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Agenda 09/22/2015 Item #16D 3 9/22/2015 16.D.3. EXECUTIVE SUMMARY Recommendation to approve sixteen mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$136,417.52. OBJECTIVE: To support the affordability of housing in Collier County through State Housing Initiatives (SHIP) down payment and emergency repair and/or rehabilitation assistance programs. CONSIDERATIONS: The State Housing Initiatives Partnership Program, a state affordable housing program, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance or loss of homestead exemption. The following table provides details regarding the associated mortgages that have been repaid in full. As such, satisfactions of mortgages are required. Security Mortgage Payoff Public File# Name Instrument Amount Amount Record Jose L. Casanola Rodriguez& SHIP OR Book 09-346 Second 4675 Osladis Ramirez Del Sol Mortgage $4,840.00 $4.840.00 Page 2691 SHIP OR Book 00-391 Patty L. Clark Second 2696 Mortgage $5,000.00* $4.887.52 Page 1352 Geminee C. Young& Barbara M. SHIP OR Book 08-115 Bullock-Young Second 4382 Mortgage $45,000.00 $45.000.00 Page 1037 SHIP OR Book 98-066 Santiago &Patricia Ventura Second 2382 Mortgage $2,500.00 $2.500.00 Page 1023 SHIP OR Book 09-371 Milton Y. Cardoso Second 4693 Mortgage $5.000.00 $5.000.00 Page 2416 OR Book 00-365 Renato Gutierrez &Ana C. SHIP Third 2681 Gutierrez Mortgage $2,500.00 $2.500.00 Page 0853 SHIP OR Book 09-133 Bettzaida Pantoja Second 4456 Mortgage $3.000.00 $3.000.00 Page 3455 Packet Page -1202- 9/22/2015 16.D.3. I Public. Security Mortgage Payoff Record File# Name Instrument Amount Amount SHIP OR Book 98-069 Christine Morris Second 2401 Mortgage $2,500.00 $2.500.00 Page 3286 SHIP OR Book 09-277 Cynthia J. Van Lare Second 4602 Mortgage $5,700.00 $5,700.00 Page 379 Joshua R. Bauer&Heather L. SHIP OR Book 08-136 Bauer Second 4392 Mortgage $19,500.00 $19,500.00 Page 3268 SHIP OR Book 05-030 Virginia D. Manderscheid Second 4060 Mortgage $18,000.00 $18,000.00 Page 0932 SHIP OR Book 03-070 Michael J. Scott Second 3155 Mortgage $2,500.00 $2,500.00 Page 2150 SHIP OR Book 03-021 Barbara Bolden Second 3106 Mortgage $5,000.00 $5.000.00 Page 0279 12- OR Book 01 OR Barbara Bolden SHIP Third 5090 Mortgage $30.000.00 $6,990.00** Page 2517 SHIP OR Book 09-364 Eliseo Viamonte Vegas & Second 4688 Yolanda Oropesa Ortiz Mortgage $3,000.00 $3,000.00 Page 1662 SHIP OR Book 09-235 Jason Wheeler&Jenell M. Second 4561 Wheeler Mortgage $5.500.00 $5.500.00 Page 1035 Total $159,540.00 $136,417.52 *On July 10, 2000, a mortgage was recorded for Patty L. Clark in the amount of $5,000.00 for down payment assistance and emergency repairs to the dwelling unit. The homeowner did not receive the entire amount of those emergency repair funds. Therefore, the homeowner is only required to repay the Collier County SHIP Trust Fund the amount of$4.887.52. ** On October 30, 2014, a mortgage was recorded for Barbara Bolden in the amount of $30,000.00 for emergency repairs to the dwelling unit. The homeowner did not receive entire amount of those emergency repair funds. Therefore, the homeowner is only required to repay the Collier County SHIP Trust Fund the amount of$6,990.00. Packet Page -1203- 9/22/2015 16.D.3. Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of mortgage and the executed documents shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The repaid amount of$136,417.52 satisfies mortgage amounts. These repayments are considered program income and have been deposited in SHIP Grant Fund 791, Project 33331 and 33429 as such funds may be reused for eligible SHIP program activities. The $10 recording fee will be paid by each of the borrowers. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign sixteen mortgage satisfactions for owner-occupied affordable housing units for which repayment in full has been provided to Collier County. PREPARED BY: Mandy Moody, Grant Support Specialist, Community and Human Services Division Attachments: Sixteen Second Mortgages, Sixteen Satisfactions of Mortgage, SAP backup for the SHIP payoffs Packet Page 4204- 9/22/2015 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to approve sixteen mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$136,417.52. Meeting Date: 9/22/2015 Prepared By Name: MoodyMandy Title: Grants Support Specialist,Public Services Department 8/26/2015 3:20:40 PM Submitted by Title: Grants Support Specialist,Public Services Department Name: MoodyMandy 8/26/2015 3:20:41 PM Approved By Name: KushiEdmond Title: Accountant,Public Services Department Date: 9/1/2015 1:15:31 PM Name: GrantKimberley Title: Division Director-Cmnty &Human Svc. Public Services Department Date: 9/2/2015 10:07:48 AM Name: GrantKimberley Title: Division Director-Cmnty &Human Svc.Public Services Department Date: 9/2/2015 10:14:35 AM Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date: 9/2/2015 11:14:00 AM Name: RobinsonErica Packet Page -1205- 9/22/2015 16.D.3. Title: Accountant, Senior, Grants Management Office Date: 9/3/2015 2:11:54 PM Name: CarnellSteve Title: Department Head -Public Services,Public Services Department Date: 9/5/2015 11:13:00 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/8/2015 4:33:49 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/9/2015 10:08:58 AM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 9/9/2015 4:35:30 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 9/11/2015 11:07:34 AM Packet Page -1206- Beta: 2660135 OR. 2696 PG. '"' • PROGRISSIVI TITLI INC RICORDID in the 01}ICIAL RODS of COLLI1 9/22/2015 16.D.3. 13451 MCCIICOI BLVD #27 01110/2000 at 01:3011 DVICIT I. BROCI. CLIII DOC-.35 17.50 FT NTIIS FL 33919 SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")is given on June b.2000 The Second Mortgagor la'. Patty L.Clark,A Single Person ("Borrower"). This Seunty Instrument is given 10 Collier County ("Lender'),which le organized and existing under the laws of the United States of America,and whose address Is 7400 North Horseshoe Driver Naples, Florida 34014 . Borrower owes Lender the sum of rive Thousand and No/100ths Dollars(U.(3,i 5,000.00 ) This debt is evidenced by Borrower's Note dated the sane date as this Security Instrument("Second Mortgage"),which provides for monthly payments, with the full debt,if not paid earlier.due and payable on sale of property, refinance, or loss of homestead exemption This Secunty Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note.with interest,and au renewal,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the seunty of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Seventy Instrument and the Note For Des purpose,Borrower does hereby second mortgage,grant end convey to Lender the following described property located in Collier County,Florida, As more particularly described as Unit C„4,River Oak Plantation,Phase I,A Condominium,Caner county,Floods are Which has the addressor: as shown in OR nook 844, Page 1395 ("Property Address") 2e51 /obey A , Unit C-4, Naples. Florida 34104 • TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property All replacements and additions shall also be covered by the Security Instrument All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered.except for encumbrances of record Borrower warrants and will defend generally the tide to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by lurtldiCtion to conatltute a uniform*county instrument covenng real property UNIFORM COVENANTS. Borrower and Lender covenant7hd-egree as follows. 1. Payment of Principal and Interest;Prepay ,-44 LeTtts•��tar eek,, Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes, The Mortgagor will pay all taxes assessments,sewer rertts,pr wilier rates prior to the accrual of any penalties or interest thereon. j (°' \ The Mortgagor shall pay or cause to be paid-as-Me-same respectively beime d'e,(A)(1)all taxes and governmental charges of any kind whatsoever which may at arty time be lawfully asiessatorTeved ligain`at or with reseed,to the Property.