Tamiami Trail
Naples,FL 34112
THIS SPACBPORRECORDING
SATISFACTION OF MORTGAGE -
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KNOW ALL MEN BY THESE PRESENTS:That COLLIER COUNTY,whose post office address is L
3299 E TAMIAlVII TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain n
Mortgage executed by Darwin F.Mojica to COLLIER COUNTY, o
dated 05/06/11 end recorded on 05/17/11 in Official Records Book 4682 Page 2207 of the Public c
Records of Collier County, Florida, securing a principal sum of $6,000.00 and
certain promises and obligations set forth In said Mortgage, upon the property described in the 5
aforementioned mortgage. w
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COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and (I)
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surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of =
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This Satisfaction of Mortgage was approved by the Board of County Commissioners on - rn
,2016,Agenda Item Number .
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ATTEST: BOARD OF COUNTY COMMISSIONERS C
' DWIGHT E,BROCIC,CLERK OF COLLIER COUNTY,FLORIDA g
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Prepared by;Elizabeth Herne ndez
Collier County
Community end Human Services 3339 B.
Tamiarni Trail I
Naples,FL 34112 .
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE CD 4
KNOW ALL MEN BY THESE PRESENTS:That COLLIER COUNTY,whose post office address is co 0
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3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain ,�
Mortgage executed by Elliot Cartes,Sr.&Gladys Cortes to COLLIER COUNTY,
dated 05/13/96 and recorded on 09/04/96 in Official Records Book 2224 Page 1039 of the Public co
Records of Collier County, Florida, securing a principal sum of $2,500.00 ando
certain promises and obligations set forth in said Mortgage, upon the property described in the co
aforementioned mortgage.
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COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and a
surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the seine of t=
record, •
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This Satisfaction of Mortgage was approved by the Board of County Commissioners on - r
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ATTEST: BOARD OF COUNTY COMMISSIONERSo
DWIGHT B.BROCK,CLERK • OF COLLIER COUNTY,FLORIDA E
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OBLD 18000.00
• RIC PEI 27.0P
SECOND MORTGAGE DOC-.35 63.01
Retn: 3890894 011: 4093 PG: 2127
CHIPP3 PASSIDONO IT AL RICORDID in the OPPICIAL RECORDS of COLLIIR COBITT, IL
821 5TH AVI S 1201 08/23/2006 at 10:011N DWIGHT I. BROCE, CLERK
IAPLIS IL 34102
THIS SECOND MORTGAGE("Security Instrument")is given on August ,2006. The Second Mortgagor is:
Ralph&Patricia L.Walton,Husband and Wife
("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing unc
the laws of the United States of America,and whose address is 2800 North Horseshoe Drive, #400, Naples,
Florida 34014 . Borrower owes Lender the sum of Eighteen Thousand and No/100ths Dollars(U.S.$
18,000.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which
provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or
loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the
Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph
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.
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As more particularly described as Unit6.404,Botanical Prace,A Condominiu' (if,according to the Declaration of Condominium thereof
recorded in O.R.Book 3933,Page 2655,of the Public Records of Collier County,Florida and which has the address of:
("Property Address"): 4450 Botanical Place Circle, #404, Naples, Florida 34112 a>
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TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, "g
royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacement E
and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". so-
BORROWER COVENANTS that Borrower is lawful)_seized- a estate hereby conveyed and has the right to mortgage,grant and
convey the Property and that the Property is unencumbe daft* {ten ces of record. Borrower warrants and will defend generally o
the title to the Property against all claims and deman stjj fnb, of record.
THIS SECURITY INSTRUMENT combirr)}e's covenants for n�C and non-uniform covenants with limited variation by !�
jurisdiction to constitute a uniform security instrurfiCnt vering real property. "\ N
UNIFORM COVENANTS. Borrower nd Leiidercovegant and agree as fo w� it
1. Payment of Principal and Inter t;Prepyment and-tat ,. ges. B rowel shall promptly pay when due the principal of an, a.
interest on the debt evidenced by the Note./ \ 2
2. Taxes. The Mortgagor will pay all tax= , .t4-ss 11'. .' -�rate prior to the accrual of any penalties or interest rn
thereon. J
The Mortgagor shall pay or cause to b4.ai. as he a e rie ',rely -..me ue, Axl)all taxes and governmental charges of ar o
kind whatsoever which may at any time be hhhhaaaaWfu a4s0•.oriel/-. y st or,, es ct the Property,(2)all utility and other charges, °'
including"service charges",incurred or im...sed(or the opera ion,mainte ance,u occU cy,upkeep and improvement of the Property,ai
(3)all assessments or other governmental c - e \ that may lawfully be pant' inst:llm niter a period of years,the Mortgagor shall be d
obligated under the Mortgage to pay or caus- ..aid only such instailm as pre eqt,fed to be paid during the term of the Mortgage,an c
shall,promptly after the payment of any of the g qg,forward to Mortgag ar' de such payment. at
3. Application of Payments. Unless:•pl�law provides otherwise;ailments received by Lender shall be applied;first,to 0
interest due;and,to principal due;and last,to any a due under t 'otb,.`./
4. Charges;Liens. Borrower shall pay alies, re Ines and impositions attributable to the Property which mi a.
attain priority over this Security Instrument,and leasehola'pehts&ir • r 1''-rents,if any. Borrower shall promptly fumish to Lender all =
notices of amounts to be paid under this paragraph,and all recei{ s ev--idencing the payments. CB
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 ai
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 par U
of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lier ra
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Q
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insure
against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lend,
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 I
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 theretr
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premise
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 renew
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 mac
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 day:
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 paragraF
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
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OR: 4093 PG: 21 16.D.5.b
judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's securi
interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed
with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during th
loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any materia
information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancl
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
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 insuranc
coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially
equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance
previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not
available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by
Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve
in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for
mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnatir 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 ar
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 o
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 E
before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless w
Borrower and Lender otherwise agree in writing,the sums secu _btLthi8 Security Instrument shall be reduced by the amount of the proceed o
multiplied by the following fraction:(a)the total amount ot•t c
s tl immediately before the taking,divided by(b)the fair market valu< p
of the Property immediately before the taking. Any balanck fhadepad"34,Bertowers In the event of a partial taking of the Property in which ....6.
the fair market value of the Property immediately beefgre`t along is less tha e?mount of the sums secured immediately for the taking, as
Borrower and Lender otherwise agree in.wr mij or unless applicable law otaefwlseprovides,the proceeds shall be applied to the sum
secured by this Security Instrument whether or/not sums are then due. Unless L nder nd Borrower otherwise agree in writing,any io
application of proceeds to principal shall not extend'orpostpone thetfue d@4eof the m nthly payments referred to in paragraphs 1 or change N
the amount of such payments. / / " n-
11. Borrower Not Released,Forbear�rnce y,Lern r.No`: aiv Ext rrs on otthe time for payment or modification of N
amortization of the sums secured by this Sicurityr/fnsfrundeft draht .y i•nd)r ro y/sticcessor in interest of Borrower shall not operate to ••
release the liability of the original Borrower br Bd rowler's uc essor i i f: st./, er shall`not be required to commence proceedings o
against any successor in interest or refuse iq•ex6 nd`t!„m Pont t.rotherwis rr�odifp rnortization of the sums secured by this Security m
Instrument by reason of any demand made }y=tth4"Original Borrower o :o .wer's uccess rsr/in interest. Any forbearance by Lender in
exercising any right or remedy shall not be a flivdr of or preclude the exerc(ge of any ririht or remedy. N
12. Successors and Assigns Bor ' mt and Several Liabilir� o7Sig erg./The covenants and agreements of this Security or
Instrument shall bind and benefit the successor ,assigns of Lender and Bortow rsttrb)ject to the
Provisions of paragraph 17. Borrower's covenantsrano reements shall be jointa d e ral. Any Borrower who co-signs this Security t
Instrument but does not execute the Note;(a)is ci-s g j�g this Security Instr Ken to mortgage,grant and convey that Borrower's intere )
in the Property under the terms of this Security Instrument;(b in iatp p$qq allY' Jrgated to pay the sums secured by this Security Instrument
and(c)agrees that Lender and any other Borrower mayagrefext ndify;(forbear or make any accommodations with regard to the terr 2
of this Security Instrument or the Note without that Borrower's consent---- cn
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 asi
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 E
already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by 5
reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be ra,
treated as a partial prepayment without any prepayment charge under the Note. Q
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 paragrapt
15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in whicl
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 sh
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
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 ma
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 wits i
Packet Pg.1006
*** OR. 4093 PG. 2. 16.D.5.b
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 ani
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 Lai
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
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 covena.
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 givr
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 notic
Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence.
22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without
charge,to Borrower. Borrower shall pay any recordation costs.
23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded
an appellate court.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security p7
Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and a
agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) t
0
❑Adjustable Rate Rider ❑Rate Improvement Rider
❑Condominium Rider o
❑Graduated Payment Rider ❑1-4 Family Rider --' ❑Second Home Rider a
❑Balloon Rider ❑Biweekly Pay del` CO fl!' Ianned Unit Development Rider 0
❑Other(s)(specify u
y
A
SIGNING BELOW,Borrower accepts and ag ees tiB�Se s aridcovenanjs`containe in 's Security Instrument and in any rider(s)execute eL
eL
by Borrower and recorded with it. / j 1 f1 \
Signed,sealed l delivered'n the presen+ of:(
TWitness#1: "`� l iiin iI '— CDm
' i• 7 Bo orrWer ^Ra set Walton
Signature: V_ - ».1 Qf /¢ Li�Od�/� �G a)
Witness#2: et ',a S ' Signature:e: . . Y Ob0 IqrM' 'y ' lCrir' a)
p,w��� em Co-Borrow is(tricia L. Walton o
Signature /��-aa __i //"�� E
I
i0.
f F�ddr s 4450 Botanical Place Circle, #404 2
Naples, Florida 34112 to
STATE OF FLORIDA
d
f�
COUNTY OF COI /p
a
co
I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take
a
acknowledgements,personally appeared Ralph&Patricia L.Walton to me known to be the person(s)described in and who executed the
foregoing instrument and acknowledged before me that(He/s e/they)executed the same for the purpose�/
therein expressed.
WITNESS my hand and official seal in the County and State a.res:d t 0 L 1)._03.
) y of {'I ,20(10.
My Commission Expires: ♦► �_�
Notary Public's Signatu'm
(Seal)
Notary's Printed Name
; III,,, KRISTINA LYNN UNKRICH
djj'v: Notary Public-State of Florida
�, :My Commission Expires Mar 18,2009
:,,7 ,-.4. Commission#DD 390210
Bonded By National Notary Assn.
File#: 05-086
Packet Pg. 1007
7
AlA
A\ REC4$9920D In FICIAORCDR4385DS of DPG:LLIER cin�6.D.5.b
PLEASE RETURN TO:
Shepard&Leskar,P.A. �'�`7 08/11/2008 at 02:38PM DWIGHT B. BROCK, CLERK
100 NW 70th Avenue cki \ SECOND MORTGAGE OBLD 21675.0(
Plantation,FL 33317 V / CBLI 21675.0(
RBC FEE 27.0(
DOC-.35 96.9`.
Retn:
BUYERS TITLE
100 NW 70TH AVE
PLANTATION FL 33317
THIS SECOND MORTGAGE("Security Instrument")is given on ,2008. The Second Mortgagor is:
4 Tomas R.Rodriguez,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 Twenty Seven Thousand Six Hundred Seventy Five and 00/100 Dollars
($27,675.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which
provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or
loss of homestead exemption . This Security Instrument secures to Lender(a)the repayment of the debt evidenced by the
Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7
to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described
property located in Collier County,Florida.
As more particularly described as Golden Gate Est Unit 67,E 75FT of W 180FT of TR 59,Collier County,Florida and which has the
address of: Pe. L- �,- .moi
ai
("Property Address"): 4111 Randall Blvd, Naples, FL. 34120 c
ra0
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, t:
0
royafbes,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements g
and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". `o
BORROWER COVENANTS that Borrower is lawfully seized-of-the-estate hereby conveyed and has the right to mortgage,grant and c
convey the Property and that the Property is unencumberes 8,ept tke fajleeof record. Borrower warrants and will defend generally g
the title to the Property against all claims and demandsysu je`��Lt`any-encu� Parlr s.Afrecord. u
THIS SECURITY INSTRUMENT combines.dnr(o r covenants for national use and non-uniform covenants with limited variation by .la
jurisdiction to constitute a uniform security instrument gv.enng real property.
