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Agenda 04/25/2017 Item #16D204/25/2017 EXECUTIVE SUMMARY Recommendation to approve four mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of $17,170. OBJECTIVE: To support the affordability of housing in Collier County through State Housing Initiatives Partnership (SHIP) down payment, emergency repair, and rehabilitation assistance programs. CONSIDERATIONS: The SHIP 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 the 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. In the instances of Hernandez and Jean-Louis, the homes were sold. The Almendarez/Reyes and Reyes homes were refinanced. File # Name Security Instrument Mortgage Amount Payoff Amount Public Record 09-077 Roberto Almendarez and Nilsa M Reyes Robles SHIP DPCC Mortgage $,3000.00 $,3000.00 OR4439PG0316 09-366 Humberto Hernandez SHIP DPCC Mortgage $5,000.00 $5,000.00 OR4692PG477 03-197 Carla Jean-Louis SHIP DPCC Mortgage $5,000.00 $5,000.00 OR3308PG2517 09-069 Jorge L. Reyes and Iris M. Reyes SHIP DPCC Mortgage $4,170.00 $4,170.00* OR4418/PG2855 TOTAL $17,170.00 $17,170.00 *Jorge L. Reyes and Iris M. Reyes refinanced their home and paid off their SHIP mortgage on 7/9/2013. Although it was paid in full, a Satisfaction of Mortgage was never submitted for approval at the time of payment. Approval of this item will authorize the Chairman to sign the attached satisfactions of mortgage, and the executed documents shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The repaid amount of $17,170.00 satisfies the mortgage amount due to the recapture provision as noted above and emergency rehabilitation funds expended. T hese repayments are considered program income. $13,000 was deposited in SHIP Grant Fund 791 , Project 33467, and $4,170.00 was deposited in SHIP Grant Fund 791, Project 33198. These funds may be reused for eligible SHIP activities. The $10 recording fee will be paid by each of the borrowers, except Jorge L. Reyes and Iris M. Reyes. The recording fee for Jorge L. Reyes and Iris M. Reyes will be paid by SHIP Admin. out of Grant Fund 791, Project 33429. GROWTH MANAGEMENT IMPACT: There is no growth management impact. 04/25/2017 LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: To approve and authorize the Chairman to sign four 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. Satisfaction of Mortgages (PDF) 2. MORTGAGES (PDF) 3. SAP BACKUP (PDF) 04/25/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2 Doc ID: 2998 Item Summary: Recommendation to approve four mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) loan program in the combined amount of $17,170. Meeting Date: 04/25/2017 Prepared by: Title: – Community & Human Services Name: Elizabeth Hernandez 03/31/2017 2:33 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 03/31/2017 2:33 PM Approved By: Review: Community & Human Services Leslie Davis Additional Reviewer Completed 03/31/2017 2:57 PM Community & Human Services Kristi Sonntag Additional Reviewer Completed 03/31/2017 3:23 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 04/03/2017 10:30 AM Public Services Department Joshua Hammond Additional Reviewer Completed 04/05/2017 7:48 AM Public Services Department Sean Callahan Additional Reviewer Completed 04/05/2017 7:53 AM Public Services Department Kimberley Grant Additional Reviewer Completed 04/06/2017 11:44 AM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 04/07/2017 10:32 AM Grants Erica Robinson Level 2 Grants Review Completed 04/07/2017 1:45 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 04/12/2017 8:53 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/13/2017 2:52 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/13/2017 3:37 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/13/2017 3:42 PM Budget and Management Office Ed Finn Additional Reviewer Completed 04/17/2017 11:48 AM Grants Therese Stanley Additional Reviewer Completed 04/17/2017 2:28 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2017 10:12 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM i Rein: 4276949 OR: 4439 PG: 0316 BAY TITLE S ESCROW CO RECORDED in the OFFICIAL RECORDS Of COLLIER COUNTY, R OB1D 3000.00 1227 ROGERS ST 0E 03/30/2005 at 08:37AX DWIGHT B. BROCK, CLERK OSLI 3000.00 CLEARWATER FL 33756 RFC FF3 27.00 DOC -.35 10.50 SECOND MORTGAGE THIS SECOND MORTGAGE ("Security Instrument") is given on , 2009. The Second Mortgagor Is: Roberto Afinendarez and Miss M Reyes Robles, single persons ("BorroweY'). This Security Instrument Is given to Collier County ("Lender'), which Is organized and existing 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 Three Thousand and00/100 Dollaro ($3,000.00). This debt is evidenced by Borrower& Note dated the same date as this Security Instrument ("Second ortgn ), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on sale of property, refinance, or lone of homeatead s camption . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extermlons and modifications; (b) the payment of all other sums, with Interest advanced under paragraph 7 to protect the security of the Security Instrument; and (e) the performance of Borrowers covenants and agreements under this Security Insimment and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Fforda. As more particularly described as Naples Manor Lakes, Blk 11, LOT 17, Collier County, Florida and which has the address of. ("Property Address"): 5366 Broward Street, Naples, FL 34113 TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all Mures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to In this Security Instrument as the "Property'. BORROWER COVENANTS that Borrower is lawfully set;ed-of-the_estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbererJ aX tp�r V rr+ ranOes of record. Borrower warrants and will defend genemtly the title to the Property against all claims and demands 11'a' bjd t 6 y-adduy[nb dVa rrecord. THIS SECURITY INSTRUMENT cembinesyryfd warrents for nafibn� r ' cad non-uniform covenants with limited vada0an by UNIFORM COVENANTS. BereWtI a d Len r covenant and agree as follow @$: 1. Payment of Principal and Interes ; Pre aJMen�t­andf Lato-C" a. Borbwet all promptly pay when due the principal of and Interest on the debt evidenced by the Note. / 2. Taxes. The Mortgagor will pay a taxrJ eco t r -w to - lea or to the accrual of any penalliea or Interest !hereon. C'VI+ p\(S The Mortgagor shall pay or cause t be ps ere c " ei e rd` du , (A (1) all taxes and governments) charges of any kind whatsoever which may at any time be la IIr` @w)� lo; a Pmparry, (2) all utllhy and other charges, including "service charges", incurred or impos oatioTr,'main erya us , u oY upkeep end Improvement of the Property, an(3) all assessments or other governmental cha el, may lawfully be paid i stall can by a Period of years, the Mortgagor shall be obligated under the Mortgage to pay or ceus't only such instelimenis� a rep p o be paid during the term of the Mortgage, and shall, prompfly after the payment of any of the fo n forwero to Mortgagee cd o h payment. 3. Application of Payments. Unless a tm�b)b)e�flaw provides'therv+ise, liy 4y nus received by Lender shell be applied; that, to interest due; and, to principal due; and last, to env la gEbbTdesdue under the otrI' l 4. Charges; Uans. Borrower shall pay all a #""`e �3�m ants erga§,l��j� and Impositions attributable to the Property which may attain priority over this Security Instrument, and leaseholdarft¢-9rgy 'rNEnls, it any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipflreviden�9 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 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 of the Property is subject to a lien which may again priority over the Security Instrument, Lender may give Borrower a notice identifying the Ilan. 