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Agenda 11/15/2016 Item #16D 5 16D.5 11/15/2016 EXECUTIVE SUMMARY Recommendation to approve three mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$37,480. 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, and rehabilitation assistance to homeowners for rehabilitation to their homesteaded property. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance,or loss of homestead exemption. The following table provides details regarding the associated mortgages that have been repaid in full. As such, satisfactions of mortgage are required. File# Name Security Mortgage Payoff Public Instrument Amount Amount Record 09-140 Heliodoro Rojas Ortiz& SHIP DPCC $2,480.00 $2,480.00 OR4464 Evelind de la C.Rojas Mortgage PG1731 12-028 Dorilis Rodriguez SHIP DPCC $20,000.00 $20,000.00 OR4993 Mortgage PG2794 04- Cecilia Gutierrez SHIP Rehab $15,000.00 $15,000.00 OR3578 019R Mortgage PG0627 Total $37,480.00 $37,480.00 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$37,480.00 satisfies the payoff amounts. 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 three 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 Packet Pg!917 16.D.5 11/15/2016 ATTACHMENT(S) 1. Satisfaction of Mortgage (PDF) 2. SHIP Mortgages (PDF) 3. SAP Backup (PDF) Packet Pg.918 16.D.5 11/15/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.5 Item Summary: Recommendation to approve three mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$37,480. 1 Meeting Date: 11/15/2016 Prepared by: Title:—Community&Human Services Name: Elizabeth Hernandez 10/12/2016 11:41 AM Submitted by: Title: Division Director-Cmnty&Human Svc—Public Services Department Name: Kimberley Grant 10/12/2016 11:41 AM Approved By: Review: Community&Human Services Maggie Lopez Additional Reviewer Completed 10/13/2016 8:25 AM 1 Public Services Department Amanda O.Townsend Additional Reviewer Completed 10/17/2016 7:50 AM Community&Human Services Leslie Davis Additional Reviewer Completed 10/17/2016 10:26 AM Community&Human Services Kristi Sonntag Additional Reviewer Completed 10/17/2016 11:00 AM Public Services Department Kimberley Grant Additional Reviewer Completed 10/25/2016 4:43 PM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 10/26/2016 3:10 PM Grants Erica Robinson Level 2 Grants Review Completed 10/27/2016 8:45 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/28/2016 9:17 AM County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/31/2016 11:14 AM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/31/2016 1:24 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/31/2016 2:26 PM Grants Therese Stanley Additional Reviewer Completed 11/02/2016 12:55 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 5:45 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM L Packet Pg.919 16:D.5.a 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 Heliodoro Rojas Ortiz,a married man,joined by his spouse Evelind de la C. Rojas to COLLIER COUNTY, dated 06/12/2009 and recorded on 06/24/2009 in Official Records Book 4464 Page 1731 of the Public Records of Collier County, Florida, securing a principal sum of $ 2480.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and v surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of p record. n. U This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2016,Agenda Item Number N a) m t ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA 0 By: By: o ,DEPUTY CLERK DONNA FIALA,CHAIRMAN Approval for form and legality: rn c Jennifer A.Belpedio a' Assistant County Attorney <D t~ Packet Pg. 920 16.D.5.a i I 1 C Prepared by:Elizabeth Hernandez Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 SATISFACTION OF MORTGAGE THIS SPACE FOR RECORDING I I 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 Dorilis Rodriguez,a single person, to COLLIER COUNTY, dated 12/13/2013 and recorded on 12/18/2013 in Official Records Book 4993 Page 2794 of the Public Records of Collier County, Florida, securing a principal sum of$20,000.00 and certain promises and Co - Records set forth in said Mortgage, upon the property described in the aforementioned mortgage. r r COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and M surrenders the same as cancelled, and hereby directs the Clerk of said.Circuit Court to cancel the same of U U record. d.a a This Satisfaction of Mortgage was approved by the Board of County Commissioners on - i ,2016,Agenda Item Number . 0 r N i 0 ATTEST: BOARD OF COUNTY COMMISSIONERS ca DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA 0 c By: By: O I i ,DEPUTY CLERK DONNA FIALA,CHAIRMAN Approval for form and legality: N co c m j l Jennifer A.Belpedio ,�„)`- .s u Assistant County Attorney /-1 +' Q 0 , fl4L Packet Pg. 921 16.D.5.a 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 Cecilia Gutierrez.a single woman, to COLLIER COUNTY, dated 04/22/2004 and recorded on 06/03/2004 in Official Records Book 3578 Page 0627 of the Public Records of Collier County, Florida, securing a principal sum of $ 15,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and U surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. a z This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2016,Agenda Item Number N 0� ATTEST: BOARD OF COUNTY COMMISSIONERS 0 DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA 0 By: By: ,DEPUTY CLERK DONNA FIALA,CHAIRMAN cisc Approval for form and legality: to Jennifer A.Belpedio ('\ E Assistant County Attorney < \ Packet Pg. 922 INSTR 4310985 OR 4464 PG 1731 RECORDED 6/24/2009 9:49 AM PAGES 3 16.D.5.b DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT Doc@.35 58.75 REc 527.00 OBLD 52,480.00 OBLI 50.00 ; •. i IECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")Is given on S 2t say of• June . ,2000,The Second Mortgagor Is:... • Hel)odoro Rojas Ortiz,a married man,-Jostled by-His Spouse . •. Evelinr de.la C. 1to'jas- ("Borrower".This Security Instrument Is given to Collier County • ("Lender"),which Is organized end exsting under the laws of the United Stales of America,and whose address Is .3301 E. •Tamiami Trail, Naples, Florida 34112 , Borrower owes