UNIFORM COVENANTS. Borrower and lrLen covenant and agree as follows, in
1. Payment of Principal and Interest;Pre irteBorrower-,, \ \
2. Taxes. The Mortgagor will pay al taxe ,es-s��csTmerits y• tetrii, es prior to the accrual of any penalties or interest u=i
thereon. i I( / I ) 1-1 : V✓ ` I
The Mortgagor shall pay or cause to, a paid,as thelsa a(es i ty be..mil due,(A)(1)all taxes and governmental charges of any o�
kind whatsoever which may at any time be la i s&essed drIIui4 'in or wit..respelt td"the Property,(2)all utility and other charges, r3
including"service charges",incurred or impose or�he operation,mainte�use, ccupara yrf upkeep and improvement of the Property,and
(3)all assessments or other governmental charges1hat may lawfully be paid in 1stallrmenti4,v$r/'a period of years,the Mortgagor shall be in
obligated under the Mortgage to pay or cause to`t}e0aid only such installment sOre�rtre4ifed-fo be paid during the term of the Mortgage,and
shall,promptly after the payment of any of the for pyrtg\,.forward to Mortgagee evidefirertsuCh payment. co
3. Application of Payments. Unless app icatbl law provides otherwise,at payments received by Lender shall be applied;first,to 0
interest due;and,to principal due;and last,to any late‘ch urge ue under the_Nof�.�\.) E
4. Charges;Liens. Borrower shall pay all tax as ents;.chergestpes and impositions attributable to the Property which may p_
attain priorityover this SecurityInstrument,and leasehold a ��
p en4s or ro�n lents,if any. Borrower shall promptly furnish to Lender all =
notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. u)
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 er
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 u
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. Q
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to
maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance
with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such
risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended
coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement
cost of the Premises,exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property
damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not
economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security
Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period
will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall
occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and
shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the
Packet Pg.1008
• , OR: 4385 PG: 208E 16.D.5.b
Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith
judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security
interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed
with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the
loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material
information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy
of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease.
If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in
bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to
protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which
has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.
Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this
paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms
of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice
from Lender to Borrower requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance
coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially
equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance
previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not
available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by
Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve
in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for
mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection. or
10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation ca,
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 o
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, 2
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 o
before the taking is equal to or greater than the amount of the sums.secure this Security Instrument immediately before the taking,unless
Borrower and Lender otherwise agree in writing,the sums s rejp�rhif S istrument shall be reduced by the amount of the proceeds p
multiplied by the following fraction:(a)the total amount e`r um�$edur media eely\before the taking,divided by(b)the fair market value
of the Property immediately before the taking. Any bolate ait be paid to Borrow v.lrr.tlne event of a partial taking of the Property in which R
the fair market value of the Property immediately befote, taking is less than the ar?tou"tt'o'f he sums secured immediately for the taking, N
unless Borrower and Lender otherwise agree in w,nting unless applicable law otherwi pro*des,the proceeds shall be applied to the sums ra
secured by this Security Instrument whether or not the,su pf^iare them-due.—Unless Lende and Borrower otherwise agree in writing,any
0.
application of proceeds to principal shall not extend f postponeltae due.date of the monthl payments referred to in paragraphs 1 or change
the amount of such payments. / ! r.—`,=.` N
11. Borrower Not Released,Forbe ran Bie de N t a Yal ens ni f the;time for payment or modification of
amortization of the sums secured bythis Secut I trujnent ratLte b n to a s c sor in interest of Borrower shall not operate to or
release the liability of the original Borrower or Br+rp r'ks s SAgr ioi jer st. Ler er sh het be required to commence proceedings o
against any successor in interest or refuse to ex(eraci(tim'e or"�payRfe it or othe4prse m i amortization of the sums secured by this Security
Instrument by reason of any demand made by t` ginal Borrower or Borrower success9rrs m Jnterest. Any forbearance by Lender in in
exercising any right or remedy shall not be a wave P r preclude the exerciser} y,igt�f pr r(nedy. 0)
12. Successors and Assigns Bound;• t nd Several Liability;Co a the covenants and agreements of this Security a,
Instrument shall bind and benefit the successors a ,6s r>a of Lender and Borrower(ubjct to the 't
Provisions of paragraph 17. Borrower's covenants a a'gr menu shall be joint-an'cie'Veral. Any Borrower who co-signs this Securityo
Instrument but does not execute the Note;(a)is co-signs thisytSgft trty "70.n.. y to mortgage,grant and convey that Borrower's interest a
in the Property under the terms of this Security Instrument;'b-i ot,personta l obii ated to pay the sums secured by this Security Instrument;
and(c)agrees that Lender and anyother Borrower mayagree to eidend;1trddi forbear or make anyaccommodations with =
9 9 h'. regard to the terms rn
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 d
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 E
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 L
already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by w
reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be Q
treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first
class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address
Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which
the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To
this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or
transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written
consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall
not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days
from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this
Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for
reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses
incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums
secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations
secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of
acceleration under paragraph 17.
19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may
be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that
collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer
unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with
Packet Pg.1009
*** OR: 4385 PG; 208 16.D.5.b
paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments
should be made. The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous
Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or
regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law
and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile
solvents,materials containing asbestos or formaldehyde,and
radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is
located that relate to health,safety or environmental protection.
21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant
or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The
notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given
to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result
in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a
default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,
Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence.
22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without
charge,to Borrower. Borrower shall pay any recordation costs.
23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by
an appellate court.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security a'rn
Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and pr
agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) o
2
0 Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider o
0 Graduated Payment Rider ❑1-4 Family Rider//' ----�--- ❑Second Home Rider o
CI Balloon Rider ❑Biweekly Payr n-f;ti -r-"'''- Pl tined Unit Development Rider
❑Other(s)(specify J///(.\ "--,..,-(°?- \, et
co
e§ j
SIGNING BELOW,Borrower accepts and agre to the term�.and ccverrants-oantained i this Security Instrument and in any rider(s)executed eta
by Borrower and recorded with it. t/ :1-<: ----A7—
`, \ _
Signed,sealed and delivered in the presence f: if 1\,(1(dTh 1
l h3.0 ,..X, , ��' O
r-
Witness#1: 1/ ' (i�✓ 1 c'+
/� Borrower,] `Tom{, R. Rodriguez
Signature: ►, G N4,,,,.. /r .. / �
_ / / i' tj /- ),� a,
Witness#2: e d/ C.6 b.,- -1+' r, Signature: /4 / rn
Signature: e...I --,-J . 4.'''`----___.),
Co-Borrower t % o
.i.j�`Q V-€ r7 0-
re 4111 Randall Blvd I
Naples, Florida 34120
STATE OF FLORIDA c
I m
COUNTY OF Olt r of. E
s
u
Y
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 Tomas R.Rodriguez to me known to be the person(s)described in and who executed the foregoing
instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed.
ti
WITNESS my hand and official seal in the County and State aforesaid his �
ff Ad
day of ; J Li jl 20 DS .
My Commission Expires: v(;,(0 L//10 4,t'.AA- -- ej-:--,- - ,eL_._.
Notary Public's S nature ' / r
(Seal) IN/ (1* I-•OPt'S_. �9- 1i
NCIDUCt PUBIKATIZT0F14ORIDA Notary's Printed Name
A!icE LOPESGEADA
Commission#DD560076
mirex JUNE 04, 2010
rmannamarA sl:rtmmosaxar
File#: 08-093
Packet Pg.1010
MI: 2960547 OR: 3013 PG: 0235
r um TITL/MUM MOO I MOM ii the OUICI1L WOW it COL=CONTI, It 0<Y 16.0.5.1,
PIC[It $4/$4/2141 it 12:42P111161?I. IIOCI, CIIII IOC ill 24.11
SECOND IOORTGQ2 GI 10C-.35 11.11
THIS SECOND MORTGAGE('Security Instrument')is given on March7`?,2002 The Second Mortgagor is:
Armando Garcia&Tamara Soto,Husband and Wife
('Borrower). This Security Instrument is given to Collier County ('Lender•),which is organized end existing and
the laws of the United States of America,and whose address Is 3050 north Eorseshoe Drive, 1275, Maples,
Florida 34014 . Borrower owes Lander the sum 01 rive Thousand and No/100t.hs Dollars(U.S.$ 5,000.00 )
This debt is evidenced by Borrowers Note dated the same date as this Security Instrument('Second Mortgage'),which provides for monthly
payments,with the full debt.if not paid earlier,due and payable on sale of property, ref inane*, or loss of
homestead a eemtion . 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 protec
the security of the Security Instrument:and(c)the performance of Borrowers covenants and agreements under this Security Instrument and
the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in
Collier County.Florida.
As more particularly described as Lot 12,Block 14.Naples Manor,Unit 1,Collier County,Florida and which has the address of:
(*Property Address'): 5346 McCarty Street, Naples, Florida 34113
TOGETHER WITH all the Improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents,
royalties.mineral,oil and gas rights and profits,water rights and stock end all fixtures now or hereafter a part of the property. AM replacement
and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in hit Security Instrument as the'Property'.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the riga to mortgage,grant and
convey the Property and that the Property is unencumbered.except for encumbrances of record. Borrower warrants and will defend general)
the tide to the Properly against all claims and demands,subject to any encumbrances of record. Ilicg
THIS SECURITY INSTRUMENT combines uniform covenants for national use and na}unifam covenants with limited variation by m
jurisdiction to constitute a uniform security instrument covering real properly. °n
UNIFORM COVENANTS. Borrower and Lender covenant and agree as Wades: o
1. Payment of Phonipal and Interest;Prepayment and Lite Charges. Borrower shall promptly pay when due the principal of an 2
interest on the debt evidenced by the Note. 6
2. Taxes. The Mortgagor will pay at taxes.aseessm enW$er-{ants or water rates prior to the accrual of any penalties or interest =
thereon. /i -V-, - 0 j
The Mortgagor shall pay or cause to be' due.(A)(1)all taxes and governmental charges of as
kid whatsoever which may at any time be lawfully a • •or levied against• to the Property.(2)all utility and other charges, 42
including'service charges',incurred orf• , operation,maintenance, . •f•-'1• ,upkeep and improvement of the Property,a .22
(3)all assessments or other governmental charges
• yiawf iy be paid in instal`, a• a period of years,the Mortgagor sham be co
obligated under the Mortgage to pay or causb to• pa; •.• such-keteumgl+tut as are to be paid during the term of the Mortgage,an o.
shall.promptly after the payment of any of the I• •• •,I I. ' rd to Mortgagee evidence• suith payment.
3. Application of Payments. U •. ;;e.,ta •F ,h received by Lender sham be applied;first.to E
interest due:and,to principal due:and la ,to >" k1 e • • .• •. 1
4. Charges;Lena. Borrower • y al s attributable to the Property which m o
attain priority over this Security Inst ,r.• • c g ' • sham promptly furnish to Lender all ani
notices of amounts to be paid under three sit raesipta ing
Borrower shall promptly dlecha• . • which has priority over4is unless Borrower.(a)agrees In writing to N
enforcementeij
of the obligationthe payment of the proceedings 1 I-. a manner the Lender's te
p.` the en/�onwr�en of the leen:or fsecuresthe ben by,or defends�roml Fothe holder of the men en agreement&defect• •.'Conder subordkatkg the len . • Instrument. If Lender determines that any per co
of the Property is subject to a lien which may • .over the Security I.�;� veinder may give Borrower a notice identifying the lie o
Borrower Nell satisfy the lien or take one or more •..•• • `rtirr i 0 days of the giving of notice. 2
S. Maasrd or Properly Insurance. .• now existing or hereafter erected on the Property insure a
against loss by fire,hazards included within the term'e ' •any other hazards,including floods or flooding,for which Lend -±-
requires
requires insurance. This Insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. It Borrower fails ••
maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Landers rights in the Property in accordance y
with paragraph 7. Al a1 times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such E
risks and for such amounts as are customarily insured against and pay.as the same become due and payable,alt premiums in respect there) .>_
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premise R
by fire.lightning,and other casualties customarily Insured against(Including boiler explosion.If appropriate),with a uniform standard extender
coverage endorsement.including debris removal coverage. Such insurance at all times to be In an amount not less than the full replacement <
Wet of the Premises,exclusive of footings and foundations.
Al insurance policies and renewals Nam be acceptable to Lender and stall Include a standard mortgage clause. Lender shall have
the Agit to told the policies and renewals. It Lender requires,Borrower shall promptly give to Lender alt receipts of paid premiums and renes
notices. In the event or loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not ma
promptly by Borrower.
Unless Under and Borrower otherwise agree in writing,Insurance proceeds shall be applied to restoration or repair of the Property
damaged,If the restoration or repair is economically feasible and Lenders security is not lessened. tf the restoration or repair is not
economically feasible or Lenders security would be lessened,the insurance proceeds shell 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 de
a notice from Lender that the insurance carrier has offend to settle a claim,then Lender may collect the insurance proceeds. Lender may ux
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 perio
will begin when the notice Is mailed. Unless Lender and Borrower otherwise agree In writing,any application of proceeds to principal shalt no
extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under peragra
21 the Property is acquired by Lender,Borrowers right to any insurance policies and proceeds resulting from damage to the Properly prior to
the acquisition shalt pass to Lender to the extent of the sums secured by this Security instrument immediately prior to the acquisition.
•, Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall
occupy,establish.and use the Property as Borrowers principal residence within sixty days alter the execution of this Security Instrument and
shall continue to occupy the Property as Borrower's principal residence for at least one year alter the date of occupancy.unless Lender
otherwise agrees In writing,which consent shalt not be unreasonably withheld,or unless extenuating circumstances exist which are beyond
Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the
Property. Borrower shalt 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 Properly or otherwise materially Impair the Men crested by this Security Instrument or Lenders sector
interest Borrow 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
kmpaknart of the men created by this Security Instrument or Lenders security Interest. Borrower shalt also be in default if Borrower,during t
loan applteaton process,gave materially false or inaccurate information or statements to Lender(or faked to provide Lender with any material
Information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrowers occupenc>
of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comwith all the provision of the lease.
If Borrower acquires les title to the Property,the leasehold and the fee title shell not merge unless Lender agrees to the r - '"--
Packet Pg. 1011
• .• OR: 3013 PG: 023i-1 6.D.5.b
7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this
Secui ty Instrument,or there Is a legal proceeding that may significantly affect Lenders rights in the Property(such as a proceeding in
bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to
protect the value of the Property and Lender's rights in the Properly. 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. My 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 shalt be payable.with interest,upon notice
from Lender to Borrower requesting payment.