(2)all utility and other charges, including"service charges".Incurred or lmposeQ for Jhe operation;fiolntenante,use,occupancy,upkeep and improvement of the Property, and(3)all aaaesemente Or goner governmental+ic?ti'a lr}atTnaty`r!vfius 1?ard+r'i,»iitimeres over a period of years.the Mortgagor shall be obligated under tyro Mortgage to pay or cause r'5 leg psi (only skdch Iriste,r w its arelreeuirsd to be paid during the term of the Mortgage,and shall,promptly after the payment of any sf tple ib‘regoinOorvtrii t &Mortgagee evidence bf web payment. 3. Application of Payments. I mega spat eabkNaaDrodideLAlherwise,..all,pay nta received by Lender shall be applied.first,to interest due:and,to principal due:and 1a1015 any late charges due underrtfle 4, Charges;Liens, Borrower sfCtrps7\eit taxes,assessments,c`perges!fines erdiimpositions attributable to the Property which may attain priority over this Security instrument,ar�Jeesehold payments or group,'rents,At any/Borrower shall promptly furnish to lender all notices of amounts to be paid under this parigriph�''and all receipts evidendng'4hevO mehts. Borrower shall promptly discharge onynJieprwhich has priority over this-Secun yinstrument unless Borrower(Cl agrees in writing to the payment of the obligation secured by the hen irrY tSa recce tab -i;,ePllbr, b)contests in good faith the ken by,or defends against enforcement of the hen in,legal proceedings which iri'the, gplrtloRopireWto prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender'subo naihnrilise'trenn to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument.Lender may give Borrower a notice identifying the lien Borrower shah satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against lots by fire,hazards included within me term"extended coverage"end any other hazards,including floods or flooding,for which Lender requires Insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance comer providing the insurance shell 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 s. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premium;in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with•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 COIN 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 r.lcei0ts at 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 end Lender's security is not lessened If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument.whether or not then due,with any excess paid to Borrower if Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair Or restore the Property Or to pay sums secured by this Secunty Instrument,whether or not then due. The 30-day period will begin when the notice is melted. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any Insurance policies and proceeds resulting from damage to the Properly prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security instrument immediately prior to the acquisition. I. Occupancy,Preservation,Maintenance and Protection of the Property;Borrowers Loan Apptkatlon,Leasehold,, 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 Properly as Borrowers pnncipal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding whether civil or criminal,is begun that in Lenders good faith judgment could result in forfeiture of the Property or nthwrwia materially impair the lien created by this Security instrument or Lender's security interest. Borrower may cure such a default and rei Packet Page -1207- 18.by causing the action or proceeding to be dismissed An. r1rAr nos. 19r9 9/22/2015 16.D.3. wt h•wog that,in Lenders good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's secunty interest Borrower shall also be in default if Borrower.during the loan application process,gave materially false or inaccurate information or ttataments to Lender(or felled to provide Lender with any material in eonnseflon with the lean evidenced by the NoIA.IfIC1UdnO,but not tinted to,reflresenlatIona ConceminQ borrower 3 occupancy of the Property as a principal residence. If this Security Instrument IS On a leasehold,Borrower shall comply with all the provision of the lease If Borrower acquires fee title to the Propenny,the leasehold and the fee title shall not merge unless t ender agrees 10 the merger in wnting. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants anti agreements contained in this Security Instrument or Mere Is a legal proceeding that may significantly affect Lenders rights m 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 ken which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs Although Lender may take action under this paragraph 7,Lender does not have to do so Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment.these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. a. Mortgage Insurance, If Lender required mortgage insurance as a condition of making the loan secured by this Secunty Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect If.for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be In effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at•cost substantially equivalent to the cost to Borrower of the morlosoe Insurance previously in effect from an alternate mortgage insurer approved by Lander. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one•IweffM Of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage on the amount and for the penod that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender Of applicable law. O. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages.direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender In the event of a total taking of the Property.the proceeds shall be applied to the sums secured by this Security Instrument,whether Or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the lair market value of the Properly immediately before the taking is equal to Or greater Man the amount of the Sums secured by this Secunty Instrument immediately before the meting,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the-41i i�¢ ficr�ed-Immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance-Oat*.a jSaid,_UI,8or{ower. In the event of a partial taking of the Property in which the fair market value of the Property immediately¢dJei{q,tlre-4ateing is a ss'1ha dhe amount of the sums secured immediately for the taking. unless Borrower and Lender otherwise agree invwi1ting,a"r unless applicable law' virtiii a provides,the proceeds shall be applied to the sums secured by this Security Instrument whether of no41h'e sums are then due. Unlese'Lende)\and Borrower otherwise agree in writing,any application of proceeds to principal shall notrexterid wl postperrie the due da e_of the monthly.payments referred to in paragraphs 1 or change the amount of such payments 11 / -s " \ 1\ 11. Borrower Not Released,Fdrbearanea.By L>ida['No 11 Wily .xtep;tion of,the time for payment or modification of amortization of the sums secured by this Securftg Ir)slrtiti,tphttgrantedpy Lenoertnkarryrsdceeslwr in interest of Borrower shall not operate to release the liability of the original Borrower or Qorrgwersfsucceatort In Ifit6r t)yLexltier Shall not be required to commence proceedings against any successor in interest or refuse$o efttend Urt ,foitptlyment oriotherwitie modify amortization of the sums secured by this Secunty Instrument by reason of any demand made;l>y thellnpinal borrower err-$orcowergtavOGQas iii to interval Any forbearance by Lender in exercising any right or remedy shall not beta yretver of or preclude the exercise or any r$nt or!'rermedy 12. successors and Assigns Bound;Volnt and Several Llabltti Co-algyiets.ilrhe covenants and agreements of this Security Instrument shell bind and benefit the succeasohf,arid assigns of Lender andrlBorrower subject to the Provisions of paragraph 17 Borrowers c ovenbittt artd agreements shall be join!aridiseveral Any Borrower who co-signs this Security Instrument but does not execute the Note,(a)is eo(iigoing this Security Instrument only''to mortgage,grant and convey that Borrowers interest In the Property under the terms Of tnls Security Insfrumentyit is-ootpeieohallyvob'5ted to pay the sums secured by this Security Instrument, and(0)agrees that Lender and any other Borrower mayvejrie te:exfien4i9n diy;'Iorbear or make any accommodations with regard to the terms of this Secunty Instrument or the Note without that Borcowerts-eonsehi. ts. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits.then (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower Lender may cnoose to make this refund b1 reducing the principal owed under the Note or by making a direct payment 10 Borrower If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under tyro Note 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first crass mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph tb. Governing caw;SeYerabiiity. This Security Instrument shall Do governed by federal law end the law of the funsdiction in which the Property is located, In the Brent that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision To this end the provisions of this Security Instrument and the Note are declared to be severable Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 17. Transfer of the Property or a Benefstal Interest In Borrower. If all Or any part of the Prcierty or any interest in it is sold or transferred(Or If 8 beneficial interest in Borrower is sold Or transferred and Borrower is not a natural person)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 shalt not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument If Lender exercised this option.Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must oay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower 15. Borrower's Right to Reinstate. if Borrower meets certain conditions.Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of•(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration tied occurred;(b)cures and default of any other covenants or agreements,(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees.and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument.Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred However,this right to reinstate shall not apply in the case of acceleration under paragraph 17 14. Bale of Note;Change of Loan Servlcer. The Note or a partial interest in the Note(together with this Security Instrument)may be Wald one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servic er)that rte_._ Opllegs monthly payments due under the Note and"'-°-"-�`�''"""—" also may be one or more changes of the Loan$erncer unrelated to a sale of the Note. If there is a changf Packet Page -1208-wit be given written notice of the change in accordance with •".•a 4..1.1 OR 9/22/2015 16.D.3. paragraph 14 and applicable law The notice will state the name and address of the new Loan Servieer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Flazafdgua 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 etas to do,anything affecting the Property that is in violation of any EnVironm5ntel 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 aeneraliy recognized to be appropriate to normal residential uses end to maintenance of the Properly. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. As used in this paragraph 20."Hazardous Substances"are thole substances defined as toxic or hazardous substances by Environmental Law and the following substances. gasoline.kerosene,other flammable or toxic petroleum products,tOxlc pesticides and herbicides.volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law'means federal taws and laws of the lunsdretion where the Property is located that relate to health,safety or environmental protection 21. Acceleration;Remedies. Lender shall give notice to Borrower pnor to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default(b)the action required to cure the default(c)a date,not less than 30 days from the date the notice is given to Borrower,by which tie default must be cured;and id)that failure to cure the default on or before the date specified in the notice may rewash 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 nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require Immediate payment to full of all sums secured by this Security Instrument without runner demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorneys fees end costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs 23. Attorneys'Fees. As used in this Security Instrument and the Note."attorneys'fees"shall include any attorneys'fees awarded by an appellate court 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) Adiustabie Rate Rider 0 Rate Improvemen Rid§j. Condominium Rider 0 Graduated Payment Rider E 1.4 Family Rid r'U..;. yit Tfl Second Home Rider 0 Balloon Rider ❑Biweekly/Pays 't'Rider Planned Unit Development Rider 12 Others)(specify J` // '\ /, 0 r / �, __._`. 1 ; SIGNING BELOW,Borrower accepts and agrees 10 tie-terms 8t ve an1ZtSOrr(gm4d i this 5ecunty Instrument and in any nder(a)executed by Borrower and recorded with it I i„` t' "^j f '"! °` ( ,!■1 'i C 5%,' `1 I (( ( i 'i I 1 ', ti's l: 2 i ' , I i rrr' Spited.sealed • r livered in the press'r ,7t. a`\ i ,) '. i l I , W100601' i �r �/. Signature'.. A' :�..A. I Borrower catty Irk_^-C1/ark witness# .J..a.•Ill la. •IA .'� Signature: = a K 1 ',ID' ' a T;cEi t3t, 1-,k '.•'�� Signature �'1fJr�S+1 .__-, Address 2851 Eatey Avenue,#C-4 Naples, Florida 34104 STATE OF FLORIDA COUNTY Ofl� B.. I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Patty L.Clark,a Single Person to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed WITNESS my hand and official seal in the County and S • a•resaid this) day of _ .... • ,20 Oy My Commission Expires A,•-a/• " 4112.4 4/..i.....—.11. Note Public's Signature It (Seal) Notary's Pnnted Name ?'?!'.ri. .. Rhonda R.Kohley Y,_')M(.t6SlDN►CC1sys4 EXG:ES %'4,.; March i2 ICC) Fileit: 00-391 Packet Page -1209- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 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 Patty L. Clark to COLLIER COUNTY, recorded on 07/10/2000 in Official Records Book 2696, Page 1352, of the Public Records of Collier County, Florida, securing a principal sum of 55,000.00 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 - , 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY,FLORIDA B .DEPUTY CLERK TIM NANCE.CHAIRMAN Approval for form and legality: Jennifer A. Belpedio . Assistant County Attorney ``°/ti Packet Page -1210- 2642560 OR: 2681 PG: O 9 22/2015 16.D.3. tietn: �..-. . I5LAIfD TIT6i GUARANTT AGIMCT I RICORDID la tilt Oi[ICiAI RiCORD5 Of COLIIU MITT, t6 R9C !i9 15.00 PIC9 Df 00171!2000 It 02,10FM DWIGHT it 6RDCf, C4e11 DOC•.35 9.15 THIRD MORTGAGE THIS 1fIIRD MORTGAGE('Security Instrument")rs grvon on`_ MAY 251- 2000- the-third Mortgagor is RENATO GUTIERREZ AND ANA C. GUTIERREZ, HUSBAND AND WIFE Borrower, ens Security Insiruroent rs SP.*._ _ Coll i.r County.. ("Lender f, Which IS ergarilied and existing under the laws of the United Stales of America, and whose address is 2800 North Naples, rlorida 34104 . Borrower owes lender the sum of Two Thou•an!d Fiv• HOrtseahoe Drive, __ Hundrod Dollars and no/100 (U.S.f2,500.00(debt rs evxlenced by Borrower's No dated the Santa date as this Security ortg a Instrument("Second Mortgage l winch provides for monthly payments,with the lull debt if not pall earlier.due and payable on 81110 O_ proper , rut leaner or loss of hoas.e teed _...mgt ion . Arts Socu,ny lnstrun■ent secures to Lender rat the re Il _Y repayment of the debt eyidenced by lee Note with interest and all renewals extensions arid modifications lbl the payment J all other SUMS. with interest advanced under paragraph 7 to protect the security of the Securely Instrument.and(c)the performance Of Borrower S Covenants and agreements under Ihrs 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 and which has the address of As inure particularly described as Lot 13, Block 13 of NAPLES 8450 Martin St. MANOR ADDITION, According t PrupeityAdd+as0 Naples, FL 34113 tort plat thereof recorded in P1a 1 Book(`3,agPa(g�esCp677 ndC 68 t}� TOGETHER WITH all the improvements now or hereafter erected on the prone y.and all eaeecrne s..r ghrs.apou elan es.renlsr Or l da royalties mineral oil and gas rights and profits.water rights and stock and all fixtures now or hereafter a part of the propertyAll replacements and addurons shall also be covered by the Security Instrument Al!or the loregorng is referred to in Mrs Security Instrument as the"Property" 1`\ BORROWER COVENANTS that Borrower rs lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered.except for encumbrances of record Borrower warrants and will defend generally the tine to the Property against all clarets and demands.subect-to-atty-encuLhbtances of record THIS SECURI1Y INSTRUMENT combines unrrorar,-coonafitt toffiatrortal use and non-uniform covenants with limited variation by (1 IW l501L live to 6onsblute a undorrn security instrument covtri,Jeat-e+opat4.