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. Huard 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 goods or flooding, for which Lender requires Insurance. This insurance shall be maintained in the amounts and for the pedods that Lender requires. The insurance carter providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower falls 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 , ail -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 bolter explosion, If appropriate), with a uniform standard extended coverage endorsement, including debuts removal coverage. Such insurance at all times to be In an amount not less than the full replacement coat 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 fight to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal seem. in tbe event of foes, Borrower shall give prompt notice to the Insurance carrier and Lender. Lender may make proof of baa if not made promptly by Saflower. Unteas 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 net economically feasible or Lenders security would be lessened, the Insurance proceeds shell be applied to the sums seared by the Security Instrument, whether or not then due, with any excess paid to Borrower. It 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, than 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 of 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. 6. 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 Lender$ seourity, AA . uMtZ`Z OR: 4439 PG: 0311 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 Bonowees interest In the Property or other materiel 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 Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Landers 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. 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 Lander 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 Lander agree to other terms of payment, these amounts shall beer 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 insurence 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 shell 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, g. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the lime of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection with any condemnation or other taking of any pert of the Properly, or for conveyance in lieu of condemnation, are hereby assigned and shall be pad to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property Immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums securedbyA8'ta—Security Instrument shell be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of tit rrpptys� cymRy,n lately before the taking, divided by (b) the fair market value of the Property immediately before the laking. Any balep gbe''airLis`�'e(r In the event of a partial taking of the Property in which the fair market value of the Property immediately befq(gq th g is less than th of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree In wdt(pggi less applicable law at h j e fovides, the proceeds shall be applied to the sums secured by this Security Instrument whether or npp lit �s ms are then due. Unless Le er ail Borrower otherwise agree in writing, any application of proceeds to principal shell not exl8nd o p6Tpone fh�.duell to the mon ly p mania referred to in paragraphs 1 or change the amount of such payments. 'r'„i(( Jf �i 11. Borrower Not Released, For are ce n a�- of aiv nglo oft a time for payment or modificallon of amortization of the sums secured by this SecF�rity t me r nt d�1y aero en�; sea in Interest of Borrower shall not operate to release the liability of the original Borrower or e s so n�Irj 1 to E' L�Qdtf sh II no be required to commence proceedings against any successor in Interest or refuse to time or war n b of erMse 111 Ily r(Sor nation of the sums secured by this Security Instrument by reason of any demand made b h n ins or war r o era 4� s rain interest. Any forbearance by Lender In exercising any right or remedy shall not be a N pf or preclude the ezercis fen ng or edy. 13. Successors and Assigns Been I�..�o1 t and Several Liability ,r pSf n e covenants and agreements of this Security Instrument shall bind and benefit the successo eft signs of Lender and So 'b r, p ja to the Provisions of paragraph 17. Borrowers covenant d reements shall be joint an r�e4efe� Any Borrower who coaigns this Security Instrument but does not execute the Note; (a) is co- ig $h' Security Inslm STy�dmortgage, grant and convey that Bonowars interest In the Property under the terms of this Security Instrun1%0t;';;( gglrot personal�lIf�Dbf etl to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may ayre l$�>�lenfll Edi ,{fat ar or make any accommodations with regard to the terns of this Security Instrument or the Note without that Borrowers-nsent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that low is finally Interpreted so that the Interest or other loan charges collected or to be collected In connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. 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 Wri iding provision. To this end the provisions of this Security Instmment and the Note are declared to be severable. 18. 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 dale of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a paged 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. 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 eadier 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 Instmment and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses Incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this night 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 Services') 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 stale 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. *** OR; 4439 PG; 0318 *** 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, lawsult 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 remedlatlon 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, "Environmentat 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 core 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 tis option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used in this Security Instrument and the Note, "aftomeye fees" shall Include any attomeys' fees awarded by an appellate court. 24, Riders to this Security Instrument, hone 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 emend and supplement the covenants and agreements of this Security Instrument as If the rider(s) were a part of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Graduated Payment Rider ❑ Balloon Rider ❑ Other(s)(speoity ❑ Rate Improvement Rider ❑ 1-0 Family Rider ❑ Biweekly Payment.Rkal SIGNING BELOW, Borrower accepts and by Borrower and recorded with it. Signed, sealed anddeliveredIn the press Witness#1: I)k� Lr 'Y Co. STATE OF FLORIDA COUNTYOF e0lfel ❑ Condominium Rider ❑ Second Home Rider red Unit Development Rider M. Instrument and in any rider(s) executed Street 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 Roberto Almendarez and Miss M. Reyes Robles to me known to be the persons) described In and who executed the 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 ihi /qday—of SAn, 2009. My Commission Expires: 7'G Notary Po' u lirG's�5ignafine (Sent) i'�C1Y�:a LGK'h/.n "$ PETERJAOUGHUN Notary's Printed Name NyfA%1NISexambu 17,2261 ls�'ids''I E%PIBES:Ssplemb¢t 17, 2011 *e«e&°' eoixemNewyelxauysasca File#: 09-077 INSTR 4574716 OR 4692 PG 477 RECORDED 6/15/2011 1:17 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.35 $17.50 REC $27.00 OBLD $5,000.00 OBLi $0.00 STATE HOUSING INITIATMS PAPMMRSHSP (SHIP) PROGRAM HHCOHD MoRTGRGE TWS SECOND MORTOARE Q"uoanky lnsbunhearn is 9N" on day of , 2011. The SemMMmlgeporie: }htabart+o m—�uvdaar a piagle nep oicu e''1. This Seaeeylnicuftw e the laws of the United Stria orMkrka. icnwer wee Land. the a an A FiF, SortvMYe Mm deed the same data as erot Ped seller, Cue aM psysbie on.,, This $enaey Ma"nant secures m Lena and dndfim .' ft) the p9ymern of an whld, IS ort;uh and edenng latler Sanvwerdoss hara4l s000M rrorCIMY-',groM and oemeYmlerwer4le bbwlM tlewbM n ex As mite pardtmay 6,W00 a a p 1cute u t 3 ffio 09 Sot 6 OR 1329 PG 1460 paW 1441, Public fucvxde of Ooidaac Caeety. fl� AM W"hn Ou addfe at Crmpety Address'): 4719 25wa Aved Yesi Florida 94116 hdnsslgn She dolt 2. Taxes. damn. The MMM kid wbaeoevc wa mtlV6n9 aeMmtl (1) an fuesemend "AlgemdeMeree Mali, prompty after 0. muted in. and odpra M tare. amerce dlMe2wt ywee ey tenser Men be applietl; firer is BmK atbOot" to the Property which may Y yen prompay hrneth m tanderall urine Bonoeer. (a) agteec inwdln9N nye tw aria, mduling Mods or ModY.1, for when 1.