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Agenda 07/11/2017 Item #16D 407/11/2017 EXECUTIVE SUMMARY Recommendation to approve four (4) mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) loan program in the combined amount of $17,050.40. OBJECTIVE: To support the affordability of housing in Collier County through SHIP down payment, emergency repair, and rehabilitation assistance programs. CONSIDERATIONS: SHIP, a State affordable housing program, offers assistance to first-time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home, and rehabilitation assistance to homeowners for rehabilitation to their homesteaded property. As a condition of 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 were repaid in full. As such, satisfactions of mortgages are required. Ms. Taylor, Ms. Houck, Mr. and Mrs. Gutierrez, and Mr. Orta and Mrs. Garcia sold their properties. File # Name Security Instrument Mortgage Amount Payoff Amount Public Record 09-379 Jennifer A. Taylor SHIP DPCC Mortgage $3,000.00 $3,000.00 OR4696PG3220 00-144 Martha M. Houck SHIP DPCC Mortgage $5,000.00 $5,000.00 OR2649PG1629 00-139 Jose Gutierrez & Maria Gutierrez* SHIP DPCC Mortgage $2,500.00 $2,500.00 OR2622PG0051 04-011R Rogelio Orta & Rosa Garcia SHIP Owner Occupied Rehab Mortgage $6,550.40 $6,550.40 OR3471PG0718 TOTAL $17,050.40 $17,050.40 * Mr. and Mrs. Gutierrez repaid their loan in May 2003, and the satisfaction was not recorded. However, the funds were previously received and deposited. 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 $17,050.40 satisfies the mortgage amount due to the recapture provision as noted above and emergency rehabilitation funds expended. These repayments are considered program income. $2,500 was deposited in a previous SHIP Grant Fund 191, Project 33752 when the Fund (191) was active and the remaining $14,550.40 has been deposited in SHIP Grant Fund 791 , Project 33467. All funds may be reused for eligible SHIP activities. Two $10 recording fees will be paid by the homeowners. One $10 fee will be paid by the Heights Title Services account . One $10 fee will be paid by the SHIP administrative account Fund 791, Project 33467. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB 07/11/2017 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 Mortgage (4) 7.11.17 (PDF) 2. MORTGAGES (4) BCC 7.11.17 (PDF) 3. SAP backup $14,550.40 (PDF) 4. PRE-SAP PAYOFF BACKUP (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4 Doc ID: 3355 Item Summary: Recommendation to approve four (4) mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) loan program in the combined amount of $17,050.40. Meeting Date: 07/11/2017 Prepared by: Title: – Community & Human Services Name: Elizabeth Hernandez 06/15/2017 1:16 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 06/15/2017 1:16 PM Approved By: Review: Community & Human Services Kristi Sonntag Additional Reviewer Completed 06/15/2017 1:44 PM Community & Human Services Leslie Davis Additional Reviewer Completed 06/15/2017 2:54 PM Public Services Department Joshua Hammond Additional Reviewer Completed 06/16/2017 9:39 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 06/18/2017 10:23 PM Public Services Department Kimberley Grant Additional Reviewer Completed 06/26/2017 12:36 PM Public Services Department Sean Callahan Additional Reviewer Completed 06/27/2017 8:41 AM Public Services Department Len Price Level 1 Division Reviewer Skipped 06/27/2017 5:11 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/27/2017 5:15 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/28/2017 3:03 PM Grants Erica Robinson Level 2 Grants Review Completed 06/29/2017 11:14 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/29/2017 1:25 PM Grants Therese Stanley Additional Reviewer Completed 06/29/2017 4:10 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 11:01 AM Budget and Management Office Ed Finn Additional Reviewer Completed 07/02/2017 4:10 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 12:53 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM Prepared by: Elizabeth Hernandez Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Jennifer A. Taylor, a single woman to COLLIER COUNTY, dated 06/17/2011 and recorded on 06/30/2011 in Official Records Book 4696 Page 3220 of the Public Records of Collier County, Florida, securing a principal sum of $ 3100.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record, This Satisfaction of Mortgage was approved by the Board of County Commissioners on ATTEST: DWIGHT E. BROCK, CLERK an 2017, Agenda Item Number , DEPUTY CLERK Approval for form and legality: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Bv: Jennifer A. Belpedio Assistant County Attorney �\ CR Penny Taylor, CHAIRMAN Prepared by: Elizabeth Hernandez Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Martha M Houck to COLLIER COUNTY, dated 02/28/2000 and recorded on 03/09/2000 in Official Records Book 2649 Page 1629 of the Public Records of Collier County, Florida, securing a principal sum of $5.000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - 2017, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSK DWIGHT E, BROCK, CLERK OF COLLIER COUNTY, FLORIDA Lo By: DEPUTY CLERK Penny Taylor, CHAIRMAN Approval for form and legality: Jennifer A. Belpedio q Assistant County Attorney Prepared by: Elizabeth Hernandez Collier County Community and Human Services 3339 E. Tamiami Trail Naples, EL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Jose Gutierrez and Maria Gutierrez to COLLIER COUNTY, dated 12/15/1999 and recorded on 12/16/1999 in Official Records Book 2622 Page 0051 of the Public Records of Collier County, Florida, securing a principal sum of $2.500.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - 2017, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK , DEPUTY CLERIC Approval for form and legality: Jennifer A. Belpedio p Assistant County Attorney af/ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA La Penny Taylor, CHAIRMAN Prepared by: Elizabeth Hernandez Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Rogelio Orta & Rosa Garcia, husband & wife to COLLIER COUNTY, dated 11/19/2003 and recorded on 12/24/2003 in Official Records Book 3471 Page 0718 of the Public Records of Collier County, Florida, securing a principal sum of $6,550.40 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on 2017, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney NIC2 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA M Penny Taylor, CHAIRMAN INSTR 4580744 OR 4696 PG 3220 RECORDED 6/30/2011 3:29 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 OBLD $0.00 Oe LI $0.00 STATE ROUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SECOND MORTGAGE THIS SECOND MORTGAGE('Sewrily Instrument") is given on 01 dayof )15Ae ,2011. The Second Mortgagor is: Jennifer A. Taylor, a single woman ('Borrower). This Security Instrument is given to Collier County ("Lender), which is organized and existing under the laws of the United States of America, and whose address N 3339 E. Tamiami Trail, Naples, Florida 34112 . Borrowerowes Lender the sum of Three Thousand and 00/100 Dollars ($3.0()0.00). Thisdeblisevidencedby Borrowers Note dated the same date as this Security Instrument ("Second Mortgage"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on sale of property, refinance, or lose o£ homestead exemption . This Security Instrument secures (a Lender. (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (a) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second Mortgage, grant and convey to Lender the following described property located In Collier County, Florida. As more particularly described as Lot 14, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida and which has the address of: ("PropertyAddress"): 10283 Kingdom Court Naples Florida 34114 (Address) (City) (State) (zip) TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties,mineral, oil and gas rights and profits, water rights ops! sl dmli later new or hereafter a part of the property. All replacements and additions shall also be covered by the Security Inslru n I a ieregoSlx''1$ f Rod to in this Security Instrument as the'Propedy'. BORROWER COVENANTS that Borrower islI o€rT ithe es tate lf9 � aveyed and has the right to mortgage, grant and convey the Property and that the Property is unencuuA(Spe0 xce t for encumbrance f c d. Bortower warrants and will defend generally the till¢ to the Property against ell daims and dem rid , lett to any encumbrances o co jurisdiction to constitute a uniform security I UNIFORM COVENANTS. Barton 1. Payment of Principal and Int Interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay thereon. The Mortgagor shall pay or cause kind whatsoever which may at any time be Including'seMce charges'. incurred or [me covenants with limited variation by aptly pay when due the principal of and the accrual of any penalties or Interest taxes and governmental charges of any Ipedy, (2) all utility and other charges, qe and Improvement of the Property, and xl of years, the Mortgagor shall be Id during the term of the Mortgage, and 3. Interest due; and, Ito plon of rincpal due; and lost, to any late Chang. Q MllekN4N0 �a�menls received by Lender shall be applied; first, to 4. Charges; Liens. Borrower shall pay all taxes,assessments;Charges, fines and Impositions andbutable to the Property which may attain priority over this Security Instrument. and leasehold payments or ground rents, if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Bortower. (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 pad of the Property Is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice Identilying the lien. Borrower shall satisfy the lien or lake one or more of the actions set forth above within 10 days of the giving of notice. 