`._,ji,,,, ,, `�- UNIFORM COVENANTS Borrower aridf.e'bltOFcovenant and agree-as'totioWs, % I. Payment of Principal and Intaritt Pippaymertt and Late ChargeS:•_Bdtrower snail promptly pay wren due the ptincipal or arid interest un the debt evidenced by the Note / i OM 2. Taxes. The Mortgagor will pity all tares,aSseSSnla ts_seSSer writs or water rates prior to the accrual of any penalties or interest thereon �/ e t 1 all taxes and governmental charges of Tire Mortgagor shall pay or cause ld bS.paad,r at ha:CS,2rna SoeCtli fy_tyeCOnte d'ue;(Ajl 1 9 y may yr r, a{11 ty re?d air51 rWdh respect to the Property, 121 all utility and other an kind whatsoever which ma at an time/pig i' 1 �asft thecf,ol § . charges. Including"service charges', incurred;or impaa d tar the QperattCn natnteini3rrcel used occupancy. upkeep and improvement of the Property.and l31 all assessments or otinir gotrlr nentat thawe}MO naly lawfullrbe paid in_rnstellrrtenis over a period of years the Mortgagor shall he obligated under the Mortgage to.pay or.tatfsti 1'o-lib.--aid ctpty. uch ingalkgentS aware required to be paid during the term or the Mortgage and shall.promptly after the na,QRlettl of any of the tofegotng,rot Lard to Morigagui Vidence or Such payment 3. Application of Payments. Vrifeas applicable law provides orilreeerisei as pa,y,rient5 received by Lender shall De applied first to inlere5t due,and,to principal due,and Iasti:i .crpfDdylate charges due under tnl'.Ilntdte f ;'^ti, 4. Charges;Liens. Borrower shal}.pay.all taxes assessments Clfatges`tines end Impositions attributable to theroperty which may allan priority over this Security Insirurnehti and_easehold payments or ground rentfi`,.tt any Borrower shall promptly furnish to Lender all notices of amounts to be paid under this patagrapi_and.atL«,ceipts evidencmg.tr;eravplenI5 Borrower shall promptly dr5charge any IreliwhiptrhaS"prrerri5°dver('thiis Sepumly Instrument unless Bon over (a)agrees in writing to me payment of the obligation secured by the hen in a'tnannei�cceplablt-tiowlender.(bl contests in good faith the ken by.or defends against enforcement of the hen in,legal proceedings which ill the Lender#eStnton operate to prevent the enforcement or the Iren,or ter secures horn the holder of the lien an agreement satisfactory 10 Lender subordinating the her,to this Security Instrument If Lender determines that any part Or the Property is subject to alien which may attain pliant),over the Security Instrument Lender may give Borrower a notice identifying the lien Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of nonce 6. Hazard or Property Insurance. Borrower shall keep the improvements flow existing or hereafter erected on the Property insured against loss by rue.hazards included within the teinl extended coverage and arty other hazards including floods or hooding,for which lender requires Insurance This Insurance shall be nlatrtatited in the amounts and frig'oe periods st h tunreasonably Leader !ties e�ell8orower fare to providu,g the insurance shall be chosen by Barr Peer Subject ro Lenders approve main coverage described above Lender may at Lender's option obtain coverage to protect Lender's rights In the Property in accordance with paragraph 7 At all times dial the Note is outstanding the Mortgagor shall maaiinbtairr mesuraencse with respect es ee all wemoun @s riheS against l thereto including,risks and for such amounts as are custon.amy insured against and pay.as a 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.if appropriate).with a uniform standard extended coverage endorsement.including debris removal coverage Such insurance at all limes to be in an amount not less than the toll replacement Cost of the Premises evc!usive 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 note 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 ln0utance carrier and Lender Lender may make proof ci loss if riot made promptly by Borrower Unless Lender and Borrower otherwise agree in writing.insurance proceeds shall be applied to restoration on repair of the Property damaged if the restoration or repair is economically feasible and Lender's security is not lessened If the restoration or repair is not econeinically feasible or Lender's security would be lessened the insurance proceeds shall be applied to the sums secured by Inc Securty Instrument whether or not then due with any excess paid to Borrower If Borrower abandoylthe Property or does not aansswer wutnnia 10 days a nOLCe from Lender that the insurance carrier nas offered to settle a claim then Lender rno collect the insurance 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 m paragraph t or change the amount of the payments If unite, paragraph 21 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the aCquisd ion 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy.establish and use the Property as Borrower's principal residence within sixty days altar the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy unless Lender otherwise agrees In wnbng,whicn consent snail not be unreasonably withheld or unless erdenoatrng circumstances exist which are beyond Borrower's control burrower shall not destroy damage or impair the Property allow the Properly to deteriorate.or commit waste on Packet Page -1211- crcl. wo t 9/22/2015 16.D.3. or. cool r',• VODI the Property Borrower shall be In default if any forfeiture action or proceeding whether civil or cumrnal is begun that in lender's good farm fudgn,eml could result in forforiure of the Property'Jr otherwise materially enpau the hen cleatee by this Security Instrument or Lenders security interest NoruOwAr play Cele such a(intuit alto reinstate.as prorated me Paragraph te.by causing the action or proceeding to be dismissed watt a 'lIlreg that In l eider's good faith determination precludes forfeiture of the Bouower's interest in the Property or other material impartment of the ben created by this Security Instrument or Lenders security interest Boliower shall also be In detautt it Burrower,during the luau application process gave materially talse or inaccurate information or statements to t ender for farted to provide Lender with any material r nluniar¢m)in connection wah the loan evidenced by the Note Including but not limited 10,representations concerning Borrower's occupancy of the t'i uperty as a pinapal rus,deace Il I1115 Security Instrument is or leasehold Borrower shall comply with all the provision of the lease If Poi ower acquues fee title to the Properly the leasehold and Me tee tale shall not merge unless Lender agrees to the merger in writing 7, Protection or Lender's Rights in the Properly.If nemower lads to perform the covenants and agreements contained in thin „tty hrshu.he,n o, mere is a loga1 proceedaiy that nay srpnd,canlly affect tenders rights In the Property (such as a proceeding al uariv'nm'-y probate for cnridemnehOn 01 10411Ule 0110 enforce laws Of regulationsi,then Lender may on and pay for whatever rs necessary to muted ore value of the Property and I eider's 1191115 in the Property Lenders__churls may include paying any Souls secured by see which tias I'IIc,i■ty over this Security Instrument appeal nq in court paying reasonable attorneys'tees and entanng on the Pt operfy to make repairs Alurouyn tender may take action under ins paragraph 7 Lender does not have to do so Any amounts disbursed by Lender under this parayranli 7 shall become additional debt of Rorrbwet secured by this Security Instrument Unless Borrower and Lenoer agree to other terms of payment these amounts shall ben nderest hum the date of dlsburseatem at the Note rate and shape payable,with interest upon notice tutu I ender Io Borrower requesting payment a. Mortgage Insurance, 