E. 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. It,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•tweltth 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 Ilse of mortgage Insurance. Loss reserve payments may no longer be required,at the option d Lender.if mortgage insurance coverage(in
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for
mortgage insurance ends In accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an Inspection specifying reasonable cause for the inspection.
10. Condemrstlon. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation
or other taking of any pan of the Properly,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!he Property,in which the fair market value of the Property immediately
before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless
Borrower and Lender otherwise agree In writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value
of the Properly Immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which m
the(air market value of the Property immediately before the taking is less than the amount of the sums secured irrnsdiatey for the taking,
co
unless Borrower and Lender otherwise agree in wnting or unless applicable law otherwise provides,the proceeds shall be applied to the sums zn
r
secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing,any o
application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change g
the amount of such payments.
11. Borrower Not Released.Forbearance By Lander Not1_&1Kyver. Extension of the time for payment or modification of
amortization of the sums secured by this Security Instrument.gr qty successor in interest of Borrower shall not operate to c
o
release the liability of the original Borrower or Borrowertx ` is ruin rlhall not be required to commence proceedings
against any successor in interest or refuse to extend b of or oths Izabal of the sums secured by this Security w
instrument by reason of any demand made by the i I r or Borrower's s in interest. My forbearance by Lender in ui
exercising any right or remedy shall not be a w r °iir'preclude the exercise of any or remedy. .,
12. Suooeesors and Assigns Borrel,JoiralearSeveratI aidlI)( T cenernts and agreements of this Security in
Instrument shall bind and benefit the successors anc assig s fflender and ,subject to wa
Provisions of paragraph 17. Borrowers covenants nI , 'nt Borrower who cosigns this Securityz
Instrument but does not execute the Note;(a)ns c• ..•*77‘i'. n I t• Borrower's
i� grant and convey that interest Cri
In the Property under the terms of this Sec Inn r ;(•e is • leper • Pprr�y!hal sums secured by this Security Instrument: c
and(c)agrees that Lender and any other:• r,ma ag to xtbn4 ,I I. • -r 4r mel.airy accommodations with regard to the terms lo-.,
of this Security Instrument or the Note without ,•,. s •,...f.� {
15.. Loin Charges, I1 the loan secu. • • this Security Instrument i bject o a In,*sh ch sets maximum loan charges,and that N
taw is finally interpreted so that the interest or charges collected or to col. e(!h c�iiscaon with the loan exceed the permitted rn
Writs,then:(a)any such loan charge shall be ' the amount necessa • ;3t ) rge to the permitted limit and(b)any sums m
already collected from Borrower which exceeded ed limits will be refunded to:• may choose to make this refund by
reducing the principal owed under the Note or by 'direct payment to:• a reduces principal,the reduction will be
treated as a partial prepayment without any preps •d 'under the Notq�- 2
14. MotIces. Any notice to Borrower provider linin In tnn shal be given by delivering it or by mailing it by first
Mass mail unless applicable law required use of another method. l d dtt>ihl directed to the Property Address or any other address a
Borrower designates by notice to Lender. My notice to Lender shall 6s given to Borrower or Lender when given as provided it this paragraph.
NMy. This Security Instrument shall beu7
16. Governing Law;fieverab
governed by federal law and the law of the jurisdiction in which
the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such a
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To E
this end the provisions of this Security Instrument and the Note are declared to be severable.
10, Borrower's Copy. Borrower shed be given one conformed copy of the Note and of this Security Instrument. cc
17. Transfer of the Property or a Beneficial Interest In Borrower. It all or any pert of the Property or any interest in it is solid or Q
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 dui 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.
fl 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 fhb period,Lender may Invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
IS. 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 it enforcing this Security Instrument,Including,but not limited to,reasonable attorneys fees:and(d)takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument,Lender's rights In the Property and Borrowers obligation to pay the stuns
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 it 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 wit 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 shat 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 Properly that is in violation of any
Environmental Law. The preceding two sentences shat 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 stifled by any governmental or regulatory authority,that any removal or other remediationql anv
Packet Pg. 1012
OR: 3013 PG: 02""6.D.5.b
•
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: gasdine,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. Aooelnation;Remedies. Lander 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. II 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 as 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 coats of the title evidence.
22. Release. Upon payment of all sums secured by this Security Instrument,Lender stall release this Security Instrument.without
charge.to Borrower. Borrower stall pay any recordation costs.
23. Attorneys'Fees. As used In this Security Instrument and the Note,'attorneys'lees'shall include any attorneys'fees awarded by
an appellate court.
24. Riders to this Security Instrument. It 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 pan or this Security Instrument. (Check Applicable Box)
Adjustable Rate Rider Rate Improvement Rider ❑Condominium Rider
Graduated Payment Rider 1.4BiweeklyPayment Rider Family RiderQ Second Home Rider
Balloon Rider ❑Planned Unit Development Rider
O herlel l ffY co
m
on
SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed o
by Borrower and recorded with N. E
O
Signed,sealed and delivered in the presence of: O
0
wieesrl: /: �..--1 giul(l , /tc� r . .i c/4 o
C ��. / C Borrower' a n' oasoia ro
Signature:_ ���l'i.—. I k a. / w Q� i in
Wkneasl2: ...•50f ,•1" i�. ./ / t+. \_ atur e1 ', -• ••{, r' '! rn
^��—_� • Borrow! Tar$, Soto 0.
1 � 1:7 '
2 st:ti.t cnti
•_. • • —.rida 34113
STATE OF FLORIDA `, I
N
COUNTY OFe,,,i� .ti
I hereby certify that on this day.before ,arj• icer duly authorized in,„.stale • . '•and in the county aforesaid to take O
acknowledgements,personally appeared Armando :. tol,t0iim to be the persons)described in and who executed a
the foregoing instrument and acknowledged before me that aie/th I executed the same for the purpose therein expressed. u)
WITNESS my hand and official seal In the County amu!State of itj.,t4.21.4e4
01 '/J fy-It' 1 ,20k. °_'
E
My Commission Expires: � os
my aub�c Q
(= .• ` HOP Panne Notary's Printed Name
7 i..116k-.'7...-...4, fly Coen be.lanes
• ,0„ Na ooaw».
File#: 02-165
Packet Pg.1013
• Z to"q n: °5� 2479990 OR; 2549 PG; 1275 OBLD 9000,
Fete: 16.D.5.b
��= I a ASSOCIATED LAID TITLE AICOIDID in the OFFICIAL IIC0IDS of COLLIII COUNTY, FL AIC FII I9. x
-1110 COLLIGI ?IVY 1104 09/20/1999 at 09:42AM DVIGNT I, BIOCI, CLIII DOC-.35 17.50
p J'SFT
NUNS FL 33901
1..l0 Onk• Ci.r.«
,p THIRD MORTGAGE
THIS THIRD MORTGAGE("Security Instrument")is given on ` The Third Mortgagor is
1
Dallas Burkholder
Borrower). This Security Instrument is given to__ Collier County
('Lender"), which is organized and existing under the laws of the United States of America, and whose address is 2800 North
Horseshoe Drive, Naples, Florida 34104 . Borrower owes Lender the sum of Five Thousand
Dollars and no/100 (U.S.$3,000.00)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 arid the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to
Lender the following described property located in Collier County,Florida.
As more particularly described as Heightsnd Villas Lot 17.and which has the address of
4005 Dale Ave
(-Property Address"): tine.,
Naples,FL 34112
ra,r
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
rthR
replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as rn
the'Property'.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant �
and convey the Property and that the Properly is unencumbered,except for encumbrances of record. Borrower warrants and will defend
generally the title to the Property against all claims and demands,sub e t to anY encumbrances of record O
THIS SECURITY INSTRUMENT combines uniform garh(�forrnayc�rh se and nonuniform covenants with limited variation by O
jurisdiction to constitute a uniform secunty instrument cow nn a `r 6 +
UNIFORM COVENANTS. Borrower and Le er• vn nt`and agree-044,8A4v
1. Payment of Principal and Interest;Ptyp�ly t and Late Charshall promptly pay when due the principal of N
and interest on the debt evidenced by the Note. f "-'
2. Taxes. The Mortgagor will pay a)f taxe 5ssessrnen s. sewer rales prior to the accrual of any penalties or
interest thereon. / Le.„..,„,_ r1
The Mortgagor shall pay or cause toil p.fd as the siert"-r�lively (A)I1 all taxes and governmental charges of
any kind whatsoever which may at any time Oe la 1•'`�Y s r "r t*Cdpect�o the Property,(2)all utility and other co
charges.including*service charges",incuned�'vo,r i Li. ...- f.1.k e Mar t to a ce, , ccupancy,upkeep and improvement of the
Property, and(3)all assessments or otter f" .. tat r.-. at 'y lly! : fn id n in ailments over a period of years, the cs
Mortgagor shay be o��under the Mortg b i (r . •bi id' such in'.Fal n ria re required to be paid during the term
of the Mortgage,and shat,promptly after the pla - I ofal"y of•`- °•• and t apeiq,..eyidence of such payment e-
3. Application of Payments. Unlet -.1••' •ble law provides ofherwi• all pa nren)S.re eed by Lender shall be applied:first.to N
interest due:and,to principal due:and last,to arty . . arges due tinder the Not.4r /`�)� m
4. Charges;Liens. Borrower shall p� all es,assessments.charg4"lf neA an'di,T srbons attributable to the Property which cr
may attain priority over this Security Instrument,a .se)old payments or ground ran 'it(any/// Borrower shall promptly furnish to Lender
cn
all notices of amounts to be paid under this paragra a(tda hteceipts evidencing the ants! O
Borrower shall promptly discharge any lien icf ias,�q'nerttkover Ihiq City int
unless Borrower (a)agrees in writing to 0
the payment of the obligation secured by the lien in a manner,aEc le to �d } ydntests in good faith the lien by,or defends against n.
enforcement of the lien in,legal proceedings which in the Lender' hon r`tit;-terprevent the enforcement of the len,or(c)secures from
the =
holder of the lien an agreement satisfactory to Lender subordinating"tFie hen to this Security Instrument if Lender determines that any rn
part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying
the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice d
5. Hazard or Property Insurance. Borrower shall keep the improvements now exrsting or hereafter erected on rhe Property 0
insured against loss by fire,hazards included within the term"extended coverage'and any other hazards.including floods or flooding,for c
which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance Y
camer providing the insurance shah be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld If as
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 mat the Note is outstanding,the Mortgagor shall maintain insurance with respect to the
Premises against such risks and for sucn 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 rn an amount
not less than the full replacement cost of the Premises,exclusive of footings and foundations.
At insurance polices 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 or paid premrums and
renewal notices. In the event of loss.Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss
If not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property
damaged, if the restoration or repair is economically feasible and Lenders security la 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 Secunty Instrument immediately
prior to the acquisition.
S. Occupancy,Preservation,Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds.
Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security
Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,
unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist
which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit
waste on
1
ccbp3ed.wp Packet Pg. 1014
OR: 2549 PG: 12' 16.D.5.b
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 IS,by causing the action or proceeding ro be
dismissed with a ruling mat, in Lenders good faith determination, precludes forfeiture of the Borrower's interest in the Property or other
material impairment of tfte lien created by this Security Instrument or Lender's security interest Burrower shall also be in default if Borrower,
during the loan application process,gave materially false or inaccurate information or statements to Lender(or laded 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 residenceif 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 lee title shall not merge unless Lender agrees
to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower tails to perform the covenants aria agreements contained in this
Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (succi 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 hen
which has priority over this Secunty Instrument,appearing in court,paying reasonable attorneys'tees and entering on the Property to make
repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so Any amounts disbursed by Lender under
this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other
terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon
notice from Lender to Borrower requesting payment.