6. Hazard or Property Insurance. Beacons shall keep the Improvements now existing or hereafter erected on the Property insured against lass by fire, hazards Included within the tam wextended 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 periods that Lender requires. The insurance canter 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 asks and for such amounts as are customadly 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 tire, lightning, and other casualties customadly Insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, Including debris removal coverage. Such Insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. At 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, Sommer shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Burrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of lass If not made Unless Lender and Borrower otherwise agree in writing, Insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lenders security Is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the Insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carder has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay 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 reremed to In paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any Insurance Policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument Immediately prior to the acquisition. 6, Occupancy, Preservation, Maintenance and Protection of the Property; Borrowers 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 dale 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. Sommer shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Bortower shall be In default if any forfeiture action or proceeding, whether chill or criminal, is begun that in Lenders good faith OR 4696 PG 3221 judgment could result in forfeiture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lenders security interest. Sommer 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 impalmdent of the lien created by this Security Instrument or Lenders security interest. Bortower shall also be in default If Sommer, 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 (he loan evidenced by the Note, Including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal mandates. If this Security Instrument Is on a leasehold, Sommer 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 Leader's Rights In the Property. If Borrower falls to perform the covenants and agreements contained In this Security Instmment, 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 take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under His paragraph? shall become additional debt of Borrower secured by this Security Instrument. Unless Bortower and Lender agree to other terms of payment, these amounts shall bear Interest from the dale at disbursement at the Note rata and shall be payable, with Interest, upon notice from Lender to Sommer requesting payment. R. Mortgage Insurance. If Lender required mortgage insurance as a condition Instrument, Borrower shall pay the premiums required to maintain the mortgage insuranm coverage required by Lender lapses or ceases to be in effect. Borrower shall am, the area previously in effect, from an alternate mortgage Insurer approved by Lender. available, Borrower shall pay to Lender each month a sum equal to one-hvelf Borrower when the insurance coverage lapsed or ceased to be in effect. Len In lieu ofmortgage insurance. Loss reserve payments may no longer be regi the amount and for the period that Lender requires) provided by an Insurer op Borrower shall pay the premiums required to maintain mortgage Insurance in mortgage Insurance ends in accordance with any written agreement between 9. Inspection. Lender or its agent may make reasonable entries notice at the time of or prior to an Inspection specifying reasonable cause for 10. Condemnation. The proceeds of any award or claim for dame or other laking of any part of the Properly, or for conveyance in lieu of conder event of a total taking of the Property, the proceeds shall be app[ db ih"u with any excess paid to Borrower. In the event of a partial Off g Or before the taking is equal to or greater Than the amountAYtI s s'ewm FI Borrower and Lender otherwise agree in writing, the d etl by this Se multiplied by the following fraction: (a) the total amp n e sums secured h e loan secured by this Security for any reason, the mortgage Insurance d to obtain coverage substantially to Borrower of the mortgage insurance t mortgage Insurance coverage Is not Insurance premium being paid by stain these payments as a foss reserve at the option of Lender, if mortgage Insurance coverage (in �d by Lender again becomes available and is obtained. or to pravide a loss reserve, until the requirement for rover and Lender or applicable law. ad inspections of the Property. Lender shall give Borrower rnsequenlial, in connection with any condemnation shy assigned and shall be paid to Lender. In the his Security Instrument, whether or not than due, r fair market value of the Property Immediately Instmment immediately before the taking, unless of the Property Immediately before the taking. y bola ce shalWgpaitl fo Bortower. Initis evbgt of a partial laking of the Property In which the fair market value of the Property immetllalel efo ih ja gas essiherrRin mount the ms secured immediately forthe laking. unless Borrower add Lender otherwise agrees rill or unless pli belawoH rwiseter vides the proceeds shall be applied to the sums secured by this Security Instrument whether or not t o r�Ah dpppe n er Bort war otherwise agree in writ Ing, any application ofproceeds loprincipal shall note end p sip 4i e u e Ih n I p me is referred to in paragraphs l or change the amount of such payments. 11. Borrower Not Released, Farb B L }7 @r I c Exte sl 1 s41 a for payment or modification of amortuallon of the sums securedbythis Secu j�a7Qn I meet 9rairted'byl nd loan s c' interest of Borrower shall not operate to release the liability of the original Borrower or B hQQrs successors In interest. antler shat not required to commence proceedings against any successor in interest or refuse toe nVr afor Payment or olhemi otl Ilan of the sums secured by this Security Instrument by reason of anydemantl made by lh I Borrower or BorrowersT s i merest Any forbearance by Lender In exercising any right or remedy shall not be awaive b7 r�;Iudethe exerffea of any 9jt )metly. 12. Successors and Assigns Sound J. h n ,9�a��LLeral LiabilityC. �SSI gpie a covenants and agreements of this Security Instrument shall bind and benefit the sucoessors antl as �ds'ofrL3ndmrand8or(gwe, qb ectlotha Provisions of paragraph 17. Borrowers covenants and agreebell jo5y7L n s veral. Any eorrowerwho co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Secunty'-Idslrumenn only to mortgage, grant and convey that Borrowers Interest In the Property under the terms of this Security Instrument; (b) Is not personalty obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other 8orrower may agree to extend. modify, forbear or make any accommodations with regard to the terms of this Security Instmment or the Note without that Borrowers consent. 13. Loan Charges, If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be tortured by the amount necessary to (Mum the charge to the permitted Ilmit; and (b) any sums already catecled 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 Sommer. 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 firs[ class mail unless applicable law required use of another method. The notice shall be directed to the Property Address at 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. 16. Governing Law; Saverablllty. This Security Instrument shall be governed by federal law and the law of the Jurisdiction in which the Pmperty Is located. In the event that any provision or clause of this Security Instrument or the Note contacts with applicable taw, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the congicling provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowers Copy. Sommer 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 pad 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 [his option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the dale the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies pertained by this Security Instrument without further notice or demand on Borrower. 18. Borrowers Right to Reinstate. If Borrower meads 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 Proparty, 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 Sommer. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (e) pays all expenses Incurred in enforcing this Security Instmment, Including, but not limited to, reasonable attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatementby Sommer, this Security Instmment 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 V. 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 "Loam 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 accoreance with *** OR 4696 PG 3222 -- paragraph 14 and applicable law. The nonce 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. Sommer 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. not 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 "orient 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 remained 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,'Envkonmental Lav" means federal laws and laws of thej.6,i iction where the Property Is 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 dale, 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 dale 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 fight to assed 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 dale 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 settled to collect all expenses Incurred in pursuing the remedies provided In this paragraph 21, including, but not limited to, reasonable ahomeys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Securily InsWmenl, Lender shall release this Security Instrument, without charge, to Borrower. Bonowershall pay any recordation costs. 