& e x petWCs Bret Landerndures. Tho lee ' ne' paltr it which shall net be uusawnably wwM.W. ifeorMaet fNk10 sago to prctxUMskis rights M Sm Prapellf a aemrdande ndnt,ln h%a'aK9 with mVve %to the Prcmiaes e9eent such amb" tlee sad peyellle, en premham h raepemAaem. ,T xMhe IXiWarsiesmtded .n umd mer m M imam nd les tree va m6 reowarnent Mak lett100 a seMNd morrow da". Lender Marti him anh unci Lmlor. Lend" n ay male 0000062n N M made 1�ty b Ml Leese �.11111a eeLY:ion or wapalr k nm�� OnW Mss W .,Diad to the suite rccured by ma Sevdly aworabaridwns the Isrepoy. den Ml Mawerwhnin 30 deye h lefty Inuuymliodden V Pot tWOaede.Lader Pause a ainwilbunm, 00054ar,r Of =bedlnce . The 304" Pants ae mwri4rg,aMap06Calim drae6ds t0 plfund lMelnal and G,ee�M ¢esWfiw hom dare e�dm P,W M' P601 WDh owiy lmbwadat icy Prean are epjul - sWoW $LOMAPdiaP,n,lNeMolda, Bonmwrahen � sbay days aPeree eytn6dn dei. SM++ab In6trumen[ and nUnI year KWtkg detennita- "M which a r eerie& edemn8to o"lo ota. or emankh arc eeyend ,pen APmPenymb egunar orcamm�weate4r nn hV par d+areted oyt bbegunthatin mvtof Lend rs She am created by mhi Seon,tY InsW mol Or lendeTe eeam'ty OR 4692 PG 478 Judgment could result in forfeiture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate, as provided in paragraph l8, by musing the action of proceeding to be dismissed with a ruling that, in Lenders good faith determination, precludes forfeiture of the Borrowers Interest in the Property or other material impairment of the lien created by this Security Instrument or 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 Win any material Information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold. Borrower shall comply with all the provision of the lease, If Bonawer 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 [his Security Instrument, or there Is a legal proceeding that may significantly affect Landers 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 ofthe 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 stiomeys' fees and entering on the Property to make repalm. 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 insumnce 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 ofmortgage Insurance. Loss reserve payments may no longer be required, at the option ofLender, if mortgage insurance, coverage (In the amount and for the period that Lender requires) provided by an Insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage Insurance In effect, or to provide a loss reserve, until the requirement for mortgage Insurance ends In accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or Its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the Inspection. 10. Condemnation. The proceeds of any award or claim for damages, director consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance In lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be led-toss secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, in the event of a partial,kir e�df11Qe tt rah the fair market value of the Property immediately before the taking is equal to or greater than the am ou Nh ft secure q a rity Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, theey� u�, ecured by this SecunI �p� ant shall be reduced by the amount of the proceeds multiplied by the following traction: (a) the total arp6 sums secured immediatdS,b -the taking, divided by (b) the fair market value of the Property Immediately before the taking.. y baJ444444rtcashaitbp paid to Bonawer ii the $vent of a pallial taking of the Property In which the fair market value or the Property Immediate )y be/trine ihu�akring ts'icYlha a amou of Irl@ sums secured Immetlialeiy for the taking, unless eonower and Lender otherwise agree' wit ng or unles pit Is law theorise roviBaes,theproceeds shall be applied to the sums secured by this Security Instrument whether not u �{IG end ntl mower otherwise agree in writing,any application ofproceeds to principal shall not xten or and no in d a of mL 1 pay ants referred to In paragraphs 1 or change the amount of such payments. QQ@@)) 11. Borrower Not Released,Forb �r a� dgl�pt� r. as time for payment or modification of amodizalian of the sums secured 6y this Sec ifl simmeni grant ed by Len {o an sur ss rim Interest of Borrower shall not operate to release the fabililyafthe original Borioweror orrl; aessuccessominmtee s Len errgg all l be required to commence proceedings against any successor in interest or refuse to a -dW are payment ar orae a d'(y of mzation of the sums secured by this Security Instrument by reason of any demand made by in I I Borrower or Bortowa s u a In interest. Any forbearance by Lender in exercising any right or remedy shall not be a waive f(p ar On the exorcise of Ggh r remedy. 12. Successors and Assigns Bound; Jof 3 ill vent LIabIIS era. The covenants and agreements oflhis Security Instrument shall bind and benefit the successors and as igQut er�aan subject to the Provisions of paragraph 17. Borrowers covenants and agreeTnan hdlfb in and several. Any Borrower who co-signs this Security Instmmenl but does not execute the Note; (a) is co-signing this Security Insbamenl 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 of this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. If the loan secured by this Security lnstmment is subject to a law which sets maximum loan charges, and that law is finally Interpreted so that the Interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. [is 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 malting 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 govemed 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 con8lcts 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 and the provisions of this Security Instrument and the Nate are declared to be severable. 16. Borrowers Copy, Borrower shall be given one conformed copy of the Note and of this Security Ins Wment. 17. Transfer of the Property ora Beneficial Interest in Borrower. [fell crony pad of the Property cr 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 parson) without Lenders prior wrMen 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 Burrower must pay all sums secured by this Security Instrument. If Bonawer 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. Sonoweee Rightto 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 affording this Security lnstmment. Those conditions am that Borrower.(a) pays Lender all sums which than 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; (e) pays all expenses Incurred in enforcing this Security Instrument, Including, but not failed to, reasonable attorneys fees; and (d) lakes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights In the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the was of acceleration under paragraph 17. 