S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance In effect. 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 d
mortgage insurance coverage(in the amount and for the penod that Lender requires)provided by an insurer approved by Lender again sT
becomes available arid is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect.or to provide a loss re
reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower arid Lender or t
applicable law. 0
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 p
10. Condemnation. The proceeds of any aur "(Jri-cl aijJl., anlages, direct or consequential, in connection with any C
condemnation or other taking of any part of the Property f�oor e`yan(';e i pbondemnation,are hereby assigned and shall he paid to C
Lender. In the event of a total taking of the Property '9 s ditt�'t dddsal urns secured by this Security instrument,whether 0
or not men due,with any excess paid to Borrow vent of a partial take f roperty.vin which the fair market value of the w
Property immediately before the taking is equal to neater than the amount of the s s se ured by this Security Instrument immediately vin
before the taking,unless Borrower and Lendekthe gr..e in,wnting,the sums secu by his Security Instrument shall be reduced by to
the amount of the proceeds multiplied by the folloyvin action:(aethe-total,,jrfount of t e sun`s secured immediately before the taking, a
divided by(b)the fair market value of the Prdpertyr'immediatel +:f. - .e taking, Any balances II be paid to Burrower. In the event of a =
partial taking of the Property in which the far ma e f • '- .1 .. :.,,r,the t king is less than the amount of the sums 01
secured immediately for the taking,unless orf r nd d ol'e t el ee I wr'r otlunle s applicable law otnerwise provides.the
proceeds shall be applied to the sums s red y is S cu ty I str, eth- d not!the ms are then due Unless Lender and o
Borrower otherwise agree in writing, any of •:.s toiPrr ' I shall'of ezl nit. postpone the due date of the monthlycri
re
payments referred to in paragraphs I or chs 10• (fay I
11. Borrower Not Released,F a nue By Lender Not a liver. xtennlor the time for payment or modification of vin
amortization of the sums secured by this Se t yl l Oen-lent granted by Lends any ucyl�tear in interest of Borrower shall not operate to ru
release the liability of the original Borrower o B�nir es successors in intere5 Le de/r,01 not be required to commence proceedings R
against any successor in interest or refuse to e di for payment or otherwise l�� r rtization of the sums secured by this Security
'En
Instrument by reason of any demand made bye Borrower or Borrower' a esyvrs in interest Any forbearance by Lender ort o
exercising any right or remedy shall not be a waiver of e a exercis t nq'gh{.lir remedy. 2
12. Successors and Assigns Bound;Join`sedLI}}bf of vis. The covenants and agreements of this Security p_
Instrument shall bind and benefit the successors and assign either had ower,subject to the E
Provisions of paragraph 17. Borrowers covenants and agreements s afl be joint and several. Any Borrower who co-signs this Security ce)
Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrowers .-;
interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security C
Instrument:and(c)agrees that Lender and anyother Borrower mayN
g agree to extend.modify.forbear or make any accommodations with E
regard to the tents of this Security Instrument or the Note without that Borrower's consent ,c
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that re
t6
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 mist,arid(b)any sums Q
already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by
reducing the pnncipal 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 aider the Note
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering II or Dy mailing it by first
Gass mail unless applicable law required use of another method. The notice shall De directed to the Property Address or any other address
Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower cr Lender when given as provided vin this
paragraph.
15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in
which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,
such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting
provision. To this end the provisions of this Secunty Instrument and the Note are declared to be severable.
15. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument
17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest in It is sold or
transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written
consent,Lender may.at its option,require immediate payment in full of all sums secured by this Security Instrument However,this option
shall not be exercised by Lender if exercise is prohibited by federal law as of the date of his Security Instrument
if Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of riot less man 3l)Jays
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 pnor to the earlier of:tat 5 days for 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 Secunty Instrument. Those conditions are that Borrower (a)pays Lender ail 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. Ic) 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 Instrurent,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.
eclp3ed•wp 2 Packet Pg.1015
OR. 2549 PG: 1"• 16.D.5.b
19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security tnstruirient)
may be sold one or more times without prior notice to Borrower A sale may result in a change tri the entity lKnown as the"Loan Service(")
that corleets monthly payments due under the Note and this Security Instrument There also may be one or amore rnanges ut hie 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 arid address of the new Lean Servicer and the address to
which payments should be made. The notice will also contain any other information requ'red by applicable law
20. Hazardous Substances, Borrower shall riot cause or permit the presence. use. disposal storage or release of any
Hazardous Substances on or in the Property. Borrower shall not 00.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, claire, 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,ul is notified by any governmental or regulatory authority, that any removal or oilier remediation of airy
Hazardous Substance affecting the Property is necessary.Borrower shall promptly take all necessary remedial adwrms ui 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. Aeeeteration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach Of any
covenant or agreement in this Security Instrument (but riot 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 man 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 67
proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. if me default is riot cured on or m
before the date specified in the notice,Lender al its option may require immediate payment in full of all sums secured by this Security
CI
Instrument without further demand and may foreclose this Security Instrument by Judicial proceeding Lender shall se erititted to collect all O
expenses incurred in pursuing the remedies provided in this paragraph 21,including,but riot limited to.reasonable attorney's tees arid costs '2.
of the title evidence. i`
O
22. Release. Upon payment of all sums secured bl_it»rSec---i 7strument Lemuel shall release this Security Instrument.without =
charge,to Borrower. Borrower shall pay any recorder sten C CoCr ``, O
23. Attorneys'Fees. As used in this Se iEY I Int nhbnA4h Nat;X tttorneys tees"shall include ally attorneys'fees awarded 'U
by an appellate court. ff " %-` �'., o',,.^,,,\ w
24. Riders to this Security Instrurner a or more riders are enecISer)by'Bvor'rower ano recorded together with this Security 'in
-
Instrument,the covenants and agreements of/each ch rider shall be incorporated inle and mall amend and supplement the covenants and CO
—;
agreements of this Security Instrument as if he rider(s1 were a p .cnLartiSSebu ity Instruvt ient check Applicable Box) CO
a.
,- Adjustable Rate Rider ./ Rate' r vert Rltle ( Con omm�Suns Rider y
.i Graduated Payment Rider I ( '`t 4 f mi y Rijd r i r 1 second Home Rider
..
d G
eekl P' n e ,Flider g Manned Unit Development Rider a~i
';, Balloon Rider (" s� f(!
.I Other(s)(specify \.,r.� Q41 i•.,..�/ �
\ 1. I (U
S
t _y.F� r •") a1
. �/f
SIGNING BELOW, Borrower accepts and a e�°s, o the terms and covenants cu«taito il'i this Security instrument and in any nder(s) pt
/
executed by Borrower and recorded with it. \ / t
`''�"'\. r ' "f 0
-,-
Signed,sealed and delivered in thepresence of T %'J
( t SHAR M.SAS .
WdnessltZ-P7 •
WltnelFM1 ) 1 _._.7 —_—__ __ -... l-._ ..----I�'__.. rn
Signature ( t _.r_,,,,.. Signature'
J� SIA R,.LIND
g �1 e)
Borrower.Dallas Burkholder 0
Address: 4005 Dale Ave re
Naples FI 34112 Q
STATE OF I ,\ it .I'__.
COUNTY OF �t l`•,'!_
I hereby certify that on this day.before me,an officer duly authorized in the state aloresard and in the county aforesaid to take
acknowledgments,personally appeared___Dallas Burkholder to me known to be the person(s)described in and who executed
the foregoing instrument and acknowledged before me thatc_HE i SHE-.__executed the same for the purpose therein expressed
`i
WITNESS my hand and official seal in the County and Stale aforesaid thisiJday of- ,i ,_.._....__. tU
•
My Commission Expires: i l l ` i •
Notary Public's Signature
Notary's Printed Name
(SEAL)
3
ccbp3ed.wp Packet Pg 1016
INSTR 4534938 OR 4659 PG 2849 RECORDED 3/9/2011 2:57 PM PAGES 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16.D.5.b
DOC@.35 $15.40 REC $52.50
OBLD $4,400.00 OBLI $0.00
SECOND MORTGAGE
THIS SECOND MORTGAGE("Security Instrument")is given on 14 day of/loud y ,2011. The Second Mortgagor is:
Jessica N.Pesantez,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 Four Thousand Four Hundred and 00/100 Dollars ($4,400.00). This debt is
evidenced by Borrowers Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,
with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead
exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all
renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of
the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For Cl)
this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier
County,Florida. CS1
t
As more particularly described as Golden Gate,Unit 3,Blk 82,Lot 21,Collier County,Florida and which has the address of: o
("Property Address"): 4413 25th Ave SW Naples Florida 34116 C
(Address) _gg�C4 4__---_,,,� (State) (Zip)
TOGETHER WITH all the improvements npW oe ^rferected^^ g C
pie W erty,and all easements,rights,appurtenances,rents,
royalties,mineral,oil and gas rights and profits,y er c)ghlsand-stook and"alffixt�reg`rt Thereafter a part of the property. All replacements V
and additions shall also be covered by the Secu ttyy�Ir tit}mEnt. All of the foregoing is of re17b in this Security Instrument as the'Property".
BORROWER COVENANTS that Bdrr�wdM,a lawfully seized of the estate here cpm)e�jed and has the right to mortgage,grant and to
convey the Property and that the Property•e un u nbered,except for encumbrances of r ord. 8brrower warrants and will defend generally
the title to the Property against all claims nd derr(ar>dsr snbjeetto any encumbrances of recd?q '\
THIS SECURITY INSTRUME com)fines*{magi covenants fun atiof2 use and n -uniform covenants with limited variation by
jurisdiction to constitute a uniform secufity instrumentcoventi real properly. C"
UNIFORM COVENANTS. Bprrowe/ancl,Lengircoyelatiand,tgrae.alfoj<pws:, Z
1. Payment of Principal and Inte gat)Prip�n te`Ch es`a rrd r al(promptly pay when due the principal of and CO
interest on the debt evidenced by the tote.(f I 1� ) I
2.Taxes.The Mortgagor will paynll taxes,as ss entS,se err I teof`wa s pri r to thb accrual of any penalties or interest G
thereon. a n'
The Mortgagor shall pay or arse t e.Afr stt specti beco x1ue A)(h k4 II taxes and governmental charges of any C)
kind whatsoever which may at any tim ad(fully assessed or levied against ;with res Oct to the cp'perty,(2)all utility and other charges, "'
Including"service charges",Inured o i posed for the operation,maintenances e,occtjpancy uupkedp and improvement of the Property,and to
(3)all assessments or other govemmen�t.e1�r�es that may lawfully be paid in i.olt ptents ov t )(6d of years,the Mortgagor shall be co
obligated under the Mortgage to pay or cat ie o be paid only such installments aIr�rec�uir t� 'aid during the term of the Mortgage,and
03
shall,promptly after the payment of any of'N f re'qling,forward to Mortgagee evidence,of auth went. p1
3.Application of Payments. Un ss aapl Cflble law provides otherwise,all pa�{ enY5 eceived by Lender shall be applied;first,to !:
interest due;and,to principal due;and last,to �t;lata es due under the Notes���/ O
4. Charges:Liens. Borrower shall palj yf(-' xe someots„-cbaeg€,.fthe and'mpositions attributable to the Property which may {L
attain priority over this Security Instrument,and leased payn sorgrou ttj e�s,if arty'. Borrower shall promptly furnish to Lender all a
notices of amounts to be paid under this paragraph,and all r ptsevitlenan§the-payments. _
Borrower shall promptly discharge any lien which has pr'ierttyvverthisSecurity Instrument unless Borrower.(a)agrees in writing to
CO
the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against
enforcement of the lien in,legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien;or(c)secures from
the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part a,
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. .0
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured r.)
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 Q
providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to
maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lenders rights in the Property in accordance
with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such
risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums In respect thereto,
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended
coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement
cost of the Premises,exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss,Borrower shall give prompt notice to the Insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property
damaged,if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not
economically feasible or Lenders security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security
Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period
will begin when the notice is mailed. Unless Lender and Borrower otherwise agree In writing,any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender,Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
8. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall
occupy,establish,and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and
shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond
Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the
Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lenders good faith
judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security
Packet Pg. 1017
OR 4659 PG 2850
16.D.5.b
•
interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed
with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security Interest. Borrower shall also be in default if Borrower,during the
loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material
information)In connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy
of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease.
If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights In the Property(such as a proceeding in
bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to
protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured bye 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 a1
Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve tQ
In lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in a1
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage Insurance in effect,or to provide a loss reserve,until the requirement for O
mortgage Insurance ends in 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 give Borrower x...
notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 0
10.Condemnation. The proceeds of any award..orct iFn` r d rqa . -direct or consequential,in connection with any condemnation O
or other taking of any part of the Property,or for convrneya e n eucdid n�9tIon,are„hereby assigned and shall be paid to Lender. In the
event of a total taking of the Property,the proceeds-411 .a ied-to,the suh's d b is Security Instrument,whether or not then due, V
with any excess paid to Borrower. In the event.of aa )1ieLtaking of the Property.Ira wh"h, it market value of the Property immediately to
before the taking is equal to or greater than the eniourtt of the sums secured by this Sec&jjrrity os(rument immediately before the taking,unless y
Borrower and Lender otherwise agree In writing dt -Sums secured by this Security Instrument sha a reduced by the amount of the proceeds ;,..
multiplied by the following fraction:(a)the,total arrnoµftt.of the_sw.Qns secured immediately before the I king,divided by(b)the fair market value to
of the Property immediately before the ting. Any balance shall bepaid.to.,@,orrower. In the ent of A partial taking of the Property in which
the fair market value of the Property im ediatefy before`tfie.taking is less than the Amount of thesums secured immediately for the taking, a.
unless Borrower and Lender otherwise'agree fn writing or unle .applica a law otherwise provid s,the proceeds shall be appl led to the sums =
secured by this Security Instrument whether or,rrbf"[h'ffsum}s dr" en du 'U 'ta.1 n e"2 rower`etherwise agree in writing,any N
application of proceeds to principal s II notitertehlter or ppa'tpo etF d eta, the ,nthpayments referred to In paragraphs 1 or change
the amount of such payments. i p
11. Borrower Not Releas For a ce ;Le err of ial(yr, Extend on yf the(irne for payment or modification of
amortization of the sums secured by i ity�er t by n, to any.ccesssor In firlte'rrest of Borrower shall not operate to
release the liability of the original Bort euo Borrowers succes"kors In niere Lender stia notrb etIuired to commence proceedings
against any successor in interest or re Setextend time for payment or othervwamodify amortiiat' ri f the sums secured by this Security
Instrument by reason of any demand de+by a original Borrower or Borrower ccesdors itt'interest.Any forbearance by Lender in as
exercising any right or remedy shall not `era er of or preclude the exercise'd right or.rep�nedy.'
co
12.Successors and Assigns BQou int and Several Liability;Co gners,."The`'avenants and agreements of this Security
CI
Instrument shall bind and benefit the succe35o s an ssigns of Lender and Borrower,�bjecttto t e 't
Provisions of paragraph 17. Borrower's cove nt'arid'agrreements shall be joint and seye*. Ahy Borrower who co-signs this Security o
Instrument but does not execute the Note;(a)is ,gfiing thi ecurity Instrufnentonly,to mortgage,grant and convey that Borrower's interest 2
in the Property under the terms of this Security Instrument;t b)is n pefS Uy.obligated£,to'pay the sums secured by this Security Instrument;
and(c)agrees that Lender and any other Borrower ma •agre Idr xtend,m d(fy,fbrbe5r or make any accommodations with regard to the terms —
of this Security Instrument or the Note without that Borrower's—consent,...------- I
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that Cl)
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 Y
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 C
already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by COCO
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. -c
14. Notices. Anynotice to Borrowerprovided for in this SecurityInstrument shall begiven bydeliveringit ormailingIt byfirst V
by to
class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address ,',r
Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. Q
15. Governing Law;Severability.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which
the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To
this end the provisions of this Security Instrument and the Note are declared to be severable.