Lender the sum of Two Thousand Tour Hundred Eighty and 00/100 Dollars ($2,480.00).This , debt is evidenced by Borrower's Note dated the same data as lids Security Instrument esecond Mortgage"),which provides for monthly . payments,with the full debt if not paid earlier,due end payable on sale of property,•refinance, or lose of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with Interest,and all renewals,extensions and modificailone{(b)the payment of at other sums,with Interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants anti 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. to As more particularly described as Golden Grate Estates,Unit 16 N 76FT OF S 160FT OF Tract 8,Collier County,Florida and which has the . • T- • T- address of: r ("Property Address"); • 1270 16"' 8iraef: NE, Naples,. FL 34120M TOGETHER WiiTH all the Improvements now or hereafter erected mt the property,and all easements,rlghta,appurtenances,rants; V • royalties;mineral,oil and gas rights and profits,water rights and sloth and ail adores now or hereafter a part of the property. All replacements • d and additions shell also be covered by the Security Instrument Atl0ffita f re Ings reffeerred to In this Security instrument as the"Property'. • � BORROWER COVENANTS that Borrower Is la k(i b1th 1 1 conveyed and has the right to mortgage,grant and convey the Property and that the Property s unencumt4 r ell"ncdmbre r facord. Borrower warrants end will defend generally • . • tl the title to the Property against all claims and deme Outs o any encumbrance frelir4. = THIS SECURITY INSTRUMENT combin a dni>p(m covenants(or national use: •no-uniform covenants with limited variation by U) jurisdiction to constitute a uniform security instru nt= (,rsng-rest-property. •. ' UNIFORM COVENANTS. Borrower, d Le•der)2pyegaet nd-agree.4'f•Ilows: - 1. Payment of Principal and Were t;Pr payment Z.L bargee.Borrows -hall rompily pay when due the principal of and 0) internal on the debt evidenced by the Note. //////�� 2.Taxes.The Mortgagor will pay a tax a sea en e 're' or le r ..•dor o the accrual of any penalties or Interest ty thereon, The Mortgagor shall pay or cause to•f • s.• Iv--; becoN d •(1) fl taxes and governmental charges of any40 • kind whatsoever which may al any time be la ty ssdssgd or Ale.ag • with peZZZZZittttttt lie ropery,(2)all utility and other charges,' 40 including"service charges",Incurred or Impose.•f•rt e.operetion,maintenance, e,0••party keep and Improvement of the Property, 05 and(3)all assessments or other governmental. that may lawfully be paI0,p.st'I r a period of years,the Mortgagor shall be 061 • obligated under the Mortgage to pay or cause to•: • only such Installments aid'.• •qy r e paid during the term of the Mortgage,and shag,promptly after the payment of any of the for ilkb, wward to Mortgagee evade ••r f b payment. • 3.Application of Payments. Unless app Crovides otherwiseol ary(tte a received by Lender shall be applied;first,to O interestdue;and,to principal due;and last,to any late ��esC��ppl1,eeun er Notteg i�') M 4.Charges;Liana. Borrower shell pay all tees ydeiethpptgj fde,firte and Impositions attributable to the Property which may . d attain priority over this Security instrument,and leasehold pay nt§a3�tr ffnouu rli,,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and alt receipts evidencing the payments. . — _ • Borrower shag promptly discharge any lien whichhas priority over this Security Instrument unless Borrower:(a)agrees in writing to Ih 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 - +-' the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Securily instrument:If Lender determines that any part ' C of the Property Is subject to a lien which may attain priorityover the Security Instrument,Lender may give Borrower a notice Identifying h 9 the lien: d Borrower shall satisfy the Ilan or take one or more of the actions set forth above within 10 days of the giving of notice. 6. Hazard or Property Insurance.Borrower shall keep the improvements now existing or hereafter eroded on the Property Insured .. , • egoist loss by tire,hazards Included within the term"extended coverage"and any other hazards,Including floods or hooding,for which Lender. co U renuirea insurance.This insurance shall be maintainedin the amounts and for the periods that Lender.requires.The insurance carrier- . co providing the Insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fall to Q 'maintain coverage described above,Lender may,at Lender's option,obtain'coverage to protect Lenders rights in the Property In accordance with paragraph 7.Al all times that-the Note is outstanding,the Mortgagor shall maintain Insurance vita respect to the Premises against such risks and for such amounts as are customarily insured against and pay,ea the same become due and payable,at premiums in respecllhereto, • including,but noilimited to,ail-risk Insurance protecting the interests of the Mortgagor end Mortgagee against loss or damage to the Premlaes • by fire,lightning,and other casualties customarily insured against(Inciuding bolter 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 clauee. Lender shalt have '• the right to hold the policies and renewals.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal ' ' notices.In the event of tone,Borrower shag give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if hot made promptly by Borrower.