19. Sale of Nota; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument)may be sold one or more groes 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 *** OR 4692 PG 479 *** paragraph 14 and applicable law. The notice will stale 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. Boma", 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 preaches, use. or storage on the Property eternal quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation. claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower teams, or is notified by any 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 Borowees 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. Thenoticeshall further Inform Borrower of the fight to reinstate ager 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 Ilmited to, reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shell pay any recordation costs. 23. Attomays' Fees. As used in this Security Instrument and the Note, "affameys' fees" shall include any affo neys' fees awarded by an appellate court. 24. Rlders to this Security Instrument [tons or Instrument, the covenants and agreements of each such ride agreements of this Security Instrument as If the ridet(s) were ❑ Adjustable Rate Rider ❑ Rate ❑ Graduated Payment Rider ❑ 1-4 F ❑ Balloon Rider ❑ Siwe ❑ Other(s) (specify / SIGNING BELOW, Borrower accepts and by Borrower and recorded with it. Signed, sealed and delivered in the press Witness#2: o Signature_/( f STATE OF FLORIDA COUNTY OF COLLIER are executed by Borrower and recorded together with this Security mrporated Into and shall amend and supplement the covenants and sSeeudty Instrument. (Check Applicable Box) - veld Condominium Rider \, \ �e-ad Home Rider IJ Pian! Unit Development Rider Instrument and in any riders) executed Address: 4718 2S`s Ave Naples, Florida 34116 I hereby certify that on this day, before me, an officer duly authorized In the state aforesaid and in the county aforesaid to take �ADUY, LIC.. acknowledgements, personally appeared Humberto Aeraandeztome knowAo be the person(s)described in and who executed the foregoing Instrument and acknowledged before me that (He/ shat they) executed the same for the purpose therein expressed, WITNESS my hand and official seal In the County and State aforesaid this 3 day of TdAJ1 2011. My Commission Expires: (Seal) Notary s Signature Notays Printed Name SHIP Filet: 09-366 Prepared by: Collier County Housing, Human & Veterans Department 3339 E. Tamiami Trail, Bldg H, Suite 211 Naples, FL 34112 THIS SECOND MORTGAGE ('Socurily Instrument') is given on Matibo, 2003 The Second Mortgagor Is: Cade Jean-Louis, A Single Person ('Borrower'). This Security Instrument is given to Collier County ('Lwds r'), which is organized and existing under the laws of the United States of America, and whose address is 3050 North Rorooehoc Drive, 0273, Nwplee, Florida 34014 . Borrowor owes Lender the sum of Five Thousand and No/100tho Dollaro(U.&S 5,000.00 ). 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. it not paid eadier, due and payable on sale of grlsarty, refinance, or love of lecasRe ed anamDticn . This Security Instrument securoa to Lender, (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and mcdllications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the Security of the Security Inslmmeni; and (c) the performance of Borrower's covenants and agreements under this Security instrument and the Nolo. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the ldlowing described property located In Collier County, Florida. As more particularly described as Lot 39, Block A, Habitat Village, Coiner County, Florida and which has the address of: ('Property Address'): 12199 Fuller Lana, Naples, Florida 34113 TOGETHER WITH all the improvements now or hereafter erected on the property, and ell easements, nghls, appurtenances. rents, royalties, mineral, oil and gas rights and profits, water rights and stock end all fixtures now or hereafter a pad of the property. All replacements and additions shall also be covered by the Security Instumenl. All of the foregoing Is refoned to in this Security Instrument as the'Pmperty'. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convoy the Property and that the Property Is unencumbered, except for encumbrances of record. Bormwerwamants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unilonn covenants for national use and non-uniform covenants with limited venation by jurisdiction to constitute a uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as lolfows: 1. Payment of Principal and Interest; Prepayment end Leto Charges. Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note. i -- 2. Taxes, The Mortgagor will pay all taxes, a;seysrr)e(t] Zsa e(tjPa meter rates prion to the Accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be lace4or which may at any time be IawlyyI 'service charges', incurred or fmpos 8 feaemonfa or anter 9ovammanial ch7.ig 3. Application of Payments, U. Interest due; and, to principal due; and last 4. Chergerp l.lane, Bonower st allaln priority over this Security Instrument, notices of amounts to be paid under this pe Borrower shall promptly discherg It) all (axes and governmental charges of any le Property, (2) all uktity and other charges, upkeep and improvement of the Property, and f ponod of years, tyro Mortgagor shall be be paid during the term of the Mortgage, and be applied: lint. to prfoslllons attributable to the Property which may I Itrowar shall promptly lumish to Lender all bment unless Borrower (a) agrees in writing to the payment of the obligation secured by the IlarrTT��ryra'ril Hoer coo table to lerldef',�((0) lasts in Bead faith the lien by, or defends against enforcement of the Ilan in, legal prxoedings whicil•l,, tlera opinion opergldgs ✓nt the enforcement of the lion; or (c) secures from the holder of the lien an agreement sallsfeClory to Len�ei 811naling lIn9 q'�1,11 l ocunty Instrument. 0 Lender determines that any pen S he Property ie subject to a lien which may attain pdonryyei ti -_ 01,, Dia m nt, Lender may give Boner a notice identifying the lien. RI shall smlely the lien or lake one or more of the actiontae(-Io A -abs within 10 days of the giving of notice. 11 C S. Hasord or Property Insurance. Borrower shall keep the Improvements now extsang or hereafter erected on the Property Insured Inst loss by lure, hazards Included within the term'extended coverage' end any other hazards, including floods or flooding, for which Lender ulres Insurance. This insurance shall be maintained in the amounts and for the periods that Lander requires. The Insurance carder yy Imo rlding the Insurance shall be chosen by Borrower subject to Londer's approval which shall not be unreasonably withheld. 11 Borrower falls to —1 Maintain coverage described above, Lender may, at Londoes 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 p rz deka and for such amounts as aro customarily Insured against and pay, as the same become due and payable, all premiums In respect thereto, Wy Including, but not limited to, albnek insurance prolecting the Interests of the Mortgagor and Mortgages against loss or damage to the Premises C by 1110, Ilghlning, and other casualties cuslom8aly Insured against (Inclu llrg baler w0won, on, ff appropriate), with a uniform standard extended coverage encersemeni, Including debris removal coverage. Such Insurance at all times to be in an amount not less than the lull replacement cost of the Promises, exclusive of feelings and foundations. CT All Insurance policies and renewals shall be acceptable to Lender and shall Include a slandanl mortgage clause. Lendershall have �m the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid prerniums and renewal nolltes. In the event of loss, Borrower shall give prompt notice to the Insurance tender and Larder. Lender may make proof of loss it not made promplly by Borrower. Unless Lender and Borrower otherwlse agree in writing, insurance proceeds shall be applied to restoration or repair of IM Property damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economloally feasible or Londols security would be les sense, 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. 