16.Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17.Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest in it is sold or
transferred(or if a beneficial interest in Borrower Is sold or transferred and Borrower Is not a natural person)without Lender's prior written
consent,Lender may,at its option,require immediate payment In full of all sums secured by this Security Instrument. However,this option shall
not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days
from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this
Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for
reinstatement)before sale of the Property pursuant to any power of sale contained In this Security Instrument;or(b)entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security
Instrument and the Note as If no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses
incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums
secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations
secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of
acceleration under paragraph 17.
19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may
be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known as the"Loan Servicer")that
collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer
unrelated to a sale of the Note. If there Is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with
paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments
should be made. The notice will also contain any other information required by applicable law.
Packet Pg. 1018
OR 4659 PG 2851
16.D.5.b
•
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,oris 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 Environ mental Law
and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile
solvents,materials containing asbestos or fommaldehyde,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 shalt 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 O
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies CD
At
provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. CD
22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without t
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 E
an appellate court w
24. Riders to this Security Instrument. If one or more riQers are executed by Borrower and recorded together with this Security O
Instrument,the covenants and agreements of each such 11h I In ated.ipto and shall amend and supplement the covenants and C
agreements of this Security Instrument as if the rider ) th ent. (Check Applicable Box) O
T �. U
❑Adjustable Rate Rider ❑Rai rr r reli-.••^."'t Rider mmium Rider ,-
❑Graduated Payment Rider 0 1,4 rr l Wder [ ,, it nd ome Rider y
❑Balloon Rider 8iwee/kly Payment Rider 0 Planned Ute' Dever ment Rider r''0
0 Other(s)(specify fJ ,� \ N
a
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SIGNING BELOW,Borrower accepts and ad. s • • ' epifs a cont:' i irf1,hi �uriity I'strument and in any rider(s)executed N�
by Borrower and recorded with it. Illt (( '
Signed,sealed.nd delivered in the piesaoc •f: y o•- MN-
/
Witness#1: r /, P. f,_ ( ,1, Signature: .��ala.
Borrower ' -- - ,z sit
Signature: i, 1 . /,, c d
rarti _�IIGf�. Signature: ' ./ r4
Witness#2: � - r �
��� w Co-Borrower "t
Signature: �RE!►�` ((m.o,:; *
11111 ` t}ds „�� 4�3 25`" Avenue SW 0..
'��„�� --1------Naples, Florida 34116 =
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STATE OF FLORIDA
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COUNTY OF COLLIER 0
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I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take C
acknowledgements,personally appeared Jessica N. Pesantez to me known to be the person(s)described in and who executed the Y
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foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed.
WITNESS my hand and official seal in the County and State aforesaid this 1 9 day of AA(,{/j/7 ,2011.
My Commission Expires: p
Notary ubli's S natter ( " ettla
(Seal) ,\\1111111f16lbf//
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Packet Pg. 1019
*** OR 4659 PG 2854 *** 16.D.5.b
Exhibit "A"
Lot 21,Block 82, Golden Gate,Unit 3,according to the plat thereof as recorded in Plat Book 5,Pages 97
through 105,inclusive, of the Public Records of Collier County,Florida.
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knit: /572791 OR: 2624 PG: 1787 MU) 2511.01
miff 1r 00II0117101 110017 if t11 akin!!&Isom:of W4LD1 0011x1, TL 0311 2511.01
( 1115 06lfi iD 151 11 1!12111!1!It 11:1111!D1101.11GC1, QUI 11C 111 15.31
was 1131111 00C-.15 1.75
• 2we mortgage form 0 '
SECOND MORTGAGE
TyIS SECOND MORTGAGE Meade i to:rider)is Om on v 1999.The Second Mortgagor Is:
Milaidis eCtazarraga and Jorge B. Echo:arrwga
(13aroaeel.This Secuiy Insetrnerd is phren to Collier County Menefee),which is agara¢ed and
mosore fader the taws til the United States dAmerica,and whose address is 2800 North, Horseshoe Drive,
Nadas, Floridaq 34014 .Bonewaeowes Lawler the sum of Two Thousand Five Hundred Drell =s(U,S,
$ 2,500.00,.This debt is(widowed by Sonowere Note dated the same date as this Security Instrument(*Second Mortgage'}.
what provides for mostly metres.welt Theta debt,if not paid earlier.due and payable on erlo of S,ropertY.,
refinance, or 1 sa of homestead exemption .Ths Security Instrument secures to Lender,(a)the repaytnena d
wear&maenad by None,wan Interest.and 131 renewals.extensions and nexellcanoru:(b)the portent d err other cuss,with
keerast aWarKbd wader teragraph 7 to prated the mosey of the Security Insttranent and(c)the poformence of Borrowers
consents and egreemeits raider this Smarty instrument end the Not. For the purpose.Borrower does hereby second mortgage.
pmt and Dorney to Leerier the following described properly based in Collier Cowen.Florida.
As more particularly desiibod as Lot N103 In Traci 2 of the.03,Golden Gab Estates and which has the address of:
("Moly/desert 1 3290 everglades Blvd. No.
aro
1 Naples, Florida 34120
TOGETHER V TH s0 the Mpoovemenuow a nhereafter erectederon the snooty,end al easements.rights, to
aPpJMnaioee.rent% refired.OH and gas rigsand prom
,water netts and stock end se items now or hereafter a pen of f6
the property. A11 and Weems shad also be severed by the Securty instrumentinstrumentAe Ale/the foregoing is edema to 1n t
pro
0
Cit Setreatmad Die'PropMy'.
naly
0
BORROWER 30VENANTS eeleelBtxtaror Is tawiuty seized d the estte hereby conveyed and has the rigid b rrhamaye.
yah and corny trio Pdparty and that the Ptoperty is unenccmtered,except for enaenbrances of record Borrower*tyrants grid
coni dotard Omersfy he tithe Property against et debts and demands,subiel to any encumbrances d record. O
THIS IIIStROMOiT adttihes withered cerrernnfs for na3dta1 use and Iu unitem covenants with baited c
va:¢tion by)ul:ddiori ti=radea wham aeaulty hatrtrttont covering real property. o
UNIFORM COVENANTS. Norroe and Landerrevenant and agree astiters: +'
1.Payment el PrincipalIntim*and IntaPrepayment and tate Charges.Borrower shall promptly bey when due the cc
pri.•ieae d and tNerert On the debt ovIdahcod by the Note. N
2.Tars TM Mo tgagor wit pay oil taxon.assessments,seew rredl or water rams peter to the accrual of any penalties or ;_,
merest ttioreoa
The Mortem pay or dame to be paid as the same respectively bomme due,(ARt)oe aa and governmental U)
doges of any kid toes
may Meg time be lawfully assessed or fried against or Oh respect b the Property.(2)zn 0.
utNy and other CIargos inuudkig sevlC charges'.Incurred a bared for the operation.rnahitaranee,use,occupancy.upkeep
and Orpdvenrent of the Property.and(3)all assessments or other governmental tai gorges that may Ow fedy be paid in lnstatments N
over a period of years,Lie Mortgagor shall be obtigatod wider the Mortgage to pay a tome to be poll any such insternents es are
oto evidence d ' 1hs Athe Mortgage,end triad.prosody did the payment d arty of Ore foregoing,forward to c
$.APofPslaterrt. Lincs,*pptr.+de law provides otherwise,Of payments received by tender shad be applied: a,
011,to interest duel and{to princlpst der.aid last.to any tab Berges due order the Note. r
4.Gtaapes;tars.Borrower stet pay as taxes,assessmerrs,charges.fines and impositicxn attributable to the Properly
Wish may attain priestly lover this Security Instrument,mat teaseled payments or ground rents,If any. Borrower shall promptly rn
turret b Lards ell nottee of armies b be paid under Ode owe"end ell receipts evidencing the payment. a)
eo ruiw stat" d sciniga any ren vetch has priorly over this Sectary instrument unless Borrower:(a)agrees in m
entire b the payment the caption secured by the lion in a mauler acceptable to Lender,(D)contests in Cooed bah the Sen try.or its
defends agairW dentia,, �.R of the lien bt,legal Proceeding's Mich in the Lender's opkion operate to prevent the er rcerciene of Vie s�
rico:a(C)seam thorn holder d tie lien an agreement sffiiafadoy to Lender ettordata ere the Gen to this Secuily kisturnenr. V t
Lender detente*.Malany eart of the Property is sueesid to a fen stet may attain priority ower tree dewily Instrument.Lender may o
2
give 0onowerr node.days of the oirlwa of act}+ the ire Borrower shall dy the Gen or take one or more d tie actions set kitty above within 10 d
S i0*ard Of Propene ineuennee.BCrrower,tae keep Ore impermanent,no►exlsene nr hereafter enema on the
Property insured again:41oss by ,hoards leaded Ore torn coverage'and any other hazards,gnd ng Woos or i=
rice /)
floatfrig.be which Laden requires Insurance.This insurance Mn,be maintabhed In the amounts and for eo periods that Landes
reclaims.The bisunaa
aCatler providing the Insurance shall be chosen by Borrower stet(ed to Lender's approval which shsl not be ''''
unreasanabry memo.$Borrower fair to rnekdaln coverage described above.tender at Undoes coverage 0=)
pretad Lender's rights 11 Ore Pcnperly in aaaorda war with paragraph 7.Ar at tunes that�b outstan°ptding mortgagor shall E
nekton n ins rance with Loped to ire Promisee spinet such Asks aid for suds amounts an are customarily inured against and pay. s
as the saltie become due and payable.a1 premiums in respect Monte.indudirg,but not united to.se.fsk Insurance protoeree she L)
trends d Vie Morfpac r end Moneagea against loss a damage to the Pe:rases by Ore.IgMnrng,end caber easualien customarily eC
Insured aaaksi �Dotrr ratipiosbn r aplxopr ate)with a e,irorm Mousing extended coverage endorsement.Mousingbri
rg des
corona insurance at as dem to be in an amount not toss than the 1uf replacement cost of the Practises,tarsus ve Q
of At Insurance*Odes and morals shag be acceptable to Lender end shall include a standard mortgage dawn Lerner
ohne tom the dent to hid the porkies and renpgta O Lender requires,Borrower shall panpdy give to Lender of receipts of paid
perriums and renewal eddies, M the event o loss,Barower that give prompt notice b the insurance cameo arid Lender. Lender
may make prerotd kis If not made purnp*y by Borrower.
richt Lerdeland Borawer ottie res°agree in wiring,insurance proceetts shall be applied to restoration or repair of the
Progeny damaged.C the restoration Cr rapslr a 10 nnitafy loathle and Lender's security Is not lessened. f the restoration or
ret ak is not ecoriorriaa.feasible or Lendses sec"would to lessened.the Insurance proceeds shall be applied to the stens
secured by the Security .-. whether a not then due.with any mess paid to Brrrawec. If Borrower abandon the Properly.
or roes not answer •• 30 days a notice kern Lender neat Ore insurance carder has attired to settle a claim then Lender a say
the knuariterei+rrii Lander may um the proceeds to .• restore Oso• 9J• •a b• tired by Ch s
f141 itirr/�;srtliNi 16.1 iiel► r9!ii► .' 4.1* ertnee
Pii3
Alie �pace to
Leaks 13 the cadent el ,urns reeved by Ria ... .,:&aluron!inecedetehr prior le the acqutriCon.
•. Ocarpi ncy,Aarrw arm.thenten a ce and Protection of the Property;Barrawees Loan Appease on.Leasehold..
Bon:reef sten 000upy, and use the Property as Borro+er's principal residence rotten sbdy days after the execution at this
Sauey Instrument oneW r e rdatue to*tug the Properly as Bamvrer"s principal residence for at bast one year after the date of
economy,antes Ler adurwte agrees in vatting.which consent ems not be onreabonably wtllfhakt,or iahkhcs extenuatme
draxrutarioes exist when are beyond Bprrowra' control.B rrowe►than rpt destroy,damage or Impair the Property.abs the
Pn *,b dsterbrate.fir commit waste on the Property. Bo rower chap to h default deny forfeiture ao on or proceeding.whether
OW*.akninat,is beget*tial In Le der's gaol tadhhidgrnerd cored result in fattier°of the Property or at emote n a rtQy*lair
the lien amid by this$ecaehy Inshemeei or Larder's security interest Bonze=may cure such a detaut and reinstate,as provided
in paragraph 16,by asleep the ad ion a preceodag to be distressed with a runng that.In Lenders good Minh dmemnination,
t
Description: Collier,FL Document — Book.Page 2624.1787 Page: 1 of 3
Packet Pg. 1021
Order: COL Comment:
•
16.D.5.b
! Ott: 2624 hi': 1968
r'mortgage tom o i
ptdudes became a Bowser;Interest Intro Piney ce paw robed Ingsernent a Ore nen crested by les Sealy
tmewrwre or Lenore snaky nowt Bomar tlnl ebb be In detme 18orrowar.ebeira the ban aopreadon process.One
mantaft 1b.Or Inamtalt Ir onnaion or stalwarts es Larder(or bled to'rondo Lader with any Ooterist Mdomrhtion)in
azrrreae velar the loon fodenoed by the Nob.inducting.but net tined es.rapmantams concerting Borrowers occupancy d tom
Prxeryaseprimate rotfdot IIfhbSealy laborer"bmata ts:Id.Born:oarshoeamplycathaletheprovbionofthe
base.M baryon.00hs be the lot*Property.Ore Natehdd and the lee tine std rot merge mess Lender sprees to 1.
room in tong.