0 t ender regoavd raomiayo mswaneer as a co,drbon of',intone the loan secured by this Security ins .,m Borrower shall pay the p,erm,urns required to maintain the mortgage IttstllarlCe in etteCt It,lot arty reason,the mortgage insurance coverage.inquiet by Lender lapses or Ceases to be In etlect Borrower shall pay the ptentlums required to(Adam coverage substantrauy equivalent to the mortgage insurance previously in effect at a cost Stlbsiartlally equivalent to the cost to Borrower of the mortgage insurance previously III effect from an alternate mortgage nlsuler approved by lender It substantially equivalent mortgage insurance coverage is not ay__chute Bonowef shire pay to Lender each month a sure equal to one-twelfth of the yearly mortgage insurance preniwm being paid by Borrower when the insurance coverage lapsed or ceased to be ei effect lender will accept.use and retain these payments as a loss reserve ia r .,r mortgage insurance Loss reserve payments may no longer be required,at the option of Lender,d mortgage Insurance coverage tin Me he amount and fur me period hlai I ender requirest provided by an insurer approved by Lender again becomes available and is ubtareed Ftoriowe, 01.611 pay the taar mums 'squired to maintain mortgage r nwanco t, otfpct on to provide a loss reserve until the requitement for rnu,tgay,-■nsuiaece ends in accordance with any written agreement between Bort owe;and I ender or applicable law 9 Inspection. Lender re its agent may snake reasonable enures upon aria inspections of the Property lender shall give Borrower notice it the time Of or prior to an inspection specifying reasonable cause for the inspection 10. Condemnation. the proceeds of any award or claim for damages direct or consequential. in connection wltn any ion.e,,,,,ahen or other takuiy of any 000 of the Property.or fu_t_corivsyruice in 11011 of conJentnation are hereby assigned and-shall be paid to tender In the event of a total taking of the Property.the proleedsshall-be ed to the sums secured by this Security Instrument,whether or not then be with any excess paid to Borrowers hi)tl event,t�t.rpernarta i glr;i the.Property.In which the taurn value of the Property immediately belofe the taking is equal to or greaterft4r4ritralifount of ttiirtsw,wg!,'s�. uteri by this Security Instrument immediately before the taking unless Borrower and Lender otherwise)ig�tff't'+�amy the sums secured`byttlb iecurity Instrument shall be reduced by the anwurn of trio proceeds miulhpeed by the ruiiuw,ng fraction tSri' a total amount of the semi a ured hilt t edialely before the taking,divided by Pal the tar market value of the Property imrnediataly byefolefrctakini Any balance snail be Lima 10'Borrower In the event 01 a partial taking or the Properly on which the lair market value of the PltXpeity late ei0lt-rhe\akmg is is[man the amount or pie sumps scored immediately lot the taking unless Borrower and Lender otherwise agreeLm,,AtTPg or unless applicable law otherwise provides the proceeds shall he appimrl to the sums secured by this Seco/Ity In ttca-t"rvhetfr.or,.ncOileTSnrps;are-ittext•due tllntess Lender and Borrower otherwise agree to willing any application of proceeds to princrp trbhi,i iitliexte,nd'Sr�4POOL9 Ihp aue�1# r the Monthly payments re remed to in paragraphs 1 Of change the amount of such payments. t C 1 I I j ft---' C off 1 I 11. Borrower Not mindset,tFbrp.arrik_;,,.tortiBy�Lender Mot Waiver. rbkteinlrnnj of the time for payment or modification of ainortvatton of the sums secured by thle1SetigIty ttltiullle'11 yratlleft}"Venuer tlina■Yar sUG4gs90t In interest of Borrower shall not operate to release the liability of hie original Bonovter.p7r.Buuowers successors in Tterest fLOirdtri 5tititde not be rego,ied to commence pioceed,rys ay \ dentin any successor tot rime est or ref a try ;lterW bone tel payrnenl or Ofhxwise' noyli$y.,atn.ortitatton Of the sums secured by this Security insh.tnnatn by te� of any demm�d n ride�iyaF+e original Borrower or Ro`tidurel'S SuC�,CfSS`OfS in interest Any Forbearance Oy tE'rltlef Ifl exercising any right or term iedy shalt nut be a Walker bl,or preclude the ekercrse or-any/rr tlor'rernedy 12. Successors and Assigns Bouiul:,ponis.and Several Llabillty;Oti-S-iy'Vneys. The covenants and agreements of this Security lnsiiv ,enI slaw bind and ueneiit the successors aty'eaQr hits-et.Lender ad-A9 t,0wBt,ttlbisct to the Pr nv,s,ons of paragraph 17 Borrower's covenant;'10.d'g�eetpelltS,511�11(3.e.)>ynit'afld several Arty hpttowet why co-signs this Securty Instrument but does trot execute pie Note at is co-siynrng3ti.!5 SectitUy 1rt'S1t}.vesht wily to mortgage,grant and convey that Borrowers,ntetest Ill the Property under the terms of this Security tin5lruniern lb)t5 not personally obligated to pay the Sums secured by this Sed Ulhly Instrument and l:;agrees that Lender and any other Borrower may agree to extend modify forbear or stake any acconrr11OdaliOts with tsi and t0 tire ter ,of tits Security Instrument on the Note without Mat Bortowar's consent 13. Loan Charges. If the loan secured by this Security instrument 15 subject to a law roach sets rude more wan charges and met law is fatally interpreted so that the interest or other loan charges collected ui to be collected on connection with the loan exceed the permitted linens then tat any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and(bl any sums ati;rdy collected from Borrower which exceeded permitted!milts will he refunded to Borrower Lender may choose to shake thus refund by I udritilly Me le principal owed under rile Note or by making it direct payment to Burtower tr a fecund induces principal.the reduction will oe treated as a partial prepaynhenl 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 hrst class mad unless applicable raw required use of another metnod The notice shall be directed to erne Property Address or any other address BOrrbwer designates by notice to Lender Any nonce to l enact shall be gwen to Borrower or I ender when given as provided or this paragraph 15. Governing Law:Soverability I Ms Security Instrument shall be governed try federal law and the law of the tuhsdict On in which the Properly is located In the event that any provision or clause of this Security Instrument or the Note conflicts with appecable law. such conflict shall not affect other provisions ur this Security Instrument or t'iSNule which n c, be givers effect without the coraLcting provision 10 this er+t the provtsrons of this Security Instrument arid the Note are declared to be severable 16. Borrower's Copy. Borrower shall be given one contonned copy of the Nate and of tins Security Instrument 17. Transfer of the Property or a Beneficial Interest In Borrower It an or any part of the Property or any interest in n is sold or tiatslerred(Or if a benefinai interest in Borrower is sold or transferred and Burrower is not a natural petsonl without Lender's prior written consent I.ender may at its outgun require immediate payment ui full of all sums secured by this Security Instrument Howevethis option shall nut he exorcised by Lender if excuse is prohibited by federal law as of the dale of this Security Instrument If I ender exercised this option Lender shall give Borrower notice of accelerator the notice shall provide a period of not less than 30 days from ine dale Ili@ notice is delivered or maned within which Borrower must pay all sums secured by this Security Instrument It Borrower tags to pay these sums prior to „e exotratton of tins period Lender may invoke any remedies permitted by this Secunly Instrument without further nohcu or demand on Borrower 16. Borrowers Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have eelorcenient rut this :;ecutdy Instrument discmntrnued at any time prior to tee earner of or 5 days ice such other period as applicable law may specify for reinstatement)before saie or the Propety pursuant to any power of sale contained in this Security Instrument.or tb)entry of a Judgment enfori ing this Security Instrument i hose conditions are that Borrower tat pays Lender all sums which then would be due under this Security Insir unfelt(and the Note as if no acceleration