•. - . • . . - . Unless Lender and Borrower otherwise agree to 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.Lender'a security would be lessened,the Insurance proceeds shag 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 carder 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 sures 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,thedue date of the monthly payments referred to to paragraph 1 or change the amount of the payments..if under . ' paragraph 21 the Property is acquired by Lender,Borwers right to any Insurance policies end proceede resulting from damage to the • Property prior to the acquisition shall pies to Lender to lire extant of the sums secured by this Security instrument Immediately prior to the acquislfon.. ' • • 8.Occupancy,Preservation,Maintenance arid Protection of the Property;Berrower'e Loan Application,Leaseholds, Borrower shalt , occupy,establish,and use the Property as Borrower's principal residence winds sixty days after the execution of this Security Instrument and- shell continue to occupy the Properly ea Borrower's principal residence for at least one year after the date of occupancy,unless Lender .. otherwise agrees in writing,which consent shad not be unreasonably wkhheld,or unless extenuating dreumstences exist which are beyond" • Borrower*control, Borrower forfeiture damage Ont,deteriorate,or coMmIt waste on i Poperty.Bofwer she be In default If any actioproceeding,whethercivil ocrim en begun that n Lenders good faith' judgment could result in forfeiture of the Property or otherwise materially Impair the lien created by'thls Security Instrument or Lender'e security •• . . • \W" • - ,. `ctZ. . f : Packet Pg. 923 k. 1 4 OR 4464 PG 1732 16.D.5.b i • Merest. 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 It Borrower,during the loan application process,gave materially(else or inaccurate Information or statements to Lender(or fatted to provide Lender with any material " Information)In connection with the loan evidenced by the Note,Including,but not limited to,representations concerning Bortower'e occupancy- ' of the Property es a principal residence. If this Security;taetrument is on a leasehold,Borrower shall comply with all the provision of the lease. • if Borrower acquires fee title to the Properly,the laasehbid and the fee title shall not merge unless Lender agrees to the merger in writing. 7.Protection of Lender's Rights In the Proberty. If Borrower fells 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 dosed pay for whatever Is neresaery to' protect the value of the Property and Lender's rights lathe-Property. Lender's actions may Include paying any sums secured by a gen 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 fake 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 shaft bear interest from the date of disbursement at the Note rate and shell 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 premiumsrequired to obtain coverage substantially equivalent to the mortgage insurance previously In effect,et 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 ley • p Borrower when the Insurance coverage lapsed or ceased to be In effect. Lender wit accept,use end retain these payments as a loss reserve t in Ilea of mortgage Insurance.Loss reserve payments May no longer be required,et the option of Lender,If mortgage insurance coverage(In r the amount and for the period that Lender requires)proVlded by an Insurer approved by Lender again becomes available and is obtained. _ Li; 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, - r ' 0, Inspection.Lender or lis agent may make reasonable entries upon'end Inspections of the Property. Lender shall give Borrower r notice et the lime of or prior to en inspection specifying reasonable cause for the Inspection. . - t r - 10.Condemnation.The proceeds of any award or claim for damages,director consequential,in connection with any condemnation . or other taking of any part of the Property,or for conveyance in Ileu of condemnation,are hereby assigned and shall be paid to Lender. In the U 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, t� with any oedema paid to Borrower. in the event of a partial takin t the Proparty,In which the fall market value of the Property Immediately a. _ before the taking is equal to or greater than the amount'oft u 8 r j1's'Security Instrument immediately before the taking,unless p Borrower and Lender otherwise agree in writing,the eu 'lie Yyyahis� tp t ant shall be reduced by the amount of the proceeds ' - a multiplied by the following fraction:(a)the total amyl b u[6s secured imme Iaj e the taking,divided by(b)the felt merkef value of the Property invnediatety before the taking. Any a shall be paid to Borrower.`lr til ent of a partial taking of the Property in which . 2 the fairmarket value of the Property immediately•efore a takin•is Less than the emoun of th uma secured immediately for the taking, CO • - unless Borrower and Lender otherwise agree In Min.a r less applicabie.lay • erwtee vide,the proceeds shag be applied to the sums secured by this Security Instrument whether or oft :Su 'in en• Unfd s ender a Bor ower otherwise agree in writing;any ' - - 01 application of proceeds to principal shall note end•r os ne h- •+.n : • s,ir. h • yme is referred to In paragraphs 1 or change pp the amount of suchopayments. Y operate `— t1. Borrower Not Released,Forb=era e y Le de N a :W: , r s• of he S e for payment or modification of n' amodlzetion of the sums aecufed bythis Se ri I. tr re e b :n•- to an :u'• s y/In nterest of Borrower not to release the liability of the original Borrower or;or• I nt=r= Len.: -t,:ll at required tocommence proceedings, - t/r against any succesdor In interest or refuse to:• •ante-for payment or othe e mo• a f) on of the sums secured by this:Security . - 0 • instrument by reason of any demand made by :>a rinal Borrower or Borrower ucce:sor kLP rest.Any forbearance by Lender In ' • exercising any right or remedy shall not be a we •r preclude the exercise r.ht dy._ - RI 12.Successors and Assigns Bound; Q t-, d Several Liability;C i n covenants'and agreements of this Security • . ' Instrument ehalt bind and benefit the eucceeaors a of Lender and Borrower xbj o the- -. - Provieiona of paragraph 17, Borrowers covenants a s e rtta shall be fol rid' y ta:Any Borrower who co-signs this Security instrument but does not execute the Note;(a)Is co-sign Ihl: •p.ci ty'tp t{ ht'6nty t6mortgage.greet and convey that Borrower's Interest �� in the Property under the terms of this SecurityInstrument; •irdt+pfrrMene�gated to pay the sums secured b,this Security Instrument; • a. and(c)agrees that Lender and any other Borrower may agree toe : d,-rnodl forbear or make any accommodations withregardto the tams of this Security Instrument or the Note without that Borrower's consent. - 2 