T.Protectl0aLame s iitg►rls in I s Prop.Ay.I Dormer aw
h to perform the ere. and agreements 40 Ie,eG In
Ods Snotty bnkerrent tar One b a lewd prece:e g Ma may serlfrantly affect Larders suds 1n the Property Node as a
mambo fn torrent 0A pore,for cor dwood:0 et forfeiture a oeriace Nos or repuatbra)L than Lader may do aro pay tar
artal.,/1s re:essary orpraled the value d the Proptrymal Larders rights In the Pro arty.Larders mations may Include paying
say arta nand bye he dial toe priorly ova lb Seas*k seurotnt OOpearbg In selll myth m
mason**an.ys!tees and
**ftce the Property(o nark.repabi.AMOOIt terrier nay on aeon oder Iris waren r 7.Lender des not Novo to do.o.
Any snouts disbursed y Lads teras dab parapapl 7.hal become altrana debt d knower soared by des Seaaty
btaunent Lklese bonnier and Lada nen to ober Irma of pe ine t these emu*Nal boa Interest ham the dolt of
d7rteme ear a 0 e Metres W shall be peyote M1 Merest moan nodal boo Larder to Barrows rwquesung pa meat
S.k ortgan Insurance.It Lords mune frocking"hectrerce as a=Mon of nadep the loan seared by tis Sealy
b0vrrMi.Bo.1awar shO pay to Premiums s required b mortar the melae0s brorenco In erect.t.ler erg'reason.the memo
/Breads oasege rea*ed by Lender apes ea canes b be In reed.Bomdaear stab pay the poems required le obeli oororele
aaaarihey eq rrakep s�,}Ore�rrlrlpoea bestow praianly In area,a s cod sittbPoiy equ viont to the sect b Bormwad the
meeage Monroe papain In Oat ora an allemete nage hemp approved by Lender. a st aetar.ay redrawn mange
reran= rrence b rrtd enaad0.8ornesar ltd pay es lady each.110510.wn.grat b MbMN11 d the yearly ndrealbe
risramspemien tang paid by Borrower when 0,0 henanoe arrange lapsed or eased to be In saes.Lade aria aoonse use
lull mean ease perms*en a on resort In leo of rtaggape batenco.tole reserve paymatb may no Sager be ranted.tithe
oWe d Larder,I montage Insurance comae fr the Beard sad b the period cal Lads ractires)prOrtlad by en boor
maxima by Lada able Deana amble and Is ebtened Boma areae pay fie preniunrs required to makdaln ninon
keueale h elect a to akovtlt a lots room.tied Ms requirement to norl ape forearm alt In accordance with any write •
apreewi bara.n Beyer ed Lade or Iledsraale bar.d eN
C.brspacdm,. rear or Ib aped may make reasonable upon sad kepetbre a the Property Lender.hal 0tvo C1)
Bever nobs as the ti is do per bat l ipeelm apedrybq r o cents nose for the hspodor Cn
10.Condonation.The cordon elother et p;aaIrdtry nerd es dam'adenine.direct or r
ePeopsty,a In lieu d cor demroe ore to Comection ittli any to
hereby esslprcd all she be
bu o
Pala to Latex.I the evtrrtt of a toed Oleg of the Ropey.Me proceeds shag to speed to 1a odes ceased by th b Socwsy
tabooed.nethera uo,mt then dnet rs
any excess pard to BOrrcr,Who oval of a partial Okra of Ne Property.N ty. afldi the O
fair mar etvalueofeap Mnamreybran the into band baeaster non Oso timers dthe owns razed byNo 2
StonMy Iribwnerd bmrr;b broro Pe taus.unless Boors and Learn Mono aero.In oath",Ore strut erxred by lis w—
SecederkitweedaraebeseduesdbyteamazeddtheRac,e.Oemt iedby1akcefroptaabrc(.)thetotalamlradof1e 0
aeee second before the rano.added by(b)1t ter name who d the Property Imnw5aody bolos me Nkkrp.My C
Woo Cd01bepaid lipInfo event dapadatWhigof the Prgpapthw(althe harl�tt
imnvohaedtroPrefety O
enr.1 rfy barn Me t Srgbless non 1e mars a da sumo secured Mnrfah yto1e takIt ,.roe.Borrower and Lerch
teramte woe Int unless apptknbb oarotro wbeprorldes,eta proceeds lei be lPpSsd to the sura wooed by tab (1
nomads b pacissI she n&curdy Instrument d.ode Sims ere Men due.bolas Lender and Borrow p00401014 the duo twee mens r Mn�wjn per ebru I Change the a `�
amatm d mei.crock
w
11.Boomer rpt N Lowe,Forbears=my Linter Nat a Ndwr.049001 Cl the limo ter paymod Or rtisddr Fon of
RS
e,lntradon of to sums teamed by tie Mem*kamanes pored by Lade b any successor In koereed d Bardwer arae rot
Vents tem**.the Barfly d the*tied Dormer*a Bonoatre etKOOSIO e In lesiva Larder Wub nes be roared b commence ence N
op
braeeeargs ags110 say larotssorh Weal or refuse to*Send bee br psymol or oerendse madly anal:ndm d the carts d
..and by tis Store Iowrrnr by reason of any daegrd made by dao robe Bearer Oo ror'h.utetecors In interest
Any tobetwnoabyLadaInwerdan
ebgydgleomoodyidolrolbeawaverdoed
pratethe emoteaany npilceremedy.
_
12.daarmorland Assigns llama Jobe andtenni Ltabidy;C. lows.The covenants and agreeent*dilio to
Searly babanei eel and and tenet the auoeeeaors end Calgee d Lender end Borrower.euldea lo the .
Prorhiwa of prrpraph it Boueavrs osmosis ad s0roome is strati be Jets ant sena Any Bern veer no milers els 0
Sourly Mwhareri las • mol treads the lee*(0)it~Da tab Sealy Moment sty le=Mao.MO end carver trot r`
devotes Heed In to rads are tams d this Sseafy nommen N)is not pesaghy obrOo,ed m pay 1e suns swma0 CA
by this Seemly rd(t).OMs tot Lander end armadas Bored may twee to Word.m odfy.labor a make any 1
a000enwbeab wars maid to 1e tomo of di.Sealey Irawhws a the Note new tut Bomarerls Basan.
17.Loin Chan to N the tori Mored by this Sealy*aural is erfjed to o be which tib rrookman ban cturwes. to
err that Vs b bray k.rooted so stat the/whoa a now loan domes needed a to be collected h connection alb dui ben Cl)
nosed do pemke4 Mel..hers(Van ridn lean lenge obs be roared by the rogue neomss7 to reduce the charge to the
parroted snit and(b)of Into**err=Wed from Soma*Nth exceeded wetted Iris WI be rehrded to Bomaww. tir
Lahr may dome to snake de refuel by reducing ea Medi*end ardor the Nolo or by making s arab payment to Oarower.n 0)
a trilr1 ranee prkhdp.')the reduction Oa attested n a Leri(pepeynwi wtdmd sly premieres merge wee Oe Note. s-
14.Nod**Ab MOM le Bo ma.r proMded fa Wronged Ills Seemly unged shallbe even by&brai s k or by mato'it by O
Gill dna nab uriss.ppiabe Ire meaaod too of enaher mond.The nabs if be Or.da0 to the Properly Address or any 2
other address Baroaer Outran to nada b'Lader.My rube to Leder shag be Oen to GOMM(Or Lender sten given to d.
woven in Ns ooegr pin) _
13.taerwr,rine Saw:Sev.r.iBl y.Tar 1p.eaatvw
anwi Out be governed by rearm hew oro the Iter or 1a}andietien
In*Aidh tee Prepety Is Inapt In to ash got arty poison or clause Of Loh Soawly Instrument Or the tarts coria*With
spplpbb bar,such meet eros rot lea dee p neakea el tat Scally kdawneri ado Note Mich can Warn elect mow
are co ware pdNbn b de and the porbiar d1e S«wy boloase r and tris taes ars gemmed b b.eeoeretrs,
1L ns.beere Copy.Beare dal be ohm or atriamed copy Cl the Nob rend debGnu*Stnsb anent •"
17,TtsrredPrepay oalr4-'dktradknbormawa
.IfalonypanofItoRynova ovaIn ka N
lid o.aria...le■■serso ego evanu N Banos to sold et banteemad and Renewer Is not a noewar swoon),Mahout t.aMere E
prior wean mer.,larder may,es b cede,mare Immolate paymei In 110 del ata seared by 1b Seaway bstru ort. C
lema mels coonWee pd et
be mrdsed by Lala If merle*b a d pebbled by federal law the date of thts Security Instnmet. C
a Lards aeeaed ea colon,Lender Slat goes Barbra notice a axebman.The afro Nal aortae a prod of ell less than 30
days ken the dee Se note b delivered or mead Men'tech Borrower maby t pay al taro soared It.Smoky retorted.II .co
e wgr lit a fto y Snood sums
sona pea to Ms
and aspbaten
a ger period,Lader may Woke any remedies pemrirted by sub Scare t. a
is.BonowM.Inge b Renate&d Borrower woes crud.ccmddleoL Barterer spas hero the dont to have
elecamera a lir krbwrant dexede cad sae ides pie es de earl.Cl:(S)5 Gays(or suc1 otnw period es eppocatre
tae may spedty ler re e.�Mmtnl)beth tae d tete Property pursuant to any paws d sae oa tsked In ads Sealy tmbwrwat or
(Wenn a0w u entrantsniontrif n end Melee o i to led o ttro0;(b)) and de�r��
arm Lender
dra
then
woe
mmhare or aOreemsnas;(o)pays d eatprae/vatted an.dordrg lib Sauey habtaner4 Indere.but not stated to trasomble
abxntye fisc end On malas soar milwr as Lade may reaecnaby mots to assure the the fend cab Beady batnarwn.
Lwdrs doss In she Plop irb end Borrawe's obligation b pay be atm seaatd by eels Security retmmtem las conceive
sem an aeoonstionhodd ac*mere
led lb.Facts brerdtateSoonty�lnot� of accetsattmntriearteorts oared hereby she p grapeffective1
a
•
2
Description: Collier,FL Document — Book.Page 2624.1787 Page: 2 of 3
Packet Pg. 1022
Order: COL Comment:
... 1_ -
- *:>t OR: 2624 PG: 1789 *" 16.D.5.b
urge form I).
19.Wed Nob;Chimes of Loan Senior.The hole a a pal interest in the Now(together Wish this Secure),
Instrument)(nay beadd onecc mare ernes with=alprior notice bBorrower.AWenay nein inschange Inthe er ay
(kwmmesthe%cartSSeervicet)that MecbmoneiypaymmisduewidertheSinSeandsusseaekyInsm.rent.There also
Bbe ons or morcidsenges d the Loan Service unstated ba sale of the Note If there is a change of**Loan or ereAtgly be*On Mice of dm aaadacesum+Lmagrthparagraph law.The Bill
slate dm nine and glees'of the net Loan Stryker and the address to which payments should be made The notice will
also cod=any°the ldor olbn rewired by apo able be
211.11 .iwin tublrroee.borrower dict not cause or permit the preeenee.use.disposal.storage.or rebase
day barracks Sabatenoee on or In the Properly_Barmier shat not do,nor albs anyone else to do,anything attesting
the Properly tet is 21 vidatgl deny Emirenmerdd Law.The preceding two serseeces shalt not appy to the presence. _
use,a storage on tit Property dirndl guanines s d Hazardous Sudsmnceo that are ge erafy ret pined to be appropn ate
b named residents(used and to meinunenot dee Poopmy,
Borrower siwl prrrsty ere Leander erten rcotce for any!revalidation.rialto,deuced,lawsuit or other action by any
governmental or eeiNbloay agen=t or private party inching the Property end any Htrsdera Suhtfance or Erraronmental
Law d Imo Dammer hes ache!knowledge.If gamier leans,or is notified by any garanment t or regdatery aueany.
est try ram oval orOber Fame:Idiom d any Hazardous Suhdance enacting One Properly is necessary,Borrows shall
promptly take all=omen remedial adore to ecradaroe with Faniroaanerdel Law.