23. Attorneys' Fees. As used In this Security instrument and the Note,'ebomeys' face shall Include any allomeys' fees awarded by an appellate court. 24. Riders, to this Security instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such Oder shall be incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as It the rider(s) were apptof(itiapi rty Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Graduated Payment Rider y _ V El Rate Improv t i er^ � ondominium Rider ❑ 1-0 Fami V e a ntl Home Rider ❑ Balloon Rider ❑ BhveePa ❑ Planned nit D velopment Rider ❑ Other(s) (specify te�i.Rld3i ! Nx _ `-----,rj SIGNING BELOW. Borrower accepts and agr astoha ennY nd ween is at In Y is ecu'ty Instrument and in any rider(s)executed by Borrower and recorded with it. U Signed.sealedan deliveredinth presenceo:� CYH wilnessgi: / - f/)/1 � Signature: k . y n ✓_`, Borrower o r A. Tav Address; 10283 Kingdom Court Naples, Florida 34114 STATE OF FLORIDA COUNTY OF COLLIER I hereby cenity that on this day, before me, an officer duly authorized in the stale aforesaid and in the county aforesaid to take acknowledgements, personally appeared Jennifer A. Taylor to me known to be the pemon(s) described In and who executed the foregoing Instrument and acknowledged before me that (Her shel they) executed the same for the purpose therein expressed. WITNESS my hand and official seal In the County and Slate aforesaid this _13 dayof JJIIC 2011. My Commission Eapimp'. �A LO/j4 sea e:O TA e'•.F Notary Pub Mes Signature (Seal) Norma I ora_T*0 Nolays Printed Name SHIP Filen; 09-379 Prepared by: Collier County Housing, Human & Veterans Department 3339 E. Tamiami Trail, Bldg H, Suite 211 Naples, FL 34112 ,n �J lite: 2603888 OR: 2699 PG: 1629 �j ILICRIfI fltW IIOOWCI UMI010 11 LN 0111CILL 1110111111111111 at COLLgI COOITT, !L OStO 5II1.10 ?ICI 1t 13/1112000 At 17;53A1 OVI00T 1, Ifil Cull WLl SOME SECOND NORTOAOE LLC hl 111.9 BOC"37 17.54 THIS SECOND MORTGAGE ('Secunly Instrument") is given on February 2000 The Second Mortgagor Is Martha M Houck ('Borrower'). This Security Instrument is given to Collier County ___ ("Lender'). which is organized and existing under the laws ofthe United Stales of America, and whose address is_ 2600_ Kgrrh Horseshoe Drive, Naples, Florida 34014_. Borrower owes Lender the sum of Five Thousand and No/100tha Dollars(U.S.f,_'v._000,01) ). Thlsdehlis evidenced by Borrowers Note dated the same dale as this Socudly Instrument ('Second Mortgage'), which provides for monthly payments, with the full debt, if not paid earlier, duo and payable an male of property, refinance, or lona of homestead ex tion . 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. Fnr 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 Unit 2o4. Buckeye Palm Condo and which has the address of ('Property Address-): _ 40C Ri rtm v+" oro TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, dl and gas rights and profits, water rights and stock and all fixtures now or hereafter a pan of the property. Ali 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 convoy the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national use and ran -uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS. Borrower and Lender covens%and-agraeas oliowe 1. Payment of Principal and Interest; Prepaymayt, of ower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. / R. Taxa. The Mortgagor will pay all taxes. s nfs, sewer rents or wa h(hale prior to the accrual of any penalties or Interest thereon. The Mortgagor shall pay or cause to be kL a am spectively become d , (A) ) all taxes and governmental charges of any Wind whatsoever which may at anytime be lawfull ass seQ,pl vied ainslor-/pit respec olh Property, (2) all utility and other charges, Including 'sarvke charges", incurred or imposed or Ili operalion� rr int ca, use occupan , up asp and improvement of the Property. and (3) all assessments or other governmental rg s a t 11 is over a perioe of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be d ly h' sl 11 Is a 1 be aid during the Cann of the Mortgage, and shall, promptly after the payment of any of the f regol g, Iwor t M g• g e w enc of uc Day enl. a. Application of Payments. Unless l phi I a p q d all nl ✓,9 co ved by Lender shall be applied, first, to Interest due; and, to principal due; and Iasi, to a dal charges due under the N 4. Changes; Liens. Borrower shall p f al to es, easessurenis, charge as rid i I - ions attributable to the Property which may again priority over this Security InslrumenL and le e� payments or ground refi�t`y f a j 1r er shall promptly furnish to Lender all nol¢as of amounts to be paid under This paragraph, d�1�[[eceipts evidencing the sl Borrower shall promptly discharge any lie I, no norfly over this SecunlyjgsdU mitt unless Borrower. (a) agrees m writing to the payment of the obligation secured by the lion In a n lin` ( c epibla`to Lent) bnyT s in good faith the lion by, or defends against enforcement of the Ilan in, legal proceedings which in the LSnnQder�pp tori gpgr��o,vdnt the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender suborilina' ih wr .Inis Security Instrumem. it Lender determines that any part of do, Properly Is subject to a lien which may attain priority over the Secure Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or lake one or mors of the actions sat forth above within 10 days of the gluing of notice. a, Heated! or Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards included within (he term "extended coverage' and any other hazards, including floods or flooding. for which Lender requires Insurance. This Insurance shall he maintained in the amounts and for the periods that Lender requires. The Insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights In the Property in accordance with paragraph 7. Al all limes 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 tire, lightning, and other casualties customarily insured against (including boiler explosion, It appropriate), with a uniform standard extended coverage endoenemenL including debris removal coverage. Such insurance at all times to be in an amount net less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the Insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair Is economically feasible and Lenders security is not lessened. If the restoration or repair Is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period Will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due dale of the monthly payments referred to in paragraph t or change the amount of the payments If under paragraph 21 the Property is acquired by Lender. Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security instrument Immediately prior to the acquisition. S, Occupancy, Prnsrvagon, Maintenance and Protection of the Property; Borrowers 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 withhold, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to democrats, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding. whether civil or criminal. is begun that in Lender's good forth judgment could result in forfeiture of the Property or otherwise materially impair the hen created by this Security Instrument or Lander's security CO- ar - 015 OR: 2649 PG: 1630 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 Lendoes good faith determination, precludes forfeiture of the Borrower's interest In the Property or other material impaimterit of the Ilan created by this Security Instrument or Lender's security interest. Borrower shall also bo in default it Borrower, during the can application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material Inlormatlon) In connection with the loan evidenced by the Note, mouaing, but not limited to, repter enlations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with of the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the has title shall not merge unless Lender agrees to the mergor in writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained In this Security Instrurnenl, a 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 fat whatever is necessary to protect the value of the Property and lenders rights in the Property. Lendafs actions may include paying any sums secured by a hen which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' lees and entering an the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower sutured by this Security Instrument, Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security instrument, Reformer shall pay the premiums required to rnaimain the mortgage insurance in effect. It, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously In effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage Insurance coverage Is not available, Borrower shall pay to Lender each month a sum equal to onalweitth of the yearly mortgage Insurance mommm being pard by Borrower when the Insurance Coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a toss reserve In lieu of matins, 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 aUalned. 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 Ila agent may make reasonable, entries upon and inspections of the Property Lender shall give Borrower nonce at the time of or prior to an impaction specifying reasonable rause for (he inspection. 