11 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. Lander 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 arid Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due data of the monthly payments refemed to in paragraph 1 of change the amount of the payments. If under paragraph 21 the Property Is acquired by Lander, Borrows es right to any Insurance policies and proceeds resulting from damage to the Property prior to rho acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. S. Occupancy, Prearvallon, Melntenance and Protection of the PrM»fM Bomower'e Lan Application, Laseeho w Borrower shell occupy, establish, and use the Property as Bormwees principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Sorrows re principal residence for at least we 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 em beyond Borrowers control. Borrower shall not dearmy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be In default It any lodefture action or processing, whether civil or criminal, is begun that in Lenders good laith judgment could result In for sture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lenders security Interest. Borrower may cum 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 Borrowers interest in the Property or other m penal Impairment of the lien created by this Security Instrument or Lendars security Interest. Borrower shell also be in delauh II Borrower, during the loan application process, gave materially false or Inaccurate Inlormallon or statements to Lender (of failed to provide Lender with any material Information) In connection with the Joan evidenced by the Note, including, but nor limited to, representations concerning Borrowers occupancy of the Property a$ a principal residence. II this Security Instrument Is on a leasehold, Borrower shall comply with all the proNslon of the lease. 11 Borrower acquires fee title to the Property, the leasehold and the los Its shall not merge unless Lender agrees to the merger in writing. s�' Reta: 3196981 OR; 3308 PG; 2517 OBLD 5fl0.40 LANSIRS 4171,1 INSDRANCI CORP 11COR410 In line OFFICIAL RICORDS of COLLAR COBNTI, PL OBLt 5000.04 PICK OP 01/0/I003 at 10:50AN 111110111 1. BROCK, CLIRI RIC tit 15100 S INCOND NORTGAO6 00C•.05 17.50 THIS SECOND MORTGAGE ('Socurily Instrument') is given on Matibo, 2003 The Second Mortgagor Is: Cade Jean-Louis, A Single Person ('Borrower'). This Security Instrument is given to Collier County ('Lwds r'), which is organized and existing under the laws of the United States of America, and whose address is 3050 North Rorooehoc Drive, 0273, Nwplee, Florida 34014 . Borrowor owes Lender the sum of Five Thousand and No/100tho Dollaro(U.&S 5,000.00 ). 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. it not paid eadier, due and payable on sale of grlsarty, refinance, or love of lecasRe ed anamDticn . This Security Instrument securoa to Lender, (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and mcdllications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the Security of the Security Inslmmeni; and (c) the performance of Borrower's covenants and agreements under this Security instrument and the Nolo. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the ldlowing described property located In Collier County, Florida. As more particularly described as Lot 39, Block A, Habitat Village, Coiner County, Florida and which has the address of: ('Property Address'): 12199 Fuller Lana, Naples, Florida 34113 TOGETHER WITH all the improvements now or hereafter erected on the property, and ell easements, nghls, appurtenances. rents, royalties, mineral, oil and gas rights and profits, water rights and stock end all fixtures now or hereafter a pad of the property. All replacements and additions shall also be covered by the Security Instumenl. All of the foregoing Is refoned to in this Security Instrument as the'Pmperty'. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convoy the Property and that the Property Is unencumbered, except for encumbrances of record. Bormwerwamants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unilonn covenants for national use and non-uniform covenants with limited venation by jurisdiction to constitute a uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as lolfows: 1. Payment of Principal and Interest; Prepayment end Leto Charges. Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note. i -- 2. Taxes, The Mortgagor will pay all taxes, a;seysrr)e(t] Zsa e(tjPa meter rates prion to the Accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be lace4or which may at any time be IawlyyI 'service charges', incurred or fmpos 8 feaemonfa or anter 9ovammanial ch7.ig 3. Application of Payments, U. Interest due; and, to principal due; and last 4. Chergerp l.lane, Bonower st allaln priority over this Security Instrument, notices of amounts to be paid under this pe Borrower shall promptly discherg It) all (axes and governmental charges of any le Property, (2) all uktity and other charges, upkeep and improvement of the Property, and f ponod of years, tyro Mortgagor shall be be paid during the term of the Mortgage, and be applied: lint. to prfoslllons attributable to the Property which may I Itrowar shall promptly lumish to Lender all bment unless Borrower (a) agrees in writing to the payment of the obligation secured by the IlarrTT��ryra'ril Hoer coo table to lerldef',�((0) lasts in Bead faith the lien by, or defends against enforcement of the Ilan in, legal prxoedings whicil•l,, tlera opinion opergldgs ✓nt the enforcement of the lion; or (c) secures from the holder of the lien an agreement sallsfeClory to Len�ei 811naling lIn9 q'�1,11 l ocunty Instrument. 0 Lender determines that any pen S he Property ie subject to a lien which may attain pdonryyei ti -_ 01,, Dia m nt, Lender may give Boner a notice identifying the lien. RI shall smlely the lien or lake one or more of the actiontae(-Io A -abs within 10 days of the giving of notice. 11 C S. Hasord or Property Insurance. Borrower shall keep the Improvements now extsang or hereafter erected on the Property Insured Inst loss by lure, hazards Included within the term'extended coverage' end any other hazards, including floods or flooding, for which Lender ulres Insurance. This insurance shall be maintained in the amounts and for the periods that Lander requires. The Insurance carder yy Imo rlding the Insurance shall be chosen by Borrower subject to Londer's approval which shall not be unreasonably withheld. 11 Borrower falls to —1 Maintain coverage described above, Lender may, at Londoes 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 p rz deka and for such amounts as aro customarily Insured against and pay, as the same become due and payable, all premiums In respect thereto, Wy Including, but not limited to, albnek insurance prolecting the Interests of the Mortgagor and Mortgages against loss or damage to the Premises C by 1110, Ilghlning, and other casualties cuslom8aly Insured against (Inclu llrg baler w0won, on, ff appropriate), with a uniform standard extended coverage encersemeni, Including debris removal coverage. Such Insurance at all times to be in an amount not less than the lull replacement cost of the Promises, exclusive of feelings and foundations. CT All Insurance policies and renewals shall be acceptable to Lender and shall Include a slandanl mortgage clause. Lendershall have �m the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid prerniums and renewal nolltes. In the event of loss, Borrower shall give prompt notice to the Insurance tender and Larder. Lender may make proof of loss it not made promplly by Borrower. Unless Lender and Borrower otherwlse agree in writing, insurance proceeds shall be applied to restoration or repair of IM Property damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economloally feasible or Londols security would be les sense, 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. 