As used in hls paragraph 20.`iszedow Substance'are those=stances defined as*sic or hazardous subsanmes by
ElwimnvMaal Law end the foiowing e.Det n ea mane,kerosene,other Cannabis or took petroleum products.toxic
pestkides and Mebitelet,volatile echoes,matetods contalnag asbestos or formaldehyde,and
radkoctive=midi As used this paragraph 20. Las'Mora blend laws and laws of the juiodction
where the Property goose=that Mee*hestdr,safety c environmental protedbn
21.Aaeenden;Rememes.Lender thel give notice to 8arower prior to ameleratkn knowing g Borrowels
Iregdi of anyerr agreement in gds Se kap Instrument(but not t»to ooureraOm under paragraph 17 unless
agpllwbS law es dherwbei.The notice shell*oar le)the default(b)the Ireton relied 10!erre the default(CI a
date,add Me thin dap fern the dale the Millet Is given b Borrower,by winds the defeat fedi be aired;and(d)that
aikre b ere tie on or before die date epsofed In the nota may mit in accelerator of the sums secured by this
_ Security kulnamas;lambed'by j recid proceeding end area of Si.Properly.The ndke shaft runner inform Borrower d
to did broirs:Nadleathoelaakon aro is rlgf to Meth in the foreclosure proceeding the nonemdstence of a default a
we other define d Wont to acceemeon end breebeua.If the d tads b not cured an or before then=specified in
the rods,Lander,>i!its option,may mere i mmedlste payment in full d et aura secured by this Security Wounds 0
without tali defend art may teedoea Los Southey Mew=by Juane proceeding,Lender shad be Batted b celled memos tC6
al er nes blctHra a puree*the remedies in this paragraph 21,Including,but not kneed*.=tenable
agony a lees and lass rids ttiie evldenoe. a3
22.Mdse.Upon payment d ell sum secured bytds Semen ttntrunad.Lender shaft release ads Secasy t
Msburnert withal(hags,b Serowe.Borrower era pay any recordation tris. 0
--- — 53.Attoraryst Fees.As used in this Security kemmers and Ste Note,'attorneys'lees's'tell include any 5
anotneyrfessawaited es impel=court -
R this Security lostoweint toll or mars eiders aro escarled by Borrower and worded together 0
will this Seota f Inpnim a nt,Use oo tirtnta and eprearent d each stash rider shag tie incarpclWlC Into and dna amend C
and Mewed tssmverwnet end agreements CO tis Scatty lrebehad as O the riders)were a pat d ills Semidry o
trwanana*(Clod.!Applicable Boa) '
❑ Adpadbte Rads Rider 0 Rea Improvement Rider 0 Cextonieurn Rider _ - - rhe
0 Graduated Pojmerd RWM 0 14 Fatly Rider 0 Sec=Nome Eider *43
❑ Ballow Rider; 0 B7weeky Payment Rider 0 Planned unit Cevalopment (n
Ridw
III�� a
o Otie(d)(sPepty Z
I CO
SIGNING BELOW.yorrower scoots ad agrees b to terns and covenants oorsamad In this Security Instrument and in ..
any eiders)es by Somower and marled with t. C
„,... _ N
Ch
Sgrid,sealed see �yh d:
bitirt
Signsere F •lA/rli�i Borrower 1ti1 alseh.gar:'a0a a
✓✓✓// C
Wtrueg: 41.'$EA I Le. fl1OYl.11-' Bate° °. er CO
Co. Fsge B. Ehtgarra4+
g Ke2 , .�r inn.- o
2
Address: 3290 Everglades Blvd. N. D.
Naples, Florida 34120
STATE OF`Flori i —
co
Caw/mewi(h N
I hereby randy that on this day,before maw driow duly authorized in the slate aforesaid end in the corny C
0
aforesaid ID rageadmaNpparents.persondty appeared Mil midis Eategarraga rad songs B. E
• £ebsgarraga.!to me known b be the pe sans)demoted in end who executed the foregoing mummers end CO
r
adahaaladged beklle me the Did and they)wailed the same sed the taaDaa therein dagireased Q
WITNESS my rarriardofficial seal in the and th day of -1,0,054•44,119,,
My Commission&Oar .
Puticlt
(seas)
Ways PrMed Name
, . w^"E=Cour'''
3
Description: Collier,FL Document — Book.Page 2624.1787 Page: 3 of 3
Order: COL Comment: Packet Pg. 1023
INSTR 4562214 OR 4682 PG 2207 RECORDED 5/ 011 11:11 AM PAGES 3 1 6.D.5.b
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, _..SLIER COUNTY FLORIDA
DOC@.35 $21.00 REC $27.00
OBLD $6,000.00 ORLI $0.00
•
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
SECOND MORTGAGE
THIS SECOND MORTGAGE("Security Instrument')Is given on }day of ( ,2011. The Second Mortgagor Is:
Darwin F. Mojica Mendez and Lissy B. Aguilera De Mojiaa
HUSBAND AND WIFE.
("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under
the laws of the United States of America,and whose address is 3339 E. Tamiami Trail, Naples, Florida 34112
Borrower owes Lender the sum of Six Thousand and 00/100 Dollar; ($6,000.00) This debt Is evidenced by Borrower's
Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,If not paid
earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security
instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and d
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 end the Note. For this purpose,Borrower
does hereby second mortgage,grant and convey to Lander the following described property located In Collier County,Florida.
0
As more particularly described as Golden Gate,Urtit 2,Bik 55,Lot B,Collier County,Florida and which has the address of:
("Property Address"): 4190 lath Place See Naples Florida 34116 O
(Address) (City) (State) (Zip)
TOGETHER WITH all the Improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, O
royalties,mineral,of end gas rights and profits,water rights and stock end all fixtures now or hereafter a part of the property. All replacements U
and additions shall also be covered by the Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property", ft3
BORROWER COVENANTS that Borrower Is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and N
convey the Property and that the Property is unencumbered,except for encumbrances of record, Borrower warrants and will defend generally
the title to the Property against all claims and demands,subject to any encumbrances of record, t6
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by U)
jurisdiction to constitute a uniform security instrument covering real property. a
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 and
interest en the debt evidenced by the Note. elfe
2.Taxes. The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties dr interest
thereon.
O
The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any
kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,
includin9"service charges",Incurred or imposed for the operation,maintenance,use,occupancy,upkeep and Improvement of the Property,and
(3)at assessments or other governmental charges that may lawfully be paid in installments aver 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,arid w
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 CS
Interest duel and,to principal due;and last,to any late charges due Under the Note. 1l
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 0
notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. 2
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower,(a)agrees in writing to Q.
the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against
enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(o)secures from Z
the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part CO
of the Property is subject toe lien which may attain priority over the Security Instrument,Lender may give Borrower a notice Identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice,
5. Hazard or Property insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured ee
against toss by fire,hazards lnctuded 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 carder t
providing the Insurance shall be chosen by Borrower subject to Lender's approval which shall not be 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 RS •
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 en 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 shell 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 Lenders security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security
instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days
a notice from Lender that the Insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30-day period
will begin when the notice Is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not
extend or postpone the due data of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph
21 the Property Is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument Immediately prior to the acquisition.
6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall
occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security instrument and
shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall not destroy,damage or Impair the Property,allow the Property to deteriorate,or commit waste on the
Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith
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 Lenders good faith determination,precludes forfeiture of the Borrower's Interest In the Property or other material
,l/
tY Packet Pg. 1024
OR 4682 PG 2208 16.D.5.b
•
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 materiel
Information)in connection with the loan evidenced by the Note,including,but not limited to,representafiona 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 falls 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 ar 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.
B. Mortgage Insurance. if Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage Insurance
coverage required by Lender lapses or ceases to be In effect,Borrower shall pay the premiums required to obtain coverage substantially
equivalent to the mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance
previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage Insurance coverage is not
avaftable,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage inaurance 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(incel
the amount and for the period that Lender requires)provided by an Insurer approved by Lender again becomes available and is obtained,
Borrower shall pay the premiums required to maintain mortgage Insurance in effect,or to provide a loss reserve,until the requirement for
mortgage Insurance ends In accordance with any written agreement between Borrower and Lender or applicable law,
9. Inspection, Lender or Its agent may make reasonable entries upon and Inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the'Inspection. O
10.Condemnation.The proceeds of any award or claim for damages,direct or consequential,In connection with any condemnation
or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the !✓
event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, O
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 t4
Borrower and Lender otherwise agree in writing,the Burns 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,dctded 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 takingof the Property
p ely 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
0-
secured by this Security Instrument whether or not the sums are then due, Unless Lender and Borrower othenvlse 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 thin Security Instrument granted by Lender to any successor In Interest of Borrower shall not operate to e
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 Borrowers successors In Interest.Any forbearance by Lender in
exercising any right or remedy shall not be a waiver of of preclude the exercise of any right or remedy.
12.Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the N
Provisions of paragraph 17, Borrower's covenants and agreements shall be joint and several.Any Borrower who co-signs this Security
Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest
in the Property under the terms of this SecurityInstrument;(b)is not personally obligated topaythe sums secured bythis Security Instrument;
Rf1Y P y 9 ty
and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms 0
of this Security Instrument or the Note without that Borrowers consent.
13, Loan Charges. 11 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 lean exceed the permitted tZ
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 V)
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. My notice to Borrower provided for in this Security Instrument shaft be given by delivering It or by mailing it by first
class mall 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 shell be given to Borrower or Lender when given as provided in this paragraph.
16.Governing Law;Severability.This Security instrument shall be governed by federal law and the law of the jurisdiction in which ta
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 shell not effect 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 es 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 falls 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 far
reinstatement)before sale of the Property pursuant to any power of safe contained In this Security Instrument;or(h)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 ora partial interest In the Note(together with this Security instrument)may
be sold one or more times without prior notice to Borrower. A safe may result Ina 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
6412/
Packet Pg.1025
*** OR 4682 PG 2209 "* 1 6.D.5.b
•
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 shell 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 hes 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 lake 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 shalt specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the dale 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 an 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 prdbeeding. Lender shall be entitled to collect all expanses incurred in pursuing the remedies
provided In this paragraph 21,Including,but not limited to,reasonable attorney's fees and costs of the title evidence.
22. Release. Upon payment of all sums secured by this Security instrument,Lender shall release this Security Instrument,without
charge,to Borrower. Borrower shall pay any recordation costs. 0
23, Attorneys'Fees. As used In this Security Instrument end the Note,"attorneys'fees"shall include any attorneys'fees awarded by
an appellate court.
24, Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security `~
Instrument,the covenants and agreements cf each such rider shall be Incorporated into and shall amend and supplement the covenants end
agreements of thls Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Sox)
❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider O
❑Graduated Payment Rider ❑1-4 V
FamilyRider Second Home Rider �
a-.
❑Balloon Rider ❑Biweekly Payment Rider ❑Planned Unit Development Riderrn
ElOther(s)(specify "'
R
fn
SIGNING BELOW,Borrower accepts end agrees to the terms and covenants contained In this S.:. noire ant and in any rider(s)executed n
by Borrower and recorded with it. Z
(n
Signed,seLd a`.• `'•. .'•the presence of; o
Signature: A
�t Borrower sa
Signature�iS� j/r(V
Witness#2: �. ry ' Signature: fir `` to
, n / Co-Borrower i. B':'-AgviJera De Mojica
Signature: °`` 6—cut—kris Rf
Address: /•190 15t5 Place SSP
/Naples, Florida 34116
STATE OF FLORIDA / Q
COUNTY OF COLLIER
I hereby certify that on this day,before me,art officer duly authorized In the stale aforesaid and In the county aforesaid to take ++
acknowledgements,personally appeared Darwin F. Mojica Mendez and Lissy B. Aquilera Do Mojica tome cu
known to he the person(s)described in and who executed the foregoing instrument end acknowledged before me that(14e/she/they)executed
V
R
the same for the purpose therein expressed. a=r
WITNESS any hand and official seal inthe County and State go said this J day of /ii ,2011,
(
My Commission Expires: j l/�(°90
( Nola •ublic's Signature
(Seal) r � /I ,i_►� s
r ru Notary Pualk State of Florida
Notary's Printed Name
4,4t%
sC0RU11lft1o61-00dnanwst795
�a OxPit:s 01!1611012
otn
File#: 09-360
•
Packet Pg. 1026
• 16.D.5.b
110
GILD 500.00
OIL! 2500.00
lett!: ?ITU CO I,�DIDIo 10911 �4604�OR: 2224IAL PG: 1039 FL WC cel '9.50
1.75
DOC-.35 O.IS
IR-.002 5.00
PICK OP 09/01/11 it 11:1SlI DWIGHT I. IIOCI, CLIA
SECOND MORTGAGE
THIS SECOND MORTGAGE('Security Instrument-)is given on Mi{'] I34'!199_6 The Second Mortgagor is-
st\\,EA\\
A-r` %.S r• °'-c1 Gkc.��y� CI:,r-\--e_.)
Borrower). This Security Instrument is given to Collier County
('Lender),which is organized and existing under the laws'of the United States of America,and whose address is 2800 North
Horseshoe Drive, Naples, Florida 33942 . Borrower owes Lender the sum of Two Thousand rive
Hundred Dollars and No/100 (U.S.52.500.00)debt is evidenced by Borrower's Note dated the same date as this Security
kittnhnt('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
it repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications,(b)the payment of all other sums,
:. with Areal advanced under paragraph 7 to protect the secunty of the Security Instrument;and(c)the performance of Borrower's covenants
0 and agreements under this Security Instrument and the Note For this purpose,Borrower does hereby second mortgage,grant and convey
§l to Lender the following described property located in Collier County,Florida
6 As more particularly described on Exhibit'A,"and which has the address of
rPropertyaddress.): 1520 Golden Gate B1vd W
nanoll
Naples. FL 33964 °'
an
ice; ,amu w, co
TOGETHER WITH all the mpro imer is row or hereafter erected on the property,and all easements,rights,appurtenances,rents, t
mineral,d and gas rights ed profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements 2
era ...rooftree,addi0ons she.also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the'Propene.
it 'i a BORROWER COVENANTS 7vd Borrower's Vefuly seized of the estate hereby conveyed and has the right to mortgage,grant and o
tie h-limey the Property and that the Property e unencumbered, rt trances of record. Borrower warrants and will defend generally o
C a Otto to the Property against all claims and g- , jic la of record.