13. Loan Charges,If the loan secured by this Security Instrument is subject to a law which eats maximum loan chargee,and that -. . (1) law is finally interpreted so that the Interest or other loan chargee collected or to be collected in clennecilon with the loan-exceed the permitted C• 'limits,than:(a)any such loan charge shag be reduced by the amount necessary to reduce the charge to the permitted limit;end(b)any - already-collected from Borrower whIch exceeded permitted llmita will be refunded to Borrower. Lender may choose to make this rotund by. a) reducing the principal owed under the Note or by makinng a direct payment to Borrower. If a refund reduces principal,the reduction wilt be...'i • E heated as a partiatprepayment Without any prepayment charge under the Note. - -- - - t 14. Notices.Any notice to Borrower provided for In this Security Instrument shall be given by delivering It or by'melting it by first- - t) class mall unless applicable law required use of another method.The notice shall ba directed to the Property Address or any other address - Co Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when'given asprovided In This paragraph. -•••• 18. Governing Law;Severability.This Security instrument their be governed by federal law and the law of the jurisdiction In which • G( 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 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 end the Note are declared to be severable. • ' 1s. Borrower's Copy,.Borrower shelf 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 anpart of the Property or any interest In it Is sold or transferred(or if a beneficial Interest In Borrower ie sold ortransferred end Borrower Is not a natural parson)without Lender's prior written • - .consent,Lender may,albs option,"require Immediate payment in full of all sums secured by this Security Instrument.However,this option shell . not be eyercleed 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 walled within which Borrower must pay all some secured by this.Secudty Instrument..,if Borrower fails to- pay these sums prior to the expiration of(his period,Lenddrmay invoke any remedies permitted bythfs Security Inetruineni withliut further; ' noticce of demand on Borrower, - - - - . IS. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the fight to have enforcement of this• Security Instrument discontinued at arty time priorto the earlier of:(a)5 days(or such other period an applicable taw may specify for ' ' reinstatement)before sale of the Property pursuant to any power of sale contained In this Security Meta/moot;or(b)entry of a Judgment enforcing this Security Instrument.Those conditonsere that Borrower:(a)pays Lender all sums wild then would be due under this Security ' Instrument and the Note as If no acceleration had occulted;(b)cures and defaultof any other covenants or agreements;(c)pays elf - - ' Incurred In enforcing,this-Security Instrument,inciuding;.but not limited to;reasonable attorney's fees;.end(d)takes such action an Lender may '..•reasonably require to assure that the lieaof this Security Instrumept;Lender's rights In the Property end Borrowers obligation to pay the sums . 'secured by INS Security Instrument shell continue unchanged . Upon reinstatement by Borrower,this Security Instrument and the obligations. secured hereby shall rema(n fully effective as If no acceferatton had occurred. However,this right to reinstate shalt not apply in the case of. - , - - acceleration under paragraph 17• - - ' : '.. - - - • 19,Sale of Note;Change of Loan San/leer:The Nota'or a partial'rawest In the Note(together with this Security Inatrrirrient)may be said 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 ono or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Joan Servlcer,Borrower will be given written notice of the change In accordance with. 0 t, paragraph 14 and applicable law.The notice wig state the'name and address of the new Loan Servicer and the address fe which payments'•• • . . ' should be made.The notice will also contain any other information.required by applicable law. - • : Packet Pg. 924 . 1 *** OR 4464 PG 1733 *** 16.D.5.b • 20.Hazardous Substances.Borrower shell 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 spy Invesilgation,claim,demand,laweult 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 necessery,'Borrower shell 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,materlala containing asbestos or formaldehyde,and radioactive materials.As used In this paragraph 20,"Environmental Law"means federal laws end laws of the jurisdiction where the Property la located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shalt 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 opacity: (a)the default:(b)the action required to cure the default;(c)adate,not lees 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 sumo 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 defenee'of Borrower to acceleration sed foreclosure.,If the default to not cured on or before the date specified In the notice,. - Lender,at its option,may require Immediate payment le 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 tO provided In tuts paragraph 21,including,but not Urniled;to,'reasonable attorney's fees and costs of the title evidence. r- i 22.Release.Upon payment of all sums tenured by this Security Instrument,Lender shell release this Security Instrument,without tf) I charge,to Borrower. Borrower shall pay any recordation costs, 23.Attorneys'Fees.As used In this Security instrument and the Note,"attorneys'fees"shall Include any,attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument..If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be Incorporated Into and shall amend and supplement the.covenantaarid M I agreements of this Security Instrument as if the dder(s)were a part of this Security Instrument. (Check Applicable Box) 0 • ❑Adjustable Rate Rider ❑Rate Improvement-ids C. dominlum Rider d ❑Graduated Payment Rider • ❑1.4 Family Rld r'''' ��'R _� Second Home Rider CI ❑Balloon Rider [❑Biweekly Pa d� L�ria e� Development Cl. ❑Other(s)(specify N SIGNING BELOW,Borrower accepts and ogres to( -• - •rms an cow ad I n is costan the Se rity Instrument and in any rider(s)executed . 