11 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. Lander 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 arid Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due data of the monthly payments refemed to in paragraph 1 of change the amount of the payments. If under paragraph 21 the Property Is acquired by Lander, Borrows es right to any Insurance policies and proceeds resulting from damage to the Property prior to rho acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. S. Occupancy, Prearvallon, Melntenance and Protection of the PrM»fM Bomower'e Lan Application, Laseeho w Borrower shell occupy, establish, and use the Property as Bormwees principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Sorrows re principal residence for at least we 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 em beyond Borrowers control. Borrower shall not dearmy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be In default It any lodefture action or processing, whether civil or criminal, is begun that in Lenders good laith judgment could result In for sture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lenders security Interest. Borrower may cum 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 Borrowers interest in the Property or other m penal Impairment of the lien created by this Security Instrument or Lendars security Interest. Borrower shell also be in delauh II Borrower, during the loan application process, gave materially false or Inaccurate Inlormallon or statements to Lender (of failed to provide Lender with any material Information) In connection with the Joan evidenced by the Note, including, but nor limited to, representations concerning Borrowers occupancy of the Property a$ a principal residence. II this Security Instrument Is on a leasehold, Borrower shall comply with all the proNslon of the lease. 11 Borrower acquires fee title to the Property, the leasehold and the los Its shall not merge unless Lender agrees to the merger in writing. s�' OR; 3308 PG; 2518 7. Prottectlot) 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 Lenders rights In the Property (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), than Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Landers actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' loss and entering on the Property to make repairs. Although Lender may take action under Ibis paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shell 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 disbumomenl at the Nate rale and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. It Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay (he premiums required to maintain the mortgage Insurance in effect. II, lot 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 off ecl, 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. it substantially equivalent mortgage insurance coverage Is not available. Borrower shall pay to Lender each month a sum equal to one -twelfth of the yeady mortgage insurance premium being paid by Bonowerwhan the insurance coverage lapsed or ceased to be in allwl. Lender will accept, use and retain those payments as a loss reserve In lieu of mortgage Insurance. Loss reserve payments may no longer be required, at the option of Lender, it 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 elfecl, 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. g. Inspection, Lender or Its agent may make reasonable entries upon and Inspections of the Property. Lender shell give Borrower notice at the time of or prior to an inspection specllying reasonable cause for the inspection, 10. Condemnation. The procoods of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any pan of the Property, or for conveyance In lieu of condemnation. are hereby assigned and shall be pad to Lender. In the event of a total laking of the Properly, the proceeds shall be applied to the sums secured by this Security Instrument, whether or net then due, with any excess paid to Borrower, In the event of a partial laking of the Property, in which the fair market value of the Property immediately balers the taking Is equal to or greater then 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 traction: (a) the total amount of the sums secured Immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower, In the event of a partial taking of the Property In which the lair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due data of the monthly payments referred to in paragraphs i or change the amount of such payments. 11. Borrower Not Released, Porbeerenca By Leder s�{eiwr._Extansion of the time for payment or modification of amortization of the sums secured by this Security Insburyent gr@rj�,e�.Leti��Ii 'Lnnnyyy successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrow vis {{uy'C��ssor5 tnilenest tyh hall not be requited to commence proceedings against any successor In interest or refuse to aide lir Jo(peyment or olherwiw� o�f • Mort Zoltan of the sums secured by this Secunty Instrument by reason of any demand made by Ih or{gf9dl Borrower or Barrowera su ass in interest. Any forbearance by Lender in exercising any right or comedy shall not be a w (ver oYotpreclude(he exemisgof any n 1 or emedy. 12. Successnro and Assigns Bou I J4 nt ad'd rel LIa61tl do -&line covenants and agreements of this Security Instrument shall bind and tell the success is a it esti sol Qn er ng�o er b i 11 the Provislons of paragraph 17. Borrowera cove ant fi lig m nl@@�SIf�qtit "n 5 rpt. A y Borrower who co-signs this Security Instrument but dose not execute the Note: (a i ming aquril i yr o0pon liegreen end convey Iha1 Barrowar'sInst imam:in the Properly under the terms of this Secun y ni' J I I n$$QQI IgA abll ofdd to Imy, a sums secured by this Security Inslmmenhantl (c) agrees that Lender dna any other Bo w I , to to We r, ll4pkr} any accommodations with regard to the femme of this Security Inslmmenl or the Note withou at orrowees consent, �d4// 13. Lan Charges, It the loan socu jr this Security Instrument K bl t t�' ,a which sets maximum loan charges, and that law Is finally interpreted so that the interest or o (I n cheryes collected or t'd• 1 ti tl JJ connection with the loan exceed the permitted limits, then: (a) any such [loan charge shall be redI�c'$d - the amount necessary to V ogle charge to the permitted limit: and (b) any sums already collected from Borrower which exceeded pamtllij li lis will be refunded-t¢q UpWar. Lender may choose to make this refund by reducing the principal owed under the Note or by makV1rg99e�tll r ymem-torrown'QQv�j� I a refund mamas principal. the reduction will be treated as a partial prepayment without any prepayment ljifr it ypl�:-�; 14. Notices. Any notice to Borrower provided for iolhllhie-Secunly Insfirumenl shall be given by delivering II or by mailing it by first class mall unless applicable law required use of another method. The nonce shall be directed to rte Property Address or any other addross Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lander when given as provided in this pamgmph. 18, Governing Law; Ssvarabiilty. This Security Instrument shall be govemad by federal law and the law of the Jurisdiction in which the Property Is locn(ed. 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 affect without the conllklfng provision. To this end the provisions of this Security Instrument end the Note are declared to be severable. 