THIS SECURITY INSTRUMENT con b '4l�.covenants forma *tend non-uniform covenants with limited variation by 2
Q E tion to constitute a uniform security i nstrtyrhent_covenng real property • 1,�\ N
ilea
O $ UNIFORM COVENANTS. Borrower/x41,2 covenant and agree as f : \
V ,.— 1. Payment of Principal and Interest; "payment-and en nd Late Charges. Borrower,shall promptly pay when due the principal of rj)
toiInd
interest on the debt evidenced by the Nolte. 14L-' —.,J`\° \ \ a
N {p 2. Taxes. The Mortgagor*II pay el taxes,assessmer(ts, rents or water rates prior to the accrual of any penalties or interest
,...--/-,-.....„,1
'`,�/� 2
thereon. The Mortgagor shall pay or cane to 'paid,ailhe �Wel } (A)(1)all taxes and governmental charges of ern
any kind whatsoever which may at any ti . illy a orJ.v:I again t to the Property,(22)all utility and other e-
charges,including'service charges',inc r h ••.. __oyer • d antq nil,use, cupancy,upkeep and improvement of the m
Property.and(3)all assessments or other.. . - ., .. t may la taly be in ants over a period of years,the Mortgagor
shal be obligated under the Mortgage to• 1 •use to be paid only such d, tall tss are required to be paid during the term of the co
0
Mortgage,end shall,promptly after the pay jo y of the foregoing,f evidence of such payment 0
3.Application of Payments. Unless,able law provides othenw ▪ payen8rits received by Lender shall be applied,first,to an
interest due;and,to principal due;and last,to a}i��'jjj "y lair barges due under the Note ,� 1y
4. Charges;Liens. Borrower shall pa t,. tes}oalsessments,c r rl s•rid impositions attributable to the Property which 0
may attain priority over this Security Instrument,and s h lld` 4r r ,if any. Borrower shall a.
pp y promptly furnish to Lender a
al notices of amounts to be paid under this paragraph, 1 ,,ptstev�hc p'the payments _
Bonewer stall promptly discharge any ken which has overthis Security Instrument unless Borrower(a)agrees in writing to CO
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
enloroartrnt at the hen in,legal proceedings which in the Lender'tt opinion operate to prevent the enforcement of the Gen,or(c)secures from =
the holler of the fen en agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part N
ofthe Property is subject to a lien which may attaint priority over the Security Instrument,Lender may give Borrower a notice identifying the ben ._
Borrower shallsatisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice 0
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured w
against bee by fro,hazards ncludod within the term"extended coverage'and any other hazards,including floods or flooding,for which Lender `t
requires insurance. This insurance shall be maintained n the amounts and for the periods that Lender requires. The insurance carrier providing
the nuance sial be chosen by Bo reeer 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 tense 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:n respect thereto,
ndurbrq,tel not limited to,alaak issuance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire,igltbtng,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended
corsage endorsemwR 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.
Al nsuanoe policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause Lender shall have
the right to mold the pollees and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In ter event of loss,Borrower shall give prompt rnorice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borrower.
Unison Lender and Borrower otherwise agree in wilting,insurance proceeds shall be applied to restoration or repair of the Property
damaged, if the restoration of 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 arty 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
Mal 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's acquired by Lander,Borrower's right to any insurance policies and proceeds resulting from damage to the Property
prior to the acquiai irxt shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
0. Occupancy,Preservation,Maintenance and Protection of the Property; Borrower's Loan Application,Leaseholds,
Borrower sial podgy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security
Inshunsre and;hal oonenre to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless
Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are
beyond Borrowers control Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on
Packet Pg.1027
«pied.W 1
• •
16.D.5.b
the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lenders good faith
judpnert ootid result in Iorla/are of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security
nearest Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed
well a ruing that ii Landers good faith detemwhon,predictors forfeiture of the Borrower's interest in the Property or other material impairment
of the ben 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
reorrration)n connection with the loan evidenced by the Nate,including,but not limited to,representations concerning Borrower's occupancy
of the Property ea a prrrrral residence ce If this Security Instrument is on a leasehold.Borrower shall comply with all the provision of the base
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 M the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument,or Hire 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 taws or regulations),then Lender may do and pay for whatever is necessary
b protect the value cif tie Property and Lenders rights in the Property Lender's actions may include paying any sums secured by a ben which
hes priority over Hee 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. My amounts disbursed by Lerner under this
paragraph 7 anal become additional debt of Borrower secured by this Security Instrument Unless Borrower and Lender agree to other terms
d payment tress amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice
from Lender to Borrow requesting payment.
I. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Secure y
ksfrurerit Borrower steel 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
Nutrient 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 H substantially equivalent mortgage insurance coverage is not
available, Borrower shall pay to Lender each month a sum equal to one•twelth of the yearly mortgage insurance premium being paid by
Borrower when the rsurence coverage lapsed or ceased to be in effect Lender will accept,use and retain these payments as a loss reserve
in feu re mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in
al
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtainedmai
Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for art
mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law T=
S. kispecdon. Larder or is agent may make reasonable entries upon anal nspecbons of the Property. Lender shall give Borrower 0
notice at the time of or prior to an inspection specifying reasonable cause for the inspection ,�
10.Condemitward on. The proceeds of any rd or ckim.11x.dmn
aages,direct or consequential, connection with any condemnation o
or other Oelirg of any part of the Property,or for conveyances. ration,are hereby assigned and shall be paid to Lender. to the o
event of a total Wing of the Property.the proceeds shell'. - Ltkb ms�seQ irr$by this Security Instrument,whether or not then due,
with any excess paid the to Borrower. In e event kung of the Pro 5h)hich the fair market value of the Property immediatelyf° p
Wore the taking is equal to agreater than the sums secured by this'S�pcu�ritytristrument Immediately before the taking,unless
Borrower and Lender XHerwrw agree in writing/the secured by this Security Instrb steal:be reduced by the amount of the proceeds
multiplied by the ft>iowng fraction:(a)the total arrwtrit 6pns sixi3.secured immediately ore ye taking,divided by(b)the fair market value al s.a
of the Property immediately before the takr4Mjbalanetithaf be paid to'iorrpwer In event of a partial taking of the Property in which d v
the tai market value of the Property invmddiatri L)!orhi ...is _Ow',I.-tIVROt of the sums secured immediately for the taking, = A
unless Borrower and Lender cHerwice agr In ••pea ] o' rwiise, avdes the proceeds shall be applied to the stirs V)
secured by this Security Instrument whether not the ,f.• d la n :Lender ani Borrower otherwise agree in wmong,any o e
appicetion of proceeds to principal shall t o rte, ,.• •the de •of ththly`payments referred to in paragraphs 1 or change 7"..
He amount of such payments. • j
11. Borrower Not Released,F« arance By Lender Not a'Walver. Exteri of the time for payment or mo dificaton of O
rnorltraeon of the sums secured by His 4 trument granted by Ler to any suutcwa4or n interest of Borrower shall not operate to y ate
reined the WS d the cin rgl Borrquer or successors in interest Lip sh r be required to commence proceedings against cg=
Any suocesear n interest or refuse to extend tme a ane t or otherwise modify a l align o(the sums secured by this Security Instrument pa
by reason of any demand made by the original r Borrower's success in to t Any forbearance by Lender in exercising any 0
right or remedy shay not be a waiver of or preclaxf4er of any rght erre y,i 0
12. Successors and Assigns Bound;Join'arid.5ifi{nal Lia Ilty(Co°$lt(rters. The covenants and agreements of this Security o.
Instrument shall bind and benefit the successors and assig i i fjenl en d Bo rower,subject to the
Z
Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several Any Borrower who co-signs this Secunty ria
Instrument but does not execute tie Note,(a)es co-signing Hos Security Instrument only to mortgage,grant and convey that Borrower's interest ••
n He Property under He terms of His Storey Instrument,(b)is riot personally obligated to pay the sums secured by His Security Instrument;
and(c)egressanymay agreeanyregardE
Haat Lender alit other 8arrower to extend,modify,forbear or make accommodations wrath to the farms
of this Security Instrument or the Note without that Borrower's consent. L
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 Q
Mmes,Hen:(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
doss 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 Larder. My rxAce to Lender shall be given to Borrower or Lender when given as provided in His paragraph.
15. Governing Law,Severablety. This Setxrty Instrument shall be governed by federal law and the law of the jurisdiction in which
the Property is located In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such
contact shell not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision To
His end the provisions of this Security Instrument and the Note are declared to be severable.
1$. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument
17. Transfer of the Property ora Beneficial Interest In Borrower. If all or any part of the Property or any interest,n it is sold or
transferred(or it 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 as 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.
H Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days
horn the dale 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.
it. Borrowers Right to Reinstate. H Borrower meets certain conditions,Borrower shall have the right to have enforcement of ties
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 His Smarty Instrument Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security
Instrument and the NOW as if no acceleration had occurred;(b)cures and default of any other covenants or agreements,(c)pays all expenses
incurred in enforcing thio Seaxity Instrument rciudng,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may
reasonably require to assure that the urn 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.
Packet Pg.1028
"Wadiwp 2
• 016.D.5.b
10. 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 Service(
ire/dated to a sale of the Note If there e a change of the Loan Sarney'.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 shal not cause or permit the presence,use,disposal,storage,or release of any Hazardous
Substances on or in the Property Borrower shah not do,nor allow anyone else to do.anything affecting the Property that is in violation of any
Environmental Law The preceding two sentences shad not apply to the presence,use,or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower Nil prort-Lay gne Lender written notice for any nvesOQaton,cern,demand,lawsuit or other action by ally governmental or regulatory
agony or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge.
If Borrower erne,or a 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 n the 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 r renals. As used in the paragraph 20,'Environmental Lavemeans federal Laws and laws of One jurisdiction where the Property
is located that relate to health,safety or environmental protection
21.Acceleration;Remedies. Lender seal Ove notice to Borrower prior to acceleration following Borrower's breach of any covenant
or gement in the Sectnly meth neat(but rot;nor to acceleration under paragraph 17 unless applicable law provides otherwise). The notice
shell 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 eooelsralion el the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property The notice shall
furter inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nun-existence of a
debut or arty other defense of Borrower to acceleration and foreclosure If the default is not cured on or before the date specified in the notice, ch
Lender,at es option,may require immediate payment n full of all sums secured by this Security Instrument without further demand and may ch
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies t
provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence 2
22. Release. Upon paymrrt of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without
charge,to Borrower. Borrower shall pay any recordation costs o
23. Attorneys'Fees. As used n this Security)nstiurtsrlfhr>(the til` \l?, attorneys'fees'shall include any attorneys'fees awarded o d
by an appellate court. 7 10�1-�-t- ----__`'(-/A7-,,,,,\ .
21 Rfders to this Security InstrumenC fti e`of more riders area G arrer and recorded together with this Security w`- .a
Instrument.the covenants and agreements of eacl,';�s idr shall be incorporatediln I amend and supplement the covenants and N J
agreements of this Security Instrument as rf ' ridelss)were a part of this Security In tr ,t. (Check Applicable Box)
❑ Adjustable Rate Rider E'1.0.--ae Improvement Rda\ \E `co dominium Rider a- CS
7-----1--,,,,„rtRIID\ 1 , = 7nGraduated Payment Rider 1 ) , I S Home Ridr W(] oBalloon Rider 1 { aTier `',elianned Unit Development Rider cOther(s) ,
(apecrfy Y, N
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SIGNING BELOW,Borrower accepts and agreeee��
-p,
etemrs and covenants eonta� t4 ity Instrument and n any rider(*)executed 2)
by Borrower and recorded with rt. ti / O
ug
Spred,sealed Mel delivered n the of \� � \)'i- 2
Signature: t ) ,' ' �y i, _ Signature .1 - - f _..r`�i c' j �- =(Seal) r
'-'77: Borrower:BElliot Cortes, Sr. c
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Pmt Nacre: 'I._ I j i E
/ , )44.1) Addresa — -0
Lynn M.Reber a
/
STATE OF FLORA QA Signature^ t e r'1 & _(Seal)
Borrower CILa,dys Cortes
COUNTY OF CAW t!L
Address
I hereby certify that on this day, before me,en officer duty authorized in the state aforesaid and in the county aforesaid to take
acknowledgements,personally appeared Eat nT enitrF 5,,S?.. 6 L&IADIS rOotreS ,to me known to be the person(s)
deserted h and who siaated the foregoing instrument and acknowledged before me that 71(14 executed the same for the purpose therein
expressed.
WITNESS my hand and official seal In the County and State aforesaid this,34" day of KIM .19 96 ,.
My Commission Expires
N
9J�1 19 �'^;aJ��gnatute
Lynn M.Reber
Notarys Printed Name
(SEAL)
'hr.: linLYNN IL Lfl a rr'N10-
!. MKS:Spree.c.ler;`'.kry.5, wee Teri hoary Perak lhearteren J
,
.rv.red.lip 3 Packet Pg.1029
16.D.5.b
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COLLIER COUNTY, FLORIDA.
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