3 by Borrower and recorded with It ODe fV Signed,sealed and delNered the presence•f. C /�nit•s fA • WknessSit � I at re ni�!I;j d Borrower Hr,•f• Ao_aea Signature:>3........; 1"r;tr+ / 117 3 Witness/12: ✓: Signature: At Age. Co-Borrower O Signature: ©j } ;nd de la C. Rojas i y a_ 1 • ��tit 16e street ITS 8 Naples, Florida 34120 = STATE OF FLORIDAIn COUNTY OF COLLIER I hereby certify that on this day,before me;an officer duly,authorized in the state aforesaid and In the county aforesaid to take C c acknowledgements,personally appeared Hellodoro Rojas Orate me known to be the person(s)described In and who executed the fco oregoing 'O U Instrument and acknowledged before me that(Hal ehel`they)executed the same for the purpose therein'expressed. • .r." • *Joined by His Spouse Evelind de la C. Rojas 4 WITNESS my hand and Edda'seal In the County and State aforesaid Is ]I. day of.3141"C— 200TI My Commission Expires: . Notary gnatu (Seal) ' - goAtav s, t-t faf zr L I Notary's Printed Name • • ,01111/10/1/ M /i •arp• ts�rr� File#: 09-140 ;I j'� j* • I • Packet Pg.925 1 i INSTR 4925873 OR 4993 PG 2794 RECORDED 12/18/2013 4:11 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16.D.5.b DOC@.35 $70.00 REC $44.00 OBLD $20,000.00 MTI Title Insurance Agency,Inc • 1990 Main Street,Suite 750 Sarasota,Florida 34236 rr L— aao3--1(4" Prepared by and Return to: Collier ounty Housing, uman,and Veteran Services Department 3339 F../fa ' 1 Trail,Building H,Suite 211 Naples,Florida 34112 mortte-e)cempk i cinglbl�-}mac STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")Is given on �^kh day of t/ b 2013. The Second Mortgagor is: Dorilis Rodriguez, 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 3339 E. Tamiami Trail, Naples, Florida 34112. Borrower owes Lender the sum of Twenty Thousand and 00/100 Dollars ($20,000.00). This debt Is evidenced by Borrowers Note dated the same date as this Security Instrument("Second Mortgage"),which does not provide for monthly payments.The full debt,If not paid earlier,is due upor?sele of the property within the fifteen year term,If sold after the fifteen year term,no repayment is required.As long as the borrower continues to own and occupy the assisted property during the term of the mortgage,then the loan will not have to be repaid. This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with Interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with Interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. in As more particularly described as:GOLDEN GATE EST UNIT 62 N 76 FT OF S 160 FT r 1014 PG 800 and which has the address of: ("Property Address"): 942 EVe rglades Blvd. S .,-.--% Si V.IN pat , FL 34117 V (Address) /�� (City)` �� (State) (Zip) a_ TOGETHER WITH all the improvements now or hereafter erected on the property;and all easements,rights,appurtenances,rents, a. royalties,mineral,oil and gas rights and profits,water rights atad"sTock andati fixtures now or hereafter a part of the property. All replacements = and additions shall also be covered by the Security Instrument`"Alf okthe foregoingIs referred to in this Security Instrument as the"Property". to BORROWER COVENANTS that Borrower is lawfulleized ptliie estatah b con i ere yq geyed and has the right to mortgage,grant and m convey the Property end that the Property is unencumb red/except far c mb'rarice§of Owd;Bo wer warrants and will defend generally °D P the title to the Property against all claims and demands, blest to any er cuii rbra oPecbfd I THIS SECURITY INSTRUMENT combine rm,covenaritlor a tonal use and bonfuniform covenants with limited variation by w jurisdiction to constitute a uniform security Instrumentq nngleel property.=--r y 11:4°,1 r UNIFORM COVENANTS. Borrower and Lender covenant and agree as fellows: I /i / co 1. Payment of Principal and Interest;Preplyntent and Late Charges rrorpcer b'a dromptly pay when due the principal of and = interest on the debt evidenced by the Note. \� \ / Lei O 2. Taxes. The Mortgagor will pay all taxes,auOssments,sewer rents or water te9$nbor to the accrual of any penalties or Interest H thereon. \07.).„ -- _. � a �_ _ The Mortgagor shall pay or cause to be paid,as thesexespecttvety t)agoreAue,(A)(1)all taxes and governmental charges of any W kind whatsoever which may at any time be lawfully assessed orlevfeef against et wittriespect to the Property,(2)all utility and other charges, including"service charges",Incurred or Imposed for the operation,ma ntenance;as'e,occupancy,upkeep and improvement of the Property,and a (3)all assessments or other governmental charges that may lawfully be paid In Installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and s shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. m 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to Interest due;and,to principal due;and last,to any late charges due under the Note. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which may .attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees In writing to the payment of the obligation secured by the lien In a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien In,legal proceedings which In the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 6. Hazard or Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property insured against loss by fire,hazards Inducted 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 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 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. Packet Pg.926 OR 4993 PG 2795 16.D.5.b 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 Lenders 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 to 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 ro In lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in ,� the amount end for the period that Lender requires)provided by en 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. ry 9. Inspection. Lender or its agent may make reasonaple ea epcti)nd.thsPections of the Property. Lender shall give Borrower