16, Borrower's Copy. Borrower shall be given are contained copy at the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial interest In Borrower. It all or any part of the Property or any interest in it is sold or transferred (or He beneficial Interest In Borrower is sold or transferred and Borrower is not a natural poison) without Lenders prior written consent, Lander may, at Its option, require immediate payment in lull of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If exemise Is prohibited by federal low as of the date of this Smutty Instrument. It Lender exercised this option, Lender shall give Borrower wilco of acceleration. The notice shall provide a period of net less than 30 days Irom 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 pormined by this Security Instrument without fanner 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 Inelmmenl discontinued of any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale at the Property pursuant to any power of sale contained In this Security Instrumom; or (b) entry of a Judgment enforcing this Security Instrument. Those conditions ere that Borrower: (a) pays Lender all sums which than would be due under this Security Instrument and the Note as it no acceleration hod Occurred; (b) curs$ and default of any other covenants or agreements; (c) pays all expanses Incurred In enloming this Security Instrument, Including, but not limited to, reasonable attorney's fees; and (d) takes such action as lender may marioably require to assure that the lien of Inds Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borm"r, this Bali instrument and the obligations secured hereby shall remain fully elleelive as if no acceleration had occurred. However, this right to reinstate shall not apply In the case of accalaratlon under paragraph 17. 19. Sala of Note; Change of Lan Servicer. The Note or a partial interest in the Note (together with this Security Iatrumi nt may be sold one at more limes 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 rtom charges of the Lan Servicer unrelated to a Bele of the Note. If there is a charge 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 now 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 hot cause or pemnit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Properly. Borrower shall not do, nor allow anyone aloe to do, anything affecting the Property that is in vitiation of any Environmental Law. The preceding two senlences shall not apply to to presence, use, or storage on the Property of smell ganbties d Hazardous Substances that ere 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 go"trum mal or regulatory agency or private party Involving the Property and any Hone meas 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 remedletion of any M OR: 3308 PG: 2519 *** Hazardous Substance allecting the Property is necessary. Borrower shall promptly lake all necessary remedial actions in accordance with Environmenla(Law, As used In this paragraph 20, 'Hazardous Substances' are those substances defined as Ionic 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,'Environmenlel Law' means ledorel laws and laws of the jurisdiction where the Property is loceled that ralofe to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers 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 Secudiy Instrument, foreclosure by judicial proceeding and sale of the Property. Tina notice shall further inform Borrower of the right to reinstate alter acceleration and the right to eased in the foreclosure proceeding the non-existence of a default or any other defense of Burrower to acceleration and foreclosure. If the clataufi is WI CUM dt or before the date Specllle l in the notice. Lender, of its option, may require Immediate payment in full of all sums secured by this Security Instrument without further demand end 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 allomey's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Secuniy Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used In this Security Instrument and the Note,'allomeys' iees' shell include any aaomeys' fees awarded by an appellate Count, 24, Riders to this Security Instrument. If one or more dders 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 it the rider(S) ware a pad of this Security Instmmenl. (Check Applicable Box) EJ[JAdjustable Rale Rider ❑ Rete Improvement Rider ElCondominium Rider r—J tGraduated Payment Rider ❑ 1.4 Family Riderf--� E3Second Home Rider ❑ Balloon Rider ElBiweekly Payment Rider U Planned Unit Development Rider Olhor(s) (specify SIGNING BELOW, Borrower accepts and agrees to the lams and covenants contained In this Security Instrument and in any ndens) executed by Borrower and recorded with IL Signed, sealeddaand dolly red In the pr ce of: Witnessill ??R.[—, //Ti 9lgnalurg✓v i Wfinesss2: Slgnalure:____ STATE OF FLORIDA, COUNTY OF ///C I hereby Caddy that on this day, before acknowledgements, personally appeared Code, Ladle resold and In the cwnty aforesaid to take doscribed in and who executed the foregoing Instrument and acknowledged before me that (He/ shed they) executed the same for Ih Urpese lhomm expressed. WITNESS my hand and official seal in the County and St this day of My Commission Expires: A,4w1i otary Public's Slgnature (Seel) L IOANNE I VARNRR Notary's Printed Nemo UN9IELYMf6j{ 4y0.4S,�py/CCW7dl �VwNS:AAV Dt w sxr Filch; 03.197 FAl iJi W TI l LE t.,. -... . 9310 N. Armenia Avenue Tama, Florida 33612 �f,LL�CD'�61 G�dB SECOND 4248591 OR: 4418 PG: 2855 RACORDBD in OFFICIAL RECORDS Of COLLIER CODNTT, PL 01/07/2009 at 02:13PK OVIGBT 1. BROC1, Call OBLD 4170.00 OBLI 4170,00 RAC FEE 44.00 MORTGAGEREtO; DOC -135 14,70 FAIRVIEW TITLE CO 9310 N ARMENIA AVE TAMPA EL 33612 THIS SECOND MORTGAGE ("Security Instrument") is given on , 2008. The Second Mortgagor is: Jorge L. Reyes and Iris M. Reyes, a married couple ("Borrower'). This Security Instrument Is given to Collier County ("Lender"), which is organized and existing under the laws of the United Slates of America, and whose address is 3301 X. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Four Thousand One Hundred Seventy and 00/100 Dollars ($4,170.00). 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 honlestaed a emotion . 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 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, Unit 6, PT 1, BLK 20B, LOT 14, Collier County, Florida and which has the address of: ("Property Address"): 5380 25th Ave ON, Naples, FL 34116 TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower Is lawfully seized of the estate hereby Conveyed and has the right to mortgage, grant and Convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title 10 the Property against all claims and demands, subo'Pt4 a umb[I!nces of record. THIS SECURITY INSTRUMENT Combines ani rrp Jp ol[yr9 fa I- se and non-uniform Covenants with limited variation by Jurisdiction to Constitute a uniform security inslrumen r d ea rope gy� UNIFORM COVENANTS. Borrowerand n venantandares as to 1. Payment of Principal and Interest• ment and Late Charges. now shall promptly pay when due the principal of and interest on the debt evidenced by the Note.�—t_ 2. Taxes. The Mortgagor will pay at laze , asAesa. nmg ts, sewer re t or wale 1 prior to the accrual of any Penalties or interest thereon. 5./ -- The Mortgagor shall pay or cause 1 be 16,x' s m il e PWm`� tl e, ( $1) all taxes and governmental charges of any kind whatsoever which may at any lime be la all �as as o lav i T v%rht p ( to he Property, (2) all utility and other charges, including "service charges", incurred or impo ed f- ih o @ti n,n ce, ucu no upkeep and Improvement of the Property, and (3) all assessments or other governmental c rg he fa a n Instal m t v a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause t paid only such inslalime as err req I o be paid during the lens of the Mortgage, and shall, promptly after the payment of any of the 4 ing, forward (o Mortgag vide ce psu payment. 3. Application of Payments. UnleIS a 1 ble law provides oche 1 y is received by Lender shall be applied; first, to Interest due; and, to principal due; antl last, to an I e ages due under the Not . 