10. Condemnation. The proceeds of any award w claim for damages, direct or consequential, in connection with any condemnation or other taking of any pad of the Property, or la conveyance in lieu of condemnation, are hereby assigned and shalt be pard to Lender In the event of a foal 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 lair 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 secure�hy-ihisSec rfly Instrument shall be reduced by the amount of the proceeds mulfidled by Ute following (rection: (a) the total anpunt of 1 sirs¢-Sg�ur yn� tat' before the eking, divided by (b) the fair market value of the Property immediately before the taking. Any balgmE s i'(lifpa` fit -lo tfbLr t ),hdhe event of a partial taking of the Property in which the lair rrnarkal value of the Property immediately belTo k� is less than thea ldriAL�the sums secured immediately for the talo wiMa Borrower and Lender otherwise agree in wr)Ifnbyx u less applicable few olhe ige`plob des, the proceeds shall be applied 10 the ums secured by this Security Instrument whether a rgl the a in writing, any application of proceeds to principal shall not red rid o posh the ve'dale ablh monlhi`j pay ants referred to in paragraphs i or change the turnover of such payments. \\ 11. Borrower Not Raleased,Pc /ran - t�W v ter pnhe me lar payment or mothicahon of amortization of the sums secured by this Sac rity I It on rat by'�LL to a si a or I mlerast of eorrowar shall not operate to release the liability of the onglnal Borrower or ort err' sus es are in Ittl r� t en r s{iall of b raqulred to oolmnence proceedings against any successor in Interest or refuse to 'm a t PPF h iso if�(^am(tita ion of the sums secured by this Security Instrument by reason of any demand made by o b gine(Borrower or Borr 's sots ssor$$$rLp�i eresL Any arbearance by Lender in exercising any right or remedy shall mol be a w i�7y or preclude the exercise any ri h>t ,,�'a y 12. Successors and Aesl9ns coon i and Several Llahillty;$ I9 err covenants and agreements of this Security Inreuuntenl shall Und and benefit the successors $ ns of Lender ane Borr Iho Provisions of paragraph 17. eorrowots covenants g mends shall be joint arid 0 r Any Borrower who co-signs this Security Irotnnxsnt but does not exechl urily Inslfut otoRllyrt rtgage, grant and convey that Borrower's interest In (tier Property Wrier the terms Ol ihle Security Inslrum8 h,jbj �g'I porus 1? IlIwgh)i�aled to pay the sums secured by this Security Instrument; and (e) agrees that Lender and any other Borrower may age o l yid, n> h ar6'ear or make any accommodations with regard to the termer of this Security Instrumentthe Noe without that orrawels consent. 13. Lose Charges.es.IfII the loan secured by this Security Instrument is subtest 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, than: (a) any such ban charge shall be reduced by the amount necessary to reduce the charge to the permitted limn; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make me refund by reducing no principal awed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be - trealed as a pamal prepayment without any prepayment charge under the Note. 14. Noticus. Any notice to Borrower provided lot In this Security Instrument shall be given by delivering it or by mailing it by first class mag unkess applicable law required use of another method. The notice shall be directed to the Property Address or any other address Schower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided In this paragraph. 16, Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or cause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this and the provisions of this Security Instrument and the Note are declared to be severable. 16. lorroarar'a Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Tramf err of We Properly a a Beneficial Interest In Borrower. If all or any pad of the Property or any interest in it is sold or transferred (or If a beneficial Interest in Borrower is sold or tnansferrod 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 shalt rpt be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 11 Lender exercised this option, Lender shall give Borrower notice of accolaration. The notice shall provide a period of not loss 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 sumo 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. BOAovini Right t0 Reinstate. If Borrower meets certain conditions, Borrower ether have the right to have enforcement of this Security Inalrumenl discontinued at any time poor to the earlier of : (a) 6 days (or such other period as applicable taw may specify for remsatement) before eats of the Property pursuant to any power of sale contained in this Security Instrument', or (b) entry of a judgment enforcing this Security Instrument. These conditions are that Doormat; (a) pays Lender all sums which then would be due under this Security htebumend and the Note as if no acceleration had occurred; (b) cures and default M any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security Inslrurnenl, Including, be not limited to, reasonable attorney's fees; and (d) takes such action as Lander may reasonably requite to assure that the lion of this Security Instrument, Loonies rights in the Property and Borrower's obligation to pay the sums socured 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. lets of Note; Change of loan Servlcar, The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior nolice to Borrower. A sale may result in a change in the enlity (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 OR: 2649 PG: 1631 unrelated to a sale of the Note. If mere is a atone of the Loan Servicer, Borrower will be given svntten notice of ilia change in accordance with paragraph 14 and applicable law. The notice will slate 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, Huudous Subslences. Borrower shall act cause or permit the presence, use, disposal, storage. or release of any Hazardous Substances w 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 act apply to the presence, use, or storage an the Property of small quantities of Hazardous Substances that are generally recognized to be appfopnale to normal residential on and to maintenance of the Property. Borrower shall promptly give Lender written native for any investigation, claim, demand, lawsuit of 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 Sommer learns, oris notified by any governmental or regulatory authority, that familiar fanvar or other remediation of any Hazardous Substance affecting the Property is nseasary, Borrower shall promptly lake all necessary remedial actions in accordance with Environmental Law. aAs mod In nd he following esbstancess: raph 20. (gasoline. kerosene.ous otherr flas' are mmable or toxic Pmes eolluumas toxic or products, toxic pesticides sand herbicides. volatile Law solvents, materials containing asbestos or formaldehyde, and enter law' means federal laws and laws of the jurisdiction where the Property I$ radioactive materials. As used in this Paragraph 20,'Environm located That relate to health, safety or environmental protection. 21. AeeeUrstlon; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's broach of any covenant or agreement In this Security Instrument (bul:al prior to acceleration under paragraph ii unless applicable law provides otherwise). The ratite shall specffy: (a) the default; (b) the action required to cure the default: (c) a date, rat 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 dale 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-exislonce of a default Or any other defense of Borrower to acceleration and foreclosure. If the default is not cured an or before the date specified in the notice, lende(, 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 shalt be entitled to collect all axpenses incurred in pursuing the remedies provided in this paragraph 21, including, but rat limited lo, reasonable allorney's lees and costs of the title evidence. 22. Ret ue. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Sanower. Borrower shall pay any recordation costs. 23, AHomeys' Feu. As used In this Security Instrument and the Note, "attorneys' lees shall include any abonteys' fogs awarded by an appellate court. 24. Rldsrs to this Security Inatromsnt, If one or more floors are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated into and shag amend and supplement the covenants and agreements of this Security Instrument as if the tidogs) were apart of this security Instrument. (Check Applicable Box) .. Adjustable Rale Rider . R(�''1gq6[1ir ,6 9ent�R. i e j Condominium Rider .. Graduated Payment Ridef .14619 amity Ridarf? mond Home Ritler .-. Balloon Rider -. Otherls) (speollY SIGNING BELOW. Borrower accepts and by Borrower and recorded with it. Signed. ssead)bry) delivered In tha I!! Unit Development Rider Instrument and in any ndet(s) executed Signature: Co. Borrower Address: 400 Valley Stream Or, 11204 gsbal,us, Florid 34112 STATE OF_Floridds COUNTY OF -1f9 U--, I hereby codify that on this day. before me, an officer duly authorized m the state aforesaid and in the county aforesaid retake acknowledgements, personally appeared AISABe M Hauck to me known to be the persons) described m and who executed the foregoing InsWment and acknowledged before me that (Hal she/ they) executed the same for the purpose therein expressed WITNESS my hand and official seat in the County and State aforesaid this y_- day A i —I< My Commission Expires:.. _....