U notice at the time of or prior to an Inspection specifying reas'ttnable-pause ftrlhe it Pegtt 10. Condemnation. The proceeds of any awarder°Calm for damages,direct,r gqoonsequentlal,in connection with any condemnation p or other taking of any part of the Property,or for conveyahce.lh lieu of condemnation,are'hherebyessigned and shall be paid to Lender. In the a event of a total taking of the Property,the proceeds shall be applied-to.he sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a'partial takiagef thePropefty;ifi which the\falr Market value of the Property immediately rn before the taking is equal to or greater than the ar)ount bf the sums Secured by this Security Iri>ttrun ent immediately before the taking,unless Borrower end Lender otherwise agree in writing,the surnsep' b"y thus igstru e5phihall be reduced by the amount of the proceeds co multiplied by the following fraction:(a)the total a ount(6f tl(e s its `ec(rred i{n Vie�y hare'ithe Irking,divided by(b)the fair market value of the Property immediately before the taking. An balaan aha))l�e aid tgiBo�r. iri thvent o a partial taking of the Property in which the fair market value of the Property immediately bdfor�"ths klhg is s.thaht amount.df the sups secured immediately for the taking, w unless Borrower and Lender otherwise agree In witting or unless applicable law dtherwise provide%the proceeds shall be applied to the sums cn secured by this Security Instrument whether or not qt es s are then due. Unless ynder and Borrower otherwise agree in writing,any ar application of proceeds to principal shall not extend oro dos one the due date of thertl'onthly pa'iti nts referred to In paragraphs 1 or change o the amount of such payments. ✓`-` ��// / 2 11. Borrower Not Released,Forbearancey`Len\der Not a Waiver. Extens)ot,oftne time for payment or modification of a. amortization of the sums secured by this Security Instrumentg anted byLender_toany,sr)ccessor In interest of Borrower shall not operate to = release the liability of the original Borrower or Borrower's successdr 4in inteyest.\1 ndeisliali not be required to commence proceedings N against any successor In interest or refuse to extend time for paynlenfdt4.tfeniriseihodify 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 0 exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to theas Provisions of paragraph 17. Borrowers covenants and agreements shall be Joint and several. My Borrower who co-signs this Security d Instrument but does not execute the Note;(a)Is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)Is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,end that law is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit•,and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. My notice to Lender shall 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 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 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 for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower,(a)pays Lender all sums which then would be due under this Security instrument and the Note as If no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument.including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights In the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations Packet Pg.927 OR 4993 PG 2796 16.D.5.b secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial Interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or In the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance(Attie 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 Instrum nt(a e tllo(e) ttdmeys'fees'shall include any attorneys'fees awarded by U an appellate court o_ 24. Riders to this Security Instrument. If oneeranore riders are executed-by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such)idq(shall be Incorporated into and shaltamend and supplement the covenants and ,, agreements of this Security Instrument as lithe rider(s)wereca-part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate 101 srovement$i(fer U, ominium Rider ❑Graduated Payment Rider1-4 Fa IIY ❑ !!!} i hd Home Rider CsI ❑Balloon Rider 0 Biwee y Pa t R' r J II�anrledd Uhit Development Rider h ❑Other(s)(specify t•--/ �: �s i a ra ca SIGNING BELOW,Borrower accepts and agrees tos and covenants conte'n i is 6aCurity Instrument and in any rider(s)executed o by Borrower and recorded with it. (,.,r' 2 Signed,sealed and delivered in the presence of - \1)\ em Signature: Signature: o Borrower Dortlls Rodriguez Co-Borrower Address: 942 Everglades Blvd. S Naples, Florida 34117 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that, Dorilis Rodriguez ,personally appeared to me known to be the person(s)described in and who executed the foregoing Instrument and acknowledged before me that(Het she/they)executed the same for the purpose therein expressed. t• WITNESS my hand and official seal in the County and State aforesaid this r3 day of --)e-S.e r,6e r 2013. My Commission Expires: 7/5/a o3 (Seal) • 'ublic's Sig , est..., Notary Public State dFlorida L. �I(�Yl Kristina L Kaplan :01 p• hiy Commission EE 214140 Notary's Printed Name 4e Erpies 0710512016 SHIP Filen: 12-028 SHIP Purchase Assistance Program Packet Pg.928 • • 16.D.5.b PORN o SECOND MORTGAGE Beta: 3413109 OR: 3578 PG: 0627 OBLD 15000.00 BCC/FINANCIAL ADMIN i HOUSING RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL OBLI 15000.00 2800 N HORSESHOE DR 06/03/2004 at 08:21A1 DWIGHT B. BROCK, CLERK NEC PEE 27.00 NAPLES FL 34104 DOC-.35 52.50 THIS SECOND MORTGAGE('Security Instrument')is given on April 22,2004. The Second Mortgagor is: CECILIA GUTIERREZ, a single woman (Borrower'').This Security Instrument is given to Collier County (-Lender"),which is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive it400, Naples, Florida 34104. Borrower owes Lender the sum of Fifteen Thousand Dollars(U.S.i 15,000.00).This,debtis 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 boamestead 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 b protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Insbumentard the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Col 1 i er County,Florida. More particularty described as:Lot 9,Trafford Pines Estates,Sec 1 Block 3 Folios 77161320005 and which has the address of ('Property Address'): 182 0 Leed Ave. m r rs•..a lb Immokalee, Florida 34142 9. TOGETHER WITH all the improvements now h or e eafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rig a _s .