had occurred,(bi cures alto default of any other covenants or agreements tot pays an expenses incurred in enforcing this Security instrument including.but not hunted to reasonable attorney's fees.and id takes such action as Lender may ie ..iabiy require to assure that the hen of this 9ecurdy Instrument.Lender's lights el the Property and 13or1ower'5 obhgahon l0 pay file sums secured by this Security Instrument shall continue unchangetl Upon reinstatement by Borrower this Secuny Instrument and me obrayahoan secured hereby shall remain fully effective as if no acceleration had occurred Flowevet this rght to teinstate shall not apply m the case of aCcrierattOI under paragraph 17 19 Sale of Note;Change of LoanServicer. The Note Or a partial interest vi the Note(together with the Security instrument)may be s71d one or more tinges without prior notice to Borrower A sale may result in a change or the entity(known as the"LoarSerutcte�r'1 that collects monthly payments dire under the Note ar Packet Page -1212- also may be one or more changes of the Loameivk;er 1 h cbn3ed we I ** OR 9/22/2015 16.D.3. unrelated to a sale or applicable law Ow,he notice will state the rand address of the be ew written notice of the and the address to which rpayn en sir sheuld bell 14 and app shoul be made The notice will also contain any other information required by applicable law 20. Hazardous Substances. Burrower shall not cause or permit the presence.use,disposal,storage or release of any Hazardous Sawa.,es on or or the Property Borrower shall not do.not allow anyone else to do.anything affecting the Property that is an violation r of quantities oe Fnvuonnienral Law the preceding two sentences shall not apply to the presence. use or storage on the Property of small Hazardous Substances brat are generally recognized to be appropriate to nermai residential uses and to maintenance of the Property Burrower shalt promptly give Lender written notice for any investigation. clamr demand. lawsutt or other action by arty governmental of regulatory agency or private party involving the Property and any Hazardous Substance 01 Enytrorrrtlentat Law of which Borrower has actual knowledue If Borrower learns or is notified by any governmental or regulatory yautttoiity, that rtyee Ievalao�co`hereintecao accordance Hazardous Substance atteCtulg the Property is necessary. [sorrowe, snarl t' take ail necessary 1:nyirurimental Law As used i,dos paragraph 20."ttniarduus Substances"are those substances defined at tOxiC Of hazardous Substances by E rwiturirnertlal Law and the following substances gasulute kefesene other flammable or toxic petroleum products, luxe: pesticides and herbicides. volatile solvents materials containing asbesrus or formaldehyde.and radioactive materials AS used in Ibis paragraph ZU."FnWronmemal Law"means federal laws and laws of the Jurisdiction where the Property i5 located that relate to health,safety or environmental protection 21. Acceleration; Remedies. Lender shall give notice to Borrower pilot to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument but not prior to acceleration under paragraph 17 unless appircabte law provides otherwise) I tie not r.e shall specify tat the default Ito the action required to cure the default.tci a date.riot less than;t0 days horn the date the notice is given b.,Borrower by wench the delimit most be cured.and Idi that failure to cute the default on or before the date specified it the notice may result in acceleration of the suns secured by this Security Instrument foreclosure by Judicial proceeding and sale of the Property 1 h notice shall fu■uer inform Borrower of the ugh(to reinstate after acceleration and the light to assert In the foreclosure proceeding the non existence of a default or arty other defense of Borrower 10 acceleration and ivleciosure li pre derana is not cured on or before the date specified In the notice.!ender.at its option may require immediate payment rn full of all sums secured by this Securely Instrument without further dernand and ray tu,orloae tins Seventy tnsuurnent byµWicial proceeding Lender shall be entitled to collect all expenses incurred lit pursuing the remedies evrdenu provided in this paragraph 71 including but not united to reasonable attorney sslees an't es`le or s ti leense rh,tlSacuruy Instrument without 22. Rele•oe upon naynrent or au , sums secured by rhrs S on charge to Borrower Borrower shall pay any recordation costs include attorneys'tees awarded 23 Attorneys'Peas As used in this Security Instrument and the Note "attorneys'tees Shall ao r by an appellate court 24, Riders to this SeCtrrtty Instrument. 11 one or more riders are executed by Borrower and recorded together with this Security Instrument the covenants and ag.een,ents of each sudr rider shall be incorporated info and shall amend and supplement the covenants and CLOY instrument tGneck Apphcabie Boo) e.areenr..nes of this Secnriy Instn,menl as if the ndet(SI We .-0 . yam,9 I.i I, rl_q'intpm Rider r- HJJuetabla Rate Rrdar r- Ral eXr_nProJVenl-fltdei�')•�....., 1p�'.) .1. /�f� 4 --,,,,,,.;:\. i t u�'1 4 Family Rider `,,i- Second Home Rider �)- trfaduated Payment ftlder f, / 1"N. ,,,, i- Baleen Rider •r ar Blweeln y ayntbtlt,EILIeI„))0 Plaroled Urvi t)e elopntent Po.der `"_.4.~a. 1 , �\ ,' Uthor(s)ispec ty 1 ' .1 t a I. I. I If i f ` { t l \ /t t r SIGNING BELOW.Borrower ar.cepts d g s t ti terns L1 dv4 alarms ont o of thre Security Instrument and In any riderts)executed by Burrower and recorded wet 1 ' !\e .,',p,. ��...�G ;. Signed sealed an delivered in thepbsencst' , r -� t i' , — a"V'i'i`, 1, - ,__._S.LL_r WnnessMt A'r Jay` ''J.k, WinessAl2 L ,.,.. �-�--- r nat.,e L?-� _ ` - Signature _ • .. /. f _,._testa Z:Gutierrez Renato Gutierrez Ronowac Address 5450 Martin St. Naples, FL 34113 STAlt OFFlorir'iA- cobra ry or-__C411 ier I hereby ceruly that on tilts day. bofine me an officer duly authorried u, brie state aforesaid and vt the County aforesaid In take feenato Gutierrez lV andnown a b9 tf,n person erre den and who exewted ma arknuwledgnren(s personalty appealed_ _ tt the foregoing instrument and achni:wredged before ire that HE/SHE__-executed the sane tut the purpose therein expressed WIlNI SS my hand and olticrai seal in time County and State aforesaid this 25t-ttday of M X)-2000 My Commission Expires f ---- -_-•1---_---` Notary Publics Signature Notary's Prided Name OFFICIAL NO Py CFAt i:,I=AL) HEIDI MALEI rnt)ksl NOTARY PUBLIC STATE OF FLOMOA COMMISSION No.CC891.2(1s MY031ALISCIONcity nu,) ,. , Packet Page -1213- ccbo3ed wt 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 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 Renato Gutierrez and Ana C. Gutierrez to COLLIER COUNTY, recorded on 05/31/2000 in Official Records Book 2681,Page 0853,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 - , 2015,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK OF COLLIER COUNTY. FLORIDA By:_ — --- - DEPUTY CLERK TIM ACE, CHAIRMAN Approval for form and legality: s - - - -- Jennifer A. Beipedio .. , Assistant County Attorney Packet Page -1214- r 3080268 9/22/201516.D.3. RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. !L SECOND NORTt3Af}E 11/18/2002 et 09:34AM DEIGET B. BROCE, CIERE OELD 2500.0C RIC !EE 15.00 THIS SECOND MORTGAGE('Security Instrument')is given on November ,2002. The Second Mortgagor is: DOC',35 8.75 Retn: Michael J.Scott,A Single PersorpOLLIER COUNTY TITLE pCO ("Borrower'). This Security Instrument is given to Collier County 11725 al J lr R is organized and existing under the laws of the United States of America,and whose address is 3050 North ItorWit Suits 275, Naples, Florida 34014 . Borrower owes Lender the sum of Tiro Thousand rive Eundred and No/100ths Dollars(U.S. 6 2,500.00 ). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument('Second Mortgage'),which provides for monthly payments.with the full debt.If not paid earlier,due and payable on sale of property, refinance, or lose of homestead exemption . This Security Instrument secures to Lender(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as The East 75 feet of Tract 55,Golden Gate Estates,Unit 46,Collier County,Florida and which has the address of: ('Property Address"): 3445 66th Avenue NI., Naples, Florida 34120 1&.,,,, .c•,, I54001 I21131 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights.appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the'Property'. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unitorn covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and z 2?Wrest on the debt evidenced by the Note. i 7 - INI Leon. 2. Taxes. The Mortgagor will pay all taxes,essesSmaris, ewer-fierit6 of water rates prior to the accrual of any penalties or interest The Mortgagor shell pay or cause to be pal As De'same respectively }becUnessJhe,(A){1)all taxes and governmental Charges of any kind whatsoever which may et any time be lawlully'assessed or levied against or with t�spect�to the Property,(2)all utility and other charges. including'service charges',incurred or imposedAor the`gperetionrmaintenance,use,occupancy,upkeep and improvement of the Property,and ;if(3)all assessments or other governmental charges that may-leKtully Ee paiiGir fristaliments over,a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid onjy succ'binstaliments as are requited to,be paid during the term of the Mortgage,and Pj shall,promptly atter the payment of any of the/foregor> forivgr ltt3 lerf gee ev gerige�)�ir�auch payment. i 3. Application of Payments. Unless ap)lic3ble)ie,4v provide$$dthatwise,ikll pd(.rnents received by Lender shall be applied:first,to '9-ii; interest due;and,to principal due;and last.td,any tete the s duefunifat t Note. �.-. j 4. Charges;Liens. Borrower shall Payrall - ,'asse rat es,tinesrend jr tppsitions attributable to the Property which may attain priority over this Security Instrument.andtga5ehoid payments or ground rents,if any/Bbrrbwer shall promptly lumish to Lender all notices of amounts to be paid under this paragn}pki.\and all receipts evidencing„ a payrmerits-f/ Borrower shall promptly discharge any"lietihvhich has priority over thisS'ecuntyAnsfrttment unless Borrower(a)agrees in writing to the payment of the obligation secured by the lien ir(airimner acceptable to Lender;-(bYcgnteits in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which nithe`egders opinion operate-tOprpvei1t the enforcement of the lien:or(c)secures from the holder of the lien an agreement satisfactory to Leritlq(,, ibo dint g thg.lienjb4hiS$$e urity Instrument. It Lender determines that any part of the Property is subject to a lien which may attain priority,over the Security oStrurget1i,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actiPiis-setlogLabovereiiihin 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term'extended coverage'and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. 11 Borrower fails to maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto. Including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires.Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss.Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Properly or to pay sums secured by this Security Instrument,whether or not then due. Tne 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lenders good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lenders good faith determination,precludes forfeiture of the Borrowers interest in the Property or other material Impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default it Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by th- " - ' '' ` .1o,representations concerning Borrowers occupancy Packet Page -1215- 01 9/22/2015 16.D.3. of the Property as a principal residence. N this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. It Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lenders rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protere the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'tees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. B. Mortgage Insurance, If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. It substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve In lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or Its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property.the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone.the-due:Gate-ot_the monthly payments referred to in paragraphs I or change the amount of such payments. � 11. Borrower Not Released,Forbearance.SytebdIr-Notf11Metver-'. +rteitsion of the time for payment or modification of amortization of the sums secured by this Security Insttimest'granted by Lender Ioyagyy successor in interest of Borrower shall not operate to release the liability of the original Borrower or Boptr ere/successors in interest. Lender shaft not be required to commence proceedings against any successor in interest or refuse to extend time-fer- ayment or otherwise i iy amiortizatron of the sums secured by this Security Instrument by reason of any demand made by the onginat49orzower or e7s successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a Waiver/of or preclude_tba-dxercise of any nghf\or remedy. 12. Successors and Assigns Bound;JOIST Sfveretti OigniFit;The:covenants and agreements of this Security Instrument shall bind and benefit the successors and assign oft LeiadM art Borower'subject to the Provisions of paragraph 17. Borrower's covepantsand agreements shal4 ant and ssveral.Arty Borrower who co-signs this Security Instrument but does not execute the Note;(a)is oksiglprgihts.SgCurlty menttlnly90 m5`rtgage,grant and convey that Borrower's interest in the Property under the terms of this Security,liTattument;(b)is not personally obligated tp pa`y the sums secured by this Security Instrument: and(c)agrees that Lender and any other Borrowar.may agree to extend,moditsleforbeer or make any accommodations with regard to the terms of this Security Instrument or the Note without that;8orrowers consent. ?G'-c 13. Loan Charges. It the loan secured.by`this Security Instrument is subleof tp a law which sets maximum loan charges,and that law Is finally interpreted so that the interest or oche loarrchaWes collected or to be-colleclert in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reducedpq;(he mount necessaryloredUci the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted li it tb-wdkbe'redeil,tq:Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct-pimitintl •.Borrower. If a refund reduces pnncipal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or If a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without 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 it exercise is prohibited by federal law as of the date of this Security Instrument. It Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a penod of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period.Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 7e Anrmuur'r.OinAa rn Qainahh if Rnrmuror moult rartain rnnrritlnnc Rnrrnwar choll have the rinhr in have enforcement of Ihic Security Instrument discontinued at any time prior to the earlier of (a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)oays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lenders rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without poor notice to Borrower. A sale may result in a change in the entity(known as the'Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do.nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized I ntiat uses and to maintenance of the Property. Packet Page -1216- w a..a. * w ••x_9/22/2015 16.D.3.• 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. It Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,'Hazardous Substances'are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,'Environmental Law'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,'attorneys'tees'shall include any attorneys'tees 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 Secuhty Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider . ❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider ❑Balloon Rider ❑Weekly Payment Rider ❑Planned Unit Development Rider ❑ Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the leant.artff; t.reFa7 tsZCptrlained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of. '` �{�-" � 4 WitnessMt: , �� _. 