-_—__ Notary Public s Signature (Seal) Notary's Printed Name vN A'qt. BvLRsONL e1T So=7 EVIRES:"Velea"1 n :{�. � �naM+Irorr Piss *** OR; 2649 PG; 1632 :** EXHIBIT A UNIT 204, BUCKEYE PALMS, A CONDOMINIUM, ACCORDING TO THAT,DECLARATION OF CONDOMINIUM FOR BUCKEYE PALMS AS RECORDED IN OFFICIAL RECORD BOOK 1432, PAGE 1441, AND AS AMENDED, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. \` [1L THIS SECOND MORTGAGE ('Security Instrument-) Is given on December )� 1939 The Second Mortgagor is: ('Borrower•). This Security Instrument is given to •v VY Cdlliex County ('Lotdet), whop is ongau¢ud anis u existing unde the laws of the United Slates 0f Amerlca, and whose address is 2600 NOYth Horseshoe Drive, SSSn Nm les Florida 36016. Baraverowes Lend yffesumof Two Thousand Five Hundred and p No 1001 m Doliars TY.B. i Y. BO0. 00 6 This debt is evidenced by Borrower's Note urged the memo data as This Secunl� r Istmmeni ('Second Mortgage'), which provides fur monthly payments, with the full debt, if hot paid earlier, due and payable on 9 9 L:1, ! property, s finano or loss of homestead exemption . This Security Instrument secures 18' �+ Lthder. (a) Ibe rspaYmenl of pre debt evidenced by the Note, wdh Intaresl, and all renewals extensions and rrrodifications; (b) he .. payment ul pe (em of all Other so",. with Interest advalud under paragraph 7 rice of Sorewees covenants and agreements Wader this BeCu�itY instrumenpfOKt the t andlthe Nom y of the Security [)Its npurpose,1Borrowerhdoes r hereby second mortgage, grant and convoy to Lender the following described property located in Collier County, Flonda. and which has the address of: --- tarn TOGETHER WITH all the improvements oilaridnow, ht hehts reafter pro erected a, water rights he and stock and all easements. rights. Ore pepaty. MI replacements and eddlll" shall alas so be coveredt1by the Security Instrument All offxtulio low the foregoingris refuted to in of this Security Imov etas the'Ptoperty'. BORROWER COVENANTS that Borrows is Lawfully seized of the estate hereby conveyed and has the right to mortgage. grant and convey Bre Properly and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and 1111 defend generally he title to the Property against all claims std demands, subinct to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited rity rument veting variation by lurisdictim UNIFORM COIVENANt1TS. Borrower andtLendertotia wN and agree as properly. asfollows. 1. Payment of Pdlpal and Interest; Prepayment and Lets Charges. Borrower shall promptly pay when due the no principal of and Mercer on the debt evidenced by the NOW. 2 T"05. The Mortgagor will pay all taxes, eats5tasetvq sets or water to prior to the accrual of any penahes e .. Q C$ tag this n�Q� �O e-+ 7$' r0 � T� o interest Iheeon. C � The Malgapor altail pay a cause to ala same res N'ef e due, r with all taxes and governmental all chargee of any kite whatseaver which may a e be lawfully "sassed or v�d. est or wtih resgwt to the Progeny, upkeep guilty and other charges, InciudIng 'servke liar �.` incurredtther'�h ioenta ch rglo rug may lawfully be paid maintenance. use, manstallmens and Improvenenl of the Property. and (31 I tae eb ��-� g C s s over a period of Y"re. he Mortl7agor a II be Iga an it r III& rlgage u pay or aura to ba paid only such installments as are F' atf@r Ihe.gaym rel o ny of the uregoing, forward to required to a paid doing to tem Int! fY \Yj Mortgages eAppli a of such payment. 7. Application of Peymenb• Uhl s pDli No la pr v Ili e, ii ym Is received by Larder shall be applied; first, to interest due: and, to principal If a s y l r s us and r 1 a N fe,� 6. Chug"; Llena. Borrower Gall Y a texas, assess is chnl If J fol ru.ns a Borrrowefshall promptly end o which may attain Priority over this Secure -10 ument, end leasehold Bey 9 o e fumiah to Lender all re igm of amounts t ld under Ihia parapreDh, - II r a )mese soden the payments. N o 0 Borrower shall promptly discharg len which has pradty rove lis lyyJ lament unless Borrower. (a) agrees in -. wrgirg to Ilia payment d the obligation "ecu b lien Ina manner accepla Z" rider; (b) contests in good faith the lien by, or depends apalst enforcement of la lien In, legal, lrs which m the eopfnion operate to prevent the enlorcament of the lien or (c) secures frown the holder of the lien an i stl)¢fay�h_�o�ubordinabn9 lite lien to this Security instrument. If Lfodar de/MrNroa hal any part of the Properly is sug4b to c attain priority over the Security Instrument. Lender may give Borrower a rtofee Identifying the lie'. Barower sail satisiy oill 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 Terrorist erected on the property Insured against loss by fire, hazards Included within the term "extended coverage" and any other hazards, including foods or flooding, let which Lender requires Insurener. This Insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the Insurance shall be chosen by Borrower subjmt to Lender's approval which shall not be unrsaeorably withheld. If Borrower fails to maintain coverage described above. Lender may, at Lender's option, obtain coverage to protest Lender's rights In the Property in accordance with paragraph T. 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 cuslali rank fnsuured against protecan the as the same become due and payable, all premiums in respect Ihareto, including, but not limited to Interests of live Matgogor and Mortgagee against less Or damage to the Premises by lire, lightning, and other casualties customarily with a form standard extended "naval coverage, agal (locIuding Buck Iruuboiler anra eaaitl fines o be ml en amount not less than the full eplacementc sl ofthemPromi els. exclusive of foofi ge and foundations. All Insurance policies and reswaie shall be acceptable to Lender and shall include a standard mortgage clause. Lander helof paid pemhvro end right to I no11c".�Ilrt the ant of baki" and se, Borrower shall give prompt miles shallls. Ili Leader requires, Borrower promptly tile osis ase carneroand Lenderr all s Lender may make proof of Joss if not made promptty by Borrower. Unless Lader and Sorfowe otherwise agree in writing. Insurance proceeds shall be applied to restoration a repair of the property damaged, If the restoration a repair is ecomomio my feasible and lenders security Is at lessened. If the restoration of 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 Ilia Property. or does not answer within 30 days a nolloe from Lender that to Insurance tenor los offered to settle a claim, then Lender may toted he Insurance proceeds. Lender may use the proceeds 10 repair or rNhentha store the Pines maflperty Of to P Unless ay sums soured by this r Security Instrument, whether or net than due. The 30 day period begin otherwise spree in writing, any application of proceeds to pdoepal shag not extend or postpone the due date of the monthly payments referred to in paregloPh 1 or change the amoom of the payments. II under paragraph 21 the property is eidilboo shall pass to y Lender, Borrowers right to any insurance policies and proceeds resulting from damage to the Property p r t a aqu Lender to the extent of the sumo secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preeervadtsn, MNnboanos and Petscdon of the Property; Renames Loan Application, Leaseholds. Bonowa that occupy, establish, and use the Property as Borrower's principal residence within sixty days alter the execution of this Security ishmneel and shall continue to deoupy the Property as Bonfowers principal residence for at least one year afar the dale of occupancy, doles, Lender otherwise agrees in writing, which comfort shall not be unreasonably withheld, or unless extenuadng Circumstances exist which are beyond Borrewera Congo. Borrowaf sail not destroy, damage or impair the Property. allow the er civil Property iminal, Is bal that In Lenders good faith Judgment could result ito dBiOrlOmtO Of Commit W8810 On IN Property. Borrower shall n forfeiture in toff the Property of otherwise maany forfeiture action of terially impair OR; 2622 PG; 0052 the lien created by this Secorily Instrument or Lenders security Interest. Borrower may cure such a default and Iemstale, as provided In paragraph 18, by "using the action or proceeding to be dismissed with a ruling that, in Lenders good faith determination, precludes forfeiture of the Borrowers Interest in the P(opedy or other malarial Impairment of the lien created by this Security Instrument or Lenders security Interest. Borrower shall also be in default it Borrower, during the loan application process, gave materially false a Inaccurate Information or statements to Lender (or failed to provide Leder with any material information) in "nneotion with the ban evidenced by the Note, including, but not limited to, almnsentalons concerning Borrower's occupancy of the is On a d. er all leasee. if Bartmas a principal r acquires fee title to the Pis roperty, the learity sshod aril the tele tittle she l notimerge unless ss Lewith ll the nderr agrees to theta merger In writing 1. Protection of Lenders Rights in the Property. If Borrower fails to perform the covenants and agreements contained In this Security Instrument, or there is a legal proceeding (hat may significantly affect Lender's rights in the Property (such as a proceeding In bankruptcy, probate, for condemnation or lodeilure or to enforce laws or regulations), than Lender may do and Pay for whatever is necessary to Wotect the value Of the PMPertY and Lectors rights in the Property. Lender's actions may include paying arty sums secured to a Ilan which has prkdty over this Security ImWmenl, appearing In met, paying reasonable attorneys' fees and n{eling on the Progeny io make repairs. Alllqugh Leder may lake action under this paragraph �, lander dues not nava to do so Any enouna tlisbursed by Larder uder Nle paragraph T shall became additional debt of Borrower secured by this Security InsWnlnt. UNsa Borrower ad Lader agree to other leans of payment, these amounts shall bear interest from the date of disbursememl el the Nde rete ad shall be payable, with Interns- upon ratite Irom Leder to Borrower