--71;rat!fixtures now or hereafter a pert of the property.The Security r') S •: Instrument shall also cover all replacements and add"Qr c• •is referred to in this Security Instrument as the'Property". V BORROWER COVENANTS that jawfulyseized 0 •-`�itte hereby conveyed and has the right to mortgage,grant , and convey the Property and that the Property mbered,except fore *trances of record. Borrower warrants and will defend I] generally the title to the Property against ad da`1th and demands,subject to any'encumbranc es of record. 0- THIS THIS SECURITY INSTRUMENT combines unrionitcovenants for nationaluse and non-uniform covenants with limited variation by I jurisdiction to constitute a uniform security instiumfirt ivering3real pro UNIFORM COVENANTS. Borrower i�, i e a a(�e • owe\ cri 1.Payment of Principal and into yRie in mower shall promptly pay when due the principal of and interest on the debt evidenced by the N e. ( 1r' fcv 2.Taxes.The Mortgagor takes er�sere . -r, prior to the accrual 2:- ..� b is thereon. ,4 IZ- w The Mortgagor shall pay or catlse to paid,as the same respectively•:•• _LI Z--,.,1 (A)(1)all taxes and governmental charges of rn any kind whatsoever which may at any tiere lawfully assessed or levy,age ri witb`respect to the Property.(2)all utility and other 4 charges,inducting"service charges',ince) i 'mposed for the operatioy't;1pai teria'o ;;use.occupancy,upkeep and improvement of the o Property,and(3)all assessments or othei\vemmental charges that may hAjtAQyibe paid in installments over a period of years.the m Mortgagor shall be obligated under the Mortgage o pay or cause to be paid o•y s4ipl,Afistallments as are required to be paid during the term a. of the Mortgage,and shall,promptly after the payment of anyaf.lhe rig\orward to Mortgagee evidence of such payment = 3.Application of Payments.Unless applicable-10*prc vic psi§e,all payments received by Lender shall be applied;first,to rn •interest due;and,to principal due;and last.to any late dtargetdue.urdef'the Note. c 4.Charges;Liens.Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which w may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender s all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower..(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against < enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. 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 shell 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,induding 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 tnot made promptly by Borrower. ' Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Properly emaged, the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not j if gponomically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security 2astrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answerwifhin 30 lips a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds.Lender ' C 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. i ', 1 PacketP 929 «cwed.wp9• 3 • • 16.D.5.b roar 0 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrowers Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days afterthe execution ofthis 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,allows the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest Borrower may cure such a default and reinstate,as provided in paragraph 18.by causing the action or proceeding to be dismissed with a ruling that,in Lenders good faith determination,predudes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,induding,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever Is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien, which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7,Lender does not have to do so.Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument.Unless Borrower and Lender agree to other terms of payment these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. if substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these „, payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,If mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall peyb`e to maintain mortgage insurance in effect,orb providea loss ,, reserve,until the requirement for mortgage insurance evcisin Wlpi;arty written agreement between Bor ower and Lender or o applicable law. U /� ver d 9. Inspection. Lender or its age[rf ,. ke reasonable entries`up i-and inspections of the Property. Lender shall give a co Borrower notice at the time of or prior top an ns n specifying reasonable caut9 for the inspection. a �� 10. Condemnation. The pry eeds'of'.any aviald_nLdaim for damages,direct or consequential,in connection with any s �o O condemnation or other taking of any part df thetrop ,ter yfor ognveyanc8 in lieu of condemnation,are hereby assigned and shall be paid to cn Lender.In the event of a total taking of P prparfds n, . -ppli tr $sums secured by this Security Instrument whether C7 or not then due,with any excess paid '. ffhettev i' -lb the Property,in which the fair market value of the m p... Property immediately before the taking' eq I or g n a,, ?turns se4ured by this Security Instrument immediately rr 0o before the taking,unless Borrower and (� in. .'