'St9naeura: 12tt' -C't - ; / = Borrower ', Niohae' J. Scott Signature: l j ',C r Witnesse2: i}-Liz(-. E Signature' Borrower 7"- Signature'i�� Address 3443 66th Avsnue NE. Ni 1 a, Florida 34120 STATE OF FLORIDA COUNTY OFC_ .Li E ar E ~ I hereby certify that on this day.before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Michael J.Scott to me known to be the person(s)described in and who executed the toregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this (fir day of MIX)t,b'.i, 20C2'0--r (J; VICTORIA OIANN WALTERS i Notary Public's Signature MY COff IISSION e Cr,-).. Notary's Pnnted Name File#: 03-070 Packet Page -1217- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 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 Michael J. Scott to COLLIER COUNTY, recorded on 11/18/2002 in Official Records Book 3155, Page 2150, of the Public Records of Collier County, Florida, securing a principal sum of S2.500.00 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 - , 2015. Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK CLERK OF COLLIER COUNTY. FLORIDA DEPUTY CLERK TIM NANCE. CHAIRMAN Approval for form and legality: Jennifer A. Beipedio Assistant Cour,ty Attorney Packet Page -1218- 3860825 9/22/2015 16.D.3. L11 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 1 06/23/2006 at 07:49AM DWIGHT B, BROCK, CLBRE SECOND MORTGAGE OBLD 18000.00 • OBLI 18000.00 RIC F11 27.00 DOC-,35 63:00 Retn: CBBFFY PASSIDONO ET AL 821 STB AVO S 1201 NAPLBS FL 34102 THIS SECOND MORTGAGE("Security Instrument")is given on June ,2006. The Second Mortgagor is: Virginia D.Manderscheid,A Single Person ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive, #400, Naples, Florida 34014 . Borrower owes Lender the sum of Eighteen Thousand and No/100ths Dollars (U.S.$ 18,000.00 ). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"), which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. 404-Uttil T tt/c 1, e01-72,-)Jcc( Pict ce_ As more particularly described as UNIT 104,BUILDING 4,BOTANICAL PLACE,A CONDOMINIUM,ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF,RECORDED IN OFFICIAL RECORDS BOOK 3933,PAGE 2655,OF THE PUBLIC RECORDS OF COLLIER COUNTY,and which has the address of: ("Property Address"): 4500 Botanical Place, #104, Naples, Florida 34112 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. _; D tie firegoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lsv fully kei ed`oftIie stete"bereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbeved;except for enbaru"braric es•of record. Borrower warrants and will defend generally the title to the Property against all claims and demapds,ubject to any encumbr:ahceskofrecord. THIS SECURITY INSTRUMENT combined-tciiform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrUmenf`coveriny,eal roperty.,_ \ UNIFORM COVENANTS. Borrowerand Fender-.covenant an agfeetas follows: 1. Payment of Principal and Interest;Pre,aymentnd'Late Charges.-Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 's-,,;�1 2. Taxes. The Mortgagor will pay fall takes,fasselssments,SeiveG.iepts©r vlater rates prior to the accrual of any penalties or interest thereon. i (i_ The Mortgagor shall pay or cause tb''be paid;: thesame-respactvely became due,'(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be Iawftilly,assessed or levied agairigt or with respeLTto the Property,(2)all utility and other charges, including"service charges",incurred or imposetffdrdhe operation,maintenarp)e;use,occupancy,upkeep and improvement of the Property,and (3)all assessments or other governmental charges that may lawfully be paid T nstallmer$,s aver a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to'berpaidt only such installments aS-ere required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing;forward to Mortgagee evidet ce.Of such payment. 3. Application of Payments. Unless applicable lawpravides otherwise;.albpayments received by Lender shall be applied;first,to interest due;and to principal due;and last,to any late cha[ges`t Ue7ugdefthwNo e`' 4. Charges;Liens. Borrower shall pay all taxes,assessments.charges,fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 6. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore lthe 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 lof the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damac e Property to deteriorate,or commit waste on the Packet Page -1219- i 9/22/2015 16_D.3. Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lenders good faith determination,precludes forfeiture of the Borrowers interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially'false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lenders rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take actiqn under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become addii Tonal debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts sh I bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requ ting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums-secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums5ecyre&byi hi ectirity Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount`of the aUms-seeiir t(m,` lately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any b faik.e r1 Il be paid to Bo>srower.tlxf the event of a partial taking of the Property in which the fair market value of the Property immediately/before-the taking is less than the'amBun'tof the sums secured immediately for the taking, unless Borrower and Lender otherwise agree ig writing or_tuiless_applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not,the'siinia are then ue.4 hless Lender and Borrower otherwise agree in writing,any application of proceeds to princ(pal shall not extend or postpo?ie the-due date df the mort(hly payments referred to in paragraphs 1 or change the amount of such payments. r,'-"' i -�, •ti -‘,,k—',..' ¶7 11. Borrower Not Relleased,Forbearance Btt1enddenNot a weiver.tEension of the time for payment or modification of amortization of the sums secured by this Sdcurityilnstrumeint 9rarited/by Vender tb ane successor in interest of Borrower shall not operate to release the liability of the original Borrower erpi'Bo(roweds 5occesaoj8 Itf interest. )''sender ettaif not be required to commence proceedings against any successor in interest or refuse to eiitendliFr a for payment or dtj}erwise`modifyatnortization of the sums secured by this Security Instrument by reason of any demand made byihe original Borrower or Borro yter's successors'in interest. Any forbearance by Lender in exercising any right or remedy Shall not be a w.a verof or preclude the exerci f any rgnt or remedy. 12. Successors and Assigns Bound aJnint and Several Liability;Co?Sigrievss The covenants and agreements of this Security Instrument shall bind and benefit the successors'and,as8igns of Lender and Borrower,`subject to the Provisions of paragraph 17. Borrowers covenants'atid•^;Sgreements shall bejoiot ndy'several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this lec'unty`Irrstrumenf-only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrumentt`(b)j5riot Personally—Obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to exte e,m,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower,which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal taw and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copyr Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Securiy Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 1 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer')that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of be given written notice of the change in accordance with Packet Page -1220- *** 9/22/2015 16.D.3. • paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,!or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affectingi the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Lath'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may requirie immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider -- ❑Second Home Rider ❑ Balloon Rider Biweekl P CO., t71.--- ❑ y ayp,ent --- Rlanned Unit Development Rider ❑Other(s)(specify 'i€ '"// `mss ', / /7._--, SIGNING BELOW,