requesting payment !. MwlpaW insurance. Ir Lader required trxxtgage insurance as a codilion or making the loan secured by this Security Imgumn6 Borrower shall pay the premiums required to maintain the mortgage Insurance In effect. if, for any reason, the mortgage insurance covarapa required by leder lapses or ceases to a in effect, Borrower shall pay the premiums requited to obtain coverage substanlWily equivalent to the mOrtgaOe Insurance previously in aHed, al a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously In erect, from an alternate Lender Ia insurer approved by Leder. If substantially equivalent mortgage isureme coverage is rat availaNe, Barfxva'shall pay to Lender each month a Sum equal to one -twelfth of the yearly mortgage Isuran i premium be7nB paid by Barowa when le isuran" coverage lapsed or ceased to be In effect Lender will accept, use ad retain geese Payments as a Ions reserve In lieu of mOngage Insurance. Loss reserve payments may no longer be required. at the option of Lader. It mortgage insurance coverage (In the amount and for the period that Lender requires) provided by an insurer approved by Lander again become available and is obtallod. Borrower shall pay the premiums required to maintain mortgage insurance In fired, a'to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreamn( between Borrower and Leder or apPll"We law. ifImpectlr. Leder or Its agent may make reasonable Saes upon and inspections of the Property. Lender shall give Brower mike at the time of Or prix to an Impeclin specifying reasonable "use for the inspection. 10. Condemnation. The proceeds of any award a claim for damages, direct or cosequonliai. in connection with any condemnation of other eking of any part of the Property, or for conveyance in lien of condemnation, are hereby assigned and shall be paid to Leder. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security m metruonl, whether a not then due, with any excess Perjl Bomowter.—lgtha event of a partial taking of the Property, in which the felt market value of the Propody immediately befo @ la�.r�I .agIIaIT4 41r re�er than the amount of the sums secured by this 18'.�p n� b r h nvisa roe In writing, the sums secured by Ihrs Security Instrument imimediately before le oil I Trower a nQ a9 Snunry Instrument shall a reduced by thea N Itis Proceeds multiph 1 e e1lowlnp traction: ia) the total amount of the sums secured Imm odeteiy before the Witt d A by (b) to fair market veto f ite ropenly immediately before the laking. Any balance shall be paid to Borrower. In the vat g @ POIIIWUlJng of the Property I whit the fair market value of the Property immediately before the taking Is Ise Ina the insole!-of.{Ae,OYB-seeuf ' mmedia ty to the taking, unless Borrower and Lender otherwise agree In "idling a unlsa a iced law obxhwlsp pmVkkk(((as. the Means spall applied to the sums secured by this Security Instrument whether or ml to urns r , tae > >i e or $r of red t agree m wailing, any applichange of proceeds to principal shall awl extend pea n the ue at o 1 e nl I a n rel red to in paragraphs i Or tangs Ne amount of ouch paYmans.L of With, . xt shop I me time for payment or modification of It, BOROWR Not ReteesW o qY` amortization of tlo sums secured by On L8$s MY uniformnt granted b FFender o any q�q� ssor in interest of Borrower shall not operate to release the III ability of the odg L' rmin or Borrowers sucE$rsurs it ;ys`. Lender shall not be required 1v dOmmanoe proceetlirgs ageisI any 5Up i interest or refuse to ext�"ge�pp'liry a f r -� ant or otherwise noddy amortization of the sums secured by lhie Security Isl(umnI Stilt of any demand mado lit gf i orrower or Borrower's successors in interest.. Any forbearance by Lector in oxen I Iratet right or remedy shall n 4 Iver of or preclude the exercise of any nyhl or remedy. � ,ltt l 12. Succenon and MsIpM Bound; J n w 1 t til ! S19orro The covenants and agreements of this Security ISWmant shall old ad bemfn to success r�ig ,_,.,1-a or and Borrower, subject to the ionmiskxa of paragraph 17. Boraowa'a covenants and agrea niti`ehall be joint and several. Any Borrower who co-signs this Security Instrument but does nal execute the Nae; (a) Is co-signtrq this Security Instrument only to mortgage, grant and convey that Borrowers interest In the Property under Its, terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Inalrument: and (c) agrees that Lender and any other Borrower may agree to extend, mdity, forbear or make any .coanlnedallora with regard to the tens of this Security Instrument or the Note without that Borrowers consent. 10 Loan Charges, If the loan eaten by this Security Imhument is subject to a law which sots maximum loan charges, and that law is finally Interpreted so that the interest or other ban 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 close 10 make this refund by reducing the principal axed under the Note or by making a direct payment to Borrower. If a refund reduce pdmipal, the reduction will be treated as a partial prepayment without any prepayment charge under the Not. 11, Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing It The notice shall otthersamfss Mil Brrower deslgapplicable law Y noticeto Lendeuired we of r. Anyer to Leder shall) be giventonBorrowerthe orr Lenderlwen given asdress or any provided in this paragraph. IS Oowerning Law; SsvarWlity. This Security Instrument shall be governed by federal law and to taw of the Jurisdiction in which the property is located. In the even that any provision Or clause of this Security instrument or the Note conflicts with applicable law, such calflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting Provision Sm ow eg Cthis opy,end 'he �ower visions of this shall be given om conformed copy Ofrity Instrument dthe Note are the Note and o this declared Security instrument. ele. nt. 17. Trander of the Property or a Bneticisl interest In Borrower. If all or any part of the Property or any interest In it Is sold or lransfared (or if a beneficial Morsel in Borrower is sod or transferred and Borrower is not a natural person) without Lode( s prior written eosn- Lender 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 it exercise is prohibited by federal law as of the data of this Security Instrument. H Leder exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less that, Jct days h Borrower st pay all sums Borrowertfalls to padate y these Sunotice lms priored ot mi within o the expl elbn of thisicperod, Lenderumay Invoke nysecured emed es permiby this tted by this Security ecurity instrument II InsWmerd without furter miles or demand on Borrower. is. Isortowees Right to Relnstili If Borrower meet "rtain conditions Borrower sell have the right to have enforcement of this Security Instrument dlecontinued at any time prior to the earlier of: (a) 5 days (or such other period as appscadle law may specify for reisolemem) before sale of the Property pursuant to any power of sale contained in this Security Instrument; Or (b) ney of a Judgment enforcing this Security instrument. Thee condition are that Brower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as ii no acceleration had occurred; (b) cures and default of any other mvnants of agrsemems; (c) pays all exposes tori d in enforcing this Security Instrument, including, but not limned to, reasonable Lender's rights In the property and Bomowero obligation to pay the sumsusecured by this that Instrument shall continue n6 *** m 2622 PG; 0053 M unchanged. Upon reinstatement by Borrower, (his Security Instrument and the obligations secured hereby shall remain fully effeclwe as If no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17 tg. Salt of Nota; Change of Loan Servicer. The Note or a partial interest in (he Note (together with this Security Instrument) may be sold one w more !Imes 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 Thera also may he oris or more changes N the Loan Sarvlcer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given wnhen 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 mformalion required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Boaower shall prampily give Lender wiihan miles tor any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency of private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower ties actual knowledge. If Borrower Issas, or Is notified by any governmental or regulatory authority, that any removal Of other remodialkn of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in acceptance 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 foltowing substances: gasoline, kerosene, other flammable or toxic Petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radloactive materiels. As used in this paragraph 20. 'Environmental Law' means federal laws and laws of the jurisdiction where the Property Is "led that relate to health, celery w envlranrmmaj protection. 21. AeeataraBom RamadNs, Lender shall give mike to Borrower prior to acceleration following Borrower's broach of any covenant or agreement in this SoMflty Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides o0srwlse) 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 data the frolics, is given to Borrower, by which the default moat be cured; and td) that failure to cure the default on or before the dale specified in the notice may result in acceleration of the sums secured by this Security Instrument. foreclosure by judicial proceeding and sate of the Property. The notice shall further Inform Borrower of the right to reinstate attar acceleration and the right to assert In the foreclosure proceeding the romexlstence of a default or any other defense of Borrower to acceleration and foreclosure. if the default is rot cured on w before ilio date spiralled In aha notice, Lender, at its option, may require immediate payment In full of all sums secured by this Security Instrument without lunar 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, Inoludhg, but not limited to. reasonable ettornsy's fees and Coats of the title evidence. 