._•the suns eecr res t y this Security Instrument shall be reduced by 1-- the amount of the proceeds multiplied fro (a ,.I arrtiourat o the Sums secured immediately before the taking, d i.c divided by(b)the fair market value of the rty immediately before b kirg.i Anyj$lance shall be paid to Borrower. In the event of a B ‘-'-'1 partial taking of the Property in which the et value of the Propertyirnediitel rhe the taking is less than the amount of the sums do secured immediately for the taking,unless randLender o in `or unless applicable law otherwise provides,the to Oproceeds shall be applied to the sums is Security Instrument oynot the sums are then due. Unless Lender and 2 Borrower otherwise agree in writing,any ap ' pm of proceeds to principal hid!not extend or postpone the due date of the monthly n. payments referred to in paragraphs 1 or change ntof.such..payrrfent5.V "i"11. Borrower Not Released,Forbeara alit jethder ' Waiver. Extension of the time for payment or modification of u'' amortization of the sums secured by this Security Instrument-grunted Iendertoany successor ininterest ofBorrower shall not operate b release the liability of the original Borrower or Borrowers successors in interest Lender shall not be required to commence proceedings g against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security E Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest Any forbearance by Lender in -E, exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. co 12.Successors and Assigns Bound;Joint and Several Liability;Co Signers.The covenants and agreements of this Security ¢ Instrument bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of paragraph 17.Borrower's covenants and agreements shall be joint and several.Any Borrower who co-signs this Security Instrument but does not execute the Note;(a) is co-eignlng 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 Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms delis Security Instrumento'the Note without that Borrowers consent 13.Loan Changes.if the loan secured by this Security Instrument is subject to a law which sets maximum ben charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and(b)any already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. Federal law and the law of the jurisdiction in which the Property is located shall govern this Security Instrument In the event that any provision or clause of this Security Instrument or the Note conflicts with 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 itis sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument However,Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. If Lender exercised this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or 0 C 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. i 3ed.wp 2 «wPacket Pg.930 1 III • 16.D.5.b horn 0 C, 18. Borrowers Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays at expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Propertyand Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged.Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19.Sale of Note;Change of Loan Servicer.The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.Borrower shall promptly give Lender written notice for any investigation,claim,demand.lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other rernediation 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 orhazardous substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and m 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( to oration under paragraph 17 unless applicable law provides m otherwise).The notice shall specify (a)the default; a -ra the default;(c)a date,not less than 30 days from the date U -DK the notice is given to Borrower,by which the default eu cured:and1d).t�71los to cure the default on or before the date specified in a ec the notice may result in acceleration of the stfrr{{RRk aired by this Security I 'Trent.foreclosure by judicial proceeding and sale of the p 1 is Property. The notice shall further inform SorrbWer of the right to reinstate after aoceteretion and the right to assert in the foreclosure p. o% preceding the non-existence of a default or any,6h@Tdefe1S9'.otttlo_awereto acceleratiorj and foreclosure. If the default is not cured on or _ cv before the date specified in the notice,fiende�at kid**,may requ'i78 imnmediate\payrbent in full of all sums secured by this Security U) o Instrument without further demand and may Lent rapar5y,ithis; ,•v :,• .• al proceeding. Lender shall be entitled to coiled all c� expenses incurred in pursuing the remedies h pgrag ia1, .. imited to,reasonable albmeysfees and costa co CC'' of the title evidence. ll1JCslcy, 22.Release.Upon paymeM'bf all iL c b)rth4' .%rrity..not Fcol shallreleaseSecurityIument,withal J ah 00 23.Attorneys'Fees.As u m tura Security Instrument and rt Note'attttttrfff 'fees'shall include any attorneys'fees awarded 21 .n by an appellate court. c•-) 24.Riders to this Security Ins If one or more riders `- -• •y Trower and recorded together with this Security o Instrument,the covenants and agreements ch rider shall be into•• •(oto nd shall amend and supplement the covenants and 2 a agreements of this Security Instrument as if th r! s)�were a part of this - , $ trument. (Check Applicable Box) a Pe 1 r1 2 Adjustable Rate Rider (9 Batt M Rider u Condominium Rider to 4c▪ I—I --- l-1 C • u Graduated Payment Rider 1-4 Family Rider C Second Home Rider m r-iE ❑ Balloon Rider LJ Biweekly Payment Rider 0 Planned Unit Development Rider r-1 s L-1 Other(s)(specify = SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) Q executed by Borrower and recorded with it Signed,sealed and delay, _•in the presence of: _ WitnessSigratu .—_ ,, ,A /. .4 Signature.---if/ / / Borrower UTZ V= Witness Print Name: 14 .Q, Signature: ( Borrower Witness Signature: i Witness Print Name: Lo„,- 3 '8enr-d Address: 1820 Leed Ave. Immokalee, Florida 34142 STATE OF Florida COUNTY OF Collier I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared CECILIA GUTIERREZ to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that HE/ HFJ HEY executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this April 22,2004. - 4 _ _ �J4 a4017/ My Commission Expires: /�! � EMU Apt$4001 Nghary p �'s$jgn a :1 ' eomrdfinarMlruwwrrrw WI r /jrP0i(j(1 Notary's Printed N e (SEAL) 3 w•ed.wp Packet Pg.931 16.D.5.c • 110 t:t c,o i ' '81 i ..r M F; t l U a. . ill tn cc .0iN y��j,4!iih44! ;!. 1 :3 ., ! 1 1, Q COvs ,.1..1 . , 0- 1 m 1 E E `i t s Q e,'2 :'s' i :i 1 H rl,i.j t g -; 1 •1.8,;:,.f,. .1Io� ` ,,_ U O , ;o M M { m 'm'.nkm i 1 j', a :::, Ili i.... { ' ll 1 f 3 1„41 1 i :+ !r s�� LL�� I is,. .... ,..4 0 ,i Packet Pg. 932