4. Charges; Llens. Borrower shall pay I t ssessments, chart jr&V d impositions attributable to the Property which may attain priority over this Security Instrument, and lease f y/�cnis.ofymen {ept�, i any. Borrower shall promptly famish to Lender all noilces of amounts to be paid under this paragraph, and It.L%�9i$'�v``de�y�q th aymenls. Borrower shall promptly discharge any lien which h -pri ty , a his ecurity Instrument unless Borrower: (a) agrees in wiling to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) conlests 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 of the Properly is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice Identifying the lien. Borrower shall salisfy 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 an 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 insurancocarrier 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 limes 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 wiling, 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 nonce from Lender that the insurance Carrier has offered to softie 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 dale of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Properly 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 Borrowers principal residence within sixty days after the execution of this Security Instrument and shalt 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 Properly 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 Properly or otherwise materially Impair the lien created by this Security Instrument or Lenders security OR: 4418 PG: 2856 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 Borrowers 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 N 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 Bonowers occupancy of the Properly 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 (he merger in writing, 7. Protection of Lenders 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 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 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 lake action under this paragraph 7. Lender does not have to do so. Any amounts disbursed by Lender under (his 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 rale and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment. 6. 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-twel th 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 (hat 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 Balm 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 avant of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not (hen due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise agree In writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the laking, divided by (b) the fair market value of the Property immediately before the taking. Any balance sjjj���all iry¢l�o rim ar. In the event of a partial taking of the Property In which the fair market value of the Property Immediately before iy�s3-lttad unt of the sums secured immediately for the laking, unless Borrower and Lender otherv,ise agree in wrilin ri+psl$$a p able atyoj rq� rovides, the proceeds shall be applied to the sums secured by this Security InsW mens whether or not u are then due. Unless Lia er d Borrower otherwise agree in writing, any application or proceeds to principal shall not axle o sipone the due date of them Ihly yments referred to in paragraphs i or change the amount of such payments. 11. Borrower Not Released, Forbe rant BytLtemde Not Wal. r. Extensio of 1 e time for payment or modification of amortization of the sums secured by this Secu ity I t g g by de� an su ease In interest of Borrower shall not operate to release the liability of the original Borrower or on r o I I t. n r II no be required to commence proceedings against an successor in Interest or refuse to Me tl a (or a m t r i e a rf often of the sums secured by this Security In Y P Instrument by reason of any demand made b t(1 'gi al p er or ars s c so sfiryi rarest Any forbearance by Lender in exercising any right or remedy shall not be a ry o o ecl eA ret of a ighi r edy. 12. Successors and Assigns Bou nt and Several Llablll o -Sl nor . - covenants and agreements of this Security Instrument shall bind and benefit the successor n signs of Lender and Bp er su til- the Provisions of paragraph 17. Borrowers covenan grcemenls shall be Joi d s e 11 Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is tri this Security Insirumont y�to.�n rtgage, grant and convey that Borrowers interest in the Property under the terms of this Security Ins h b},is not personally o ii tbd j pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower ma� )p,ezienq-motlY,h1'bfS%e (or make any accommodations with regard to the terms of this Security Instrument or the Note without that 13. Loan Charges. If the loan secured um loan charges, and that I" 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, than: (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 Gass 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 shall be given to Borrower or Lender when given as provided In this paragraph. 15. Governing Law; Severabll lty. 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 connote with applicable lax, 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 parson) without Lenders prior written consent, Lender may, at Its option, require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise Is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 16, 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 lax 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 duo under this Securtty, 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) lakes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest In the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the charge 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. OR: 4418 PG: 2857 20. az Hardous 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 Properly. 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 remediatlon 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 othervAse). 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 Bomcwer, 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 specltied in the notice. Lender, at its option, may require immediate payment In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used in this Security Instrument and the Note, "aftorneys' foes" shall include any allomeys' fees awarded by an appellate court. 24. Rlders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Rate improvement Rider ❑ Graduated Payment Rider ❑ 1-4 Family Rider ❑ Balloon Rider ❑ Biweekly Payment Rider ❑ Other(s)(specify SIGNING BELOW, Borrower accepts and agrees h�l�sid i by Borrower and recorded with it. Signed, sgaled,and delivered in thepresence t: rt"" Co - EJ Condominium Rider ❑ Second Home Rider ❑ Planned Unit Development Rider Security Instrument and in any dder(s) executed �YAddr�"i390 25pD Avenue, SW Naples, Florida 34116 STATE OF FLORIDA COUNTY OF u()U�ti I hereby certify that on this day, before me, an officer duty authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Jorge L Reyes and Iris M. Reyes to me known to be the persorKs) described in and who executed the 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 Stat aforesaid this 't0 day of 20_q . My Commission Expires: r Notary Public's Signa urs Seal ( I NATALELANDERSON MYCOMM481ON ODD472968 lT�fi +1 EXPIRES: October t8, 2009 '3an°"@ BmW ilvuailet Neery Seebr File#: 09-069 Noterys Printed Name SHIP PAYOFF �BS Elemen4 Cost Ne OA5(elemeq(Rame V Docum Pdslitfg p8le Raf : � Docume9f 33467.1 369600 GRANT PROGRAM INCOME -5,000.00 CHS 2/27/2017 100859761 SHIP PAYOFF HERNADEZ, HUMBERTO #09-366 33467.1 369600 GRANT PROGRAM INCOME -3,000.00 CHS 2/27/2017 100859761 SHIP PAYOFF ALMENDAREZ, ROBERTO & ROBLES, NILSA 33467.1 369600 GRANT PROGRAM INCOME -5000.00 CHS 3/2/2017 100860671 SHIP PAYOFF CARL JEAN -LOUIS #03-197 33467.1 369600 -13,000.00 SHIP 2013