22. Release. Upon payment of all sums 30tur b Ts-§9�curiry,Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall y a99y o tY cpddssll 28, Attorneys' Fries. As used In this 6"scDyl 'hal menl a1 tole,, torneys' fees" Shall Include any attorneys' lees awarded by an alWalla(e court. F�f/ 44ii d p M olden IO this gaeUrity Ins If the or rtore riders are ex dCa�d Borrower and recorded together with this Security, Instrument. the covariants and a earn I-ofr'der snail ba m- pore @d into and shall amend and supplement the covenants and agreements of this Seco I m ae.!(th. ridorls7w r a pan o This Security Instrument. (Check Applicable Box) G7 \\1 ��fff^�� 1 // . _. hnnAn,n,ntnm Rider .-. auable Rale Rider Graduated .-. Grauaietl Payment Rider +-a +-a Ballots Rider Biweekly .-a Other(s)(sPecify fp-, SIGNING BELOW, Bomoww accepts and s executed by Borrower and recorded with it. Signed, sealed a delivered In (1 Presence d: iom Su ipnalura:�sw�' Wihoat«2: r f Ylo xa,yl Signature: L/ nry end Home Rider mad Unit Development Rider in this Security Instrument and in any heels) Signature: 10 e Borrower Joao Gutierrez Signature. MGy(e�N�pt/ �trt L Co•Bomowar Naris Gutierzer Address. 5542 Laurel Ridge Lana Naples, Florida 34116 STATE OF_Forldo COUNTY OF,0� / f l� 1 hereby certify that on this day, before rno, an officer duly authorized In the stale aforesaid and In the county aforesaid to take acknowledgements, personally appeared J"*GUU*frlg and Maria Cutlers: tame known to be Iho persons) descnbad m and who executed the foregoing instrument any acknowledgedbgfo.re me that (Het shel they) executed the same for the purpose therein expressed. ! �j(Ocw�ed ar Jens (,,7 ;D I !y," «``� �p WITNESS my hand and official seal In the County "Billie of aid this &" day19_L- My Commission Expires:to --_—____— Notary Pu le . ignat Islet) --- Notary's Printed Name a FloridRUlH EW ex E CDMIR C= a t My GNNn I5, 2002 conn s ccnm2r t 3318591 OR: 3471 PG: 0718 RICORDEO i0 OPPICIA1 RECORDS of C011I1R Cool", PL roar o 12/2412003 at 11106AR DWIGHT 1, BROCE, CBR1 OBLO 5550.40 OBLI 6550.40 SECOND MORTGAGE RIC PRE 15,00 DOC -.35 23.10 Ratti: PA9 W1RDT ROPH 659.5701 THIS SECOND MORTGAGE CSeoupty Instmmenr) is given on November 19, 2003. The Second Mortgagor Is: ROGM10 ORTA a ROSA GARC!A, husband a Wife ('Bonawer). This Security Instrument is given existing 34104. Sonowerowes Lenderthesumof Six Thousand Five Hundred Fifty Dollars and a0/100(11.8.8 6,550.40). This, debt is evidenced by Bomowees 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 hoeestend exeamtion. This Securllylnsuumentsecures to Lender (a) the repayment ofthe debtevidenmd 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 ofthe Security Instrument; and (c) the performance of Borrowers covenants and agreements underthis Security Instremant and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following desoibedpmpertylocated In Collier County, Florida. More pardwarlydescribedas: Lot 19, Bleck 242, ofthatcerain subdivision known as Golden Gab, unH7, according to the map or plat thereof on file and racordod in the office of the Clerk ofthe Cirddt Court of Collier County, Florida. Fdb#3644000WN and which has the address of ('Property Address'): TOGETHER WITH all the improvements nowynhe r �Orkproperly, ale all easements, rights, appurtenances, rents, royalties, miners], oil and gea rights and pro fits, wat Sgt LLs L,�yj nowor hereafter apart of the property. TheSecurity Instrument shall also coverall replawmentsand drI Iof the foreg irtgTs Redaln this Security Instrument as the 'Properly'. BORROWER COVENANTS that eo awfully seized of the es ere conveyed and has the right to mortgage. grant and convey the Property end that the Props isu nvembered,exceplforencum ran ofrecord. Borrowerwarrants and will defend riadidlonbFORMCea uniformsew' Ina ' en veqq� IPe UNIFORM COVENANTS. 8o , fid t F v a t g e 1. PaymentofPdir Ian to©©©{{{ 7apa t nd h r war hall promptly pay when due the principal of ale Interest on the debt evidanced by a ��/ .y 2. Taxes, The Marg agorwllI a x me ,a`e C nits r ' rte thewdual ofanypereltieawinterest thereon. The Mortgegorshall payorwuw Id, as the same resbebe r9 (A)(1)all taxes and govemmemai charges of any kind whatsoever which may at any time Ily assessed or levied tyf pact to the Property, (2) all utility and other charges, Including 'service, charges-, Incurred ed fortheoperetion,malra rya so, occupancy. upkeep and improvenhemofthe Property, and (3) all assessments or other 9ov OVh�t 0_ I charges that may la, ly p(paid in Installments over a porbd of years, the of the Mortgage, and shall, promptly after the peymenfotQnkolfttl 7aT'j6itr�.fiiward to Mortgagee evidence of such payment. 3. Application of Payments. Unlessapplic ela�rprovi esoffe-rvvfw. all paymentsr ivedbyLendershallbeapplled;flrat, to interest due; arid, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and Impositions attributable to the Property, which may attain priority over this Security Instrument, and leasehold payments orground rents,ifany. Borrowershall promptlyfumish to Lender all notions of amounts to be paid under this paragraph, and all receipts evidencing the payments. Bomowershall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees Inwriting to the payment ofthe obligation severed by the lien in a mannerwooptable to Lender, (b) contests in good faith the lien by, ordefends against enforcement of the lien in, lege( proceedings which In the Lenders opinion operate to prevent the enforcement of the lien; or (c) encores from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Severity Instrument. tLenderdetennineethatany part of the Property is subject to a lien, which my attain priority over the Security Instrument, Lender may give Borrower notice kienttying the lien. Borrower shall satisfy the lien or take one or more ofthe actions set forth above within 10 days ofthe giving of nutice. 5. Hazard or Property fnsuranes. Sonower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards included within the term 'extended coverage and any other hazards, Including floods or flooding, for which Lender requires Insurance. This insurance shall be maintained in the amounts and for the padods that Lender requires. The Insurance caller providing the Insurance shall be chosen by Borrower subject to Lenders approval, which shall net be unreasonably withheld. If Bonowerfalls to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights In the Propenyln accordance with paragraph 7. Atall times thatthe Note is outstanding, the Morgagorshall maintain ireumncewilh 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 wdomarily Insured against (including holler explosion, if appropriate), with a uniformstandard extended coverage endorsement, mcludi g debris removal coverage. Such insu anceatall tmesto be In an amount not lass than the full replacement cost of the Premises, exclusive of feelings and foundations. At insurance policies and renewals shell be acceptable to Lenderand shall include a standard mortgagedause. Len dershall have the right to hold the pNides endrenewals. If Lender requires, Bornovarsholl promptly give to Lender all receipts of paid premiums and renewal ratlpea. In the eventoflow. Bormwershall give prompt notice to the Insurance canierand Lender. Lendermaymake proofofbss If not made promptly by Borrower. Unless Lender and Bonowerotherwise agree in writing, insurance proceeds shall be applied to restoration orrepelrofthe Properly damaged, if the mato ation or repair Is economically feasible and Lenders security is net lessened. If the resaretion or repair Is not economicallyfeasible or Lenders security =old 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 Bomowerabandons the Property, or does not answerwlthin 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender my coiled the Insurance proceeds. Lender mayuse the proceeds to repairorresare the Property orto paysums secured bythis Security Instrument, whetherornot Dan due. The 36 day period will begin when the notice is malled. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or longe the amount of the payments. If under pamgmph 21 the Property is acquired by Lender, Borrowers right to any Insurance policies and proceeds resulting from damage to the Property priorto the acquisition shall pass to Lender to the extentofthesums sewrsd bythis Severity Instrument immediately prior to the acquisition. .,y,ed. W Ll aanr o 0 OR; 3471 PG; 0719 8. Occupancy, Preservation, Maimmnanm anti Promctlon of tilt Property; eomoweta Losn Appliatlon, LthisS curs. Borrowershelloccupy. establish, and use h:Properly as Borrowets principal resltlencewithin sixty days aaerino executlonofMils Security Instrument and shall continue m occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender Otherwise; in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances edst which are beyond Burrowers control. Borrower shall not destroy, damage or impair the Property, allows the Properly m deferiorete, or mmmltwaste on the PrOPedy. Borrower shall be in default if any forfelfum 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 InstmmentorLendets securityinterest. Borrower may cure such a defaultand reinstate, as provided in paragraph 18, byeausing the action orproceedingmbe dismissed witha ruling that in Lenders good farthdetermination, precludes w tnstmmentor Lends ssecuriry mof erest Bo^awersinterest hallaisolholn the merger in writing. T. Promctlon ofLendats the covenants and agreements contained In this dnhl in the PMMdV (such as a Proceeding in notice from Lender to Borrower requesting payment B. Mortgage Insurance. B Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument Borrower shell pay the premiums required to maintain the mortgage Insurance Insurance, any reason, m oobtain mortgage Insurancoverage required by Lender lapses Of COSMOS to be In effect, Borrower shall pay ne D� hums ra Substantially equivalent to the mortgage Insurance previously in effect, at a cost substantially equivalent to the cast to Borrower of fire mortgage Insurance previously in effect, from an site mortgage Insurer approved by Lender. g Substantially equivelaM r� mortgage mortgage irtaurence coverage m rot available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the YeadY mortgage premium being paid by eonower when the Insurance coverege lapsed arceased may no leafier be required, at to be In offect. Landerwill tlaceoption afmLendand rein ther�a payments as a bas reserve in lieu of rnortgage Insurance. LOSS reserve payments Lender again mmgagsinanrenmmvemge(bthe anaunt�fo th _Lender%li provided ageainsuceraurweIn�effect, oer anprovide nderrat bOmv es until lable end requirement for if&tgaga I shall Da r44ft written agreement beavee^Borrower and Lender m reserve, until the requlremem for mongaBe Insu n -� QY applicable law.\d g. Inspection. Lender or Its ag (n� kat reasonable en e�.s ad btspectlore of Ma Properly. lender shall give Bonowornotice at thetimeofor pmiorm a re ns cifyingreasonablem for Inspection. l, In can 10. Condemnation. The pm onection with on) ld-..... OL dame BeNd reU am h�eabvnessigrhedand shall be paid t< promeds shall be applied to fhe sums secb b re�S.Mfffti` 1n nmem ma, -•- -• Borrower otherwise agree in writing, any epi roads m princi ,gt%9 t extend or posfporhe the due dem of Me monthly payments referred m in paragraphs 1 or thongs a fa�pa payment Of modification of11. Borrower Not Ramuetl, Forpeare�d(I4-VI'r^raneroirassorlon int lnthme tereatofrBorrowerehellnoloPeramb ment Is subject to a law which Sets madmum ban charges. ao oar ad orto be collected In connection with the ban exceed the permitted cessaryto reduce the charge to the POM imed Iimlq and (b)amYSums i refunded to Borrower. Leader may choose to make this refund by entto Borrower. If a refund reduces principal, the reduction will be the Note. rdty, Instrument shall be given bydelivering Address o y mailliing it by neradd trst ress iotice shall be directed to the Property Y I he aiven to Borrower or Lender when given as provided in this Federal law and the law of the jurisdiction In which the F Msbn or clause of this Searity Instrument or the Nom an one conformed copy of that Nom Interestin Borrower, Iralloranyp shall give l3onowernotice of acceleration. The notice shall provide a penin malled red by this SOM0 ,noffition o' �IrpeBo, Lenderust Pay Oil mayy Invoke any remedies POM1100d by Borrower. nt prohibits exercise. g Lender exercised this option, Lender rf not less than 30 days from the date the notice Is delivered Of InSmnmenl. If Borrower falls to pay these sums prior to line ,is Security instrument without further notice or demand on 10 OR; 3411 PG; 0120 aamr o 18. Borrowers Rightto Rsineta,, nBonowarmestsmdainwrididom Borrmvershell have the right to have emQrBnlemid this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or Such other period as aPPliceble law may specify for reinstatement) before sale of the Property pureuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security lnsuument. Those conditions are that Borrower.. (a) pays Lenderali mmswhichthenwould be due underths Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses Incurred in enforcing this Security Instrument. Including, but not limited to, reasombleattomeys fees; and (d)takes auchadionas Lender may reasonably require to assure that the lien or this Security Instrument, Lenders rights in the Propenyand Bonewefsodiga9onto pay the suras secured bythis Security instrumentshail continue unchanged. Upon reinstatement by Borrower, this Sawrily lrsmtmemand the obligations secured herebyshall remain fully effective as if no acceleration had occurred. However, this dghtto reinstate shall retai ly In the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note ora parcel Interwtin the Note (togetherwiththis Security Instrument) may bewldoneorm mfl a vAthwtpdormUmto Borrower. Awls mayresult in a change In" enfity(krwwn asthe'Loan Servicer) that collects monthly payments due underthe Note and this Security instrument. There also maybe onearnwrechangesofthe Loan Servicer unrelatedmawleofthe Note. if there is a change of the Loon Servicer, Bomowerwill be given written notice of the change in accordance wgh paragraph 14 end applicable law. The notice will state the name and atldress of the new Loan Servicer and ate address to which payments shwkl be coatis. The notice will also contain any other Information required by appliceble law. zO. Nanrdeue Subetancee. Bornwrer shall not cause or permit the presence, use, disposal, storage, or release of any the P that Isle Lentlarwritten herbicides, volatile WIVOI 3, enslenata conn n, 'Environmental Lav` means federal laws and environmemal protection rshall rwtdo, nor allow anyone else to do, anything affecting ropeny sentences shall ra[applyo the presence, use, orsorsge on the Prepenyof small recognized o be appropriate o accost residential uses and b melydarsnce of the aticeforarry irrvestigaUon, claim, demand, swsuRoroUsradbn byanygovemmntall r hos tarty and any Hazardous 3ubssnce or Emironmemal taw of which Borrower has nygovemmensl or regulatoryeulhority, thaterryremoval orolherremedslanof eny ce ary, Borrower shall promptlyske all necesserymmedsl actions In acoomenwith Mous Substances' are those cubstancestlefinedaso»cortszardeus subs as and nd asuline, kerosene, otherflammable oroxlc petroleum producs,totdcpwticlda estce or formaldehyde, and retllaactive materials. As used iIs this paragraph 20, of the ludstiction where the Pmpeny is located that relate to health, safety or 21. Aealemal Rum edles. Lender shall covertam or agreement In this Security Instrument in otherwise). The notice shall apedfy: (a) the default (b) the notice Is given to Borrower, by which the default mu: the notice may result in acceleration of the sums sews property. The notice shall further Inform Borroweryf preceding the nonexistence of a defeultor any o 4Vi before the date specified In the no0ce, and U ImWmem withwlfudherdemaM and may oy etperwe roared In pursuing the nuns ' pmvdein of the the evidence. me 22. Release. Uponpaynt all ms seew charge, to Someway. Sonowershallpa an et 23, Altomeyle Few. As in by an appellate caul 24. Riders to this Security l I* ❑ Adjustable Rate Rider ❑ Graduated Payment Rider ❑ Balloon Rider ive notice to Borrower prior to acceleration following Borrowers breach Of any not prior to accelemffon under paragraph 17 unless applicable law provides s action required o are thadefaull (c) a date, rotlewthan 30daysfil me date be cured; and (d) hall to cure the defauhon orbefore the date sped0ed in Ijby_atlssecur ty Instrument, foreclosure by judicial prowe(fing and sale of the r*gt�p ger acoeleretion and the right to eased In the foredomm 1 2.6"' t emtionandforedosure. Ifthedefaugsrtotwredonor ion, may require r+�rri payment In full of all suns secured by this Security 13ewrity lnabumentbyj(ldicl@I proceeding. LeMerahall ba ertUU �I Mate o 1,91 I.Hud m. bu not limited b, reasonable atbrrre�e fees by s own tame Le ershall release this Security Instrument widnut t e t 'e o eysfees'stsgindudeamamrneye'faesawarded area ad V >E®p hall arand mand a andssuppplaamardtltem end lOnsand re a pad of S my I b3" ent. (Check Applicable Box) ❑ Rate a ��0 r ❑ Condominium Rider ❑ 1A FarniI .R tl�y_ ❑ Second Home Rider --_. �.rCe� nm RNar ❑ Planned Una Development Rider ❑ Other(s) (spedhy SIGNING BELOW, Borrower accepts and agrees to the tem, and covenans contained in this Security Instrument and in any riders) executed by Borrower and recorded with it. Signed, sealed andde emd in the presence of: Withal Signature: signature`!// �- Borrower 009I10 ORTA A Wastes; Print Name: Signature: -�`"> Borrower ROSA GARCIA Wail Signature: - �b Whimm Print Name: I O T /3B6l 0/ Address: 5221 30th Ave SW. Naples, Florida 34116 STATE OF_Florida_ COUNTY OF_Colller_ I hereby cenlfy that on this day, before me, an officer duly authorized in the stale aforesaid and in the county aforesaid to take ackrwwledgamens,persomallyeppeared ROGSLIO ORTA A ROSA GARCIAto me known to be the person(s)describel in and who executed the foregoing Instrument and acknowledged before me that HE/SHEITHEY executed down, forme purpose thereine)gxessed. WITNESS my hand and official seal In he CC,,my and State stormed this November 19, 2003. _ My Commission Expires: �--— — NuhryPublic's Signetu -Q.rre Pl• Notays Printed Name (SEAL) Lauren J. Beard P. 3i?" "Commission NDD159084 -Expires: Oct 24, 2006 3 BoloTan, Anaptic Bondnd ing Co., Inc. HernandezElizabeth From: KlopfWendy Sent: Tuesday, May 30, 2017 9:33 AM To: HernandezElizabeth Subject: Payoff Jose Gutierrez d File 0 Chock q _ arount _ T 1Am'1 uunr _..9025:•2005 pt".I My, Pnyinanl Shp k 058,Ouwwxt. HdanO& Anetin 92:V2005 X900 $2,50001 0:510S HS 15052.0 L156 Gustwre. W. & Exw ' V 9/2702005 DMC 00523 S4.90000 RMS57 41M'2.IN15 HE; iida'52 64A Gutonez, Jose & 6larla 612002003 DPGc 12680 $2,600.00 488296 6020/2003 HS 113957 * ' 1 Operations Coordinator -Grants Compliance Unit. Community & Human Services Division 3339 Tamiami Trail East Suite 211 Naples, FL 34112-5361 2 239.252.2901 'O wendvkloofPcollier¢ov.net Under Florida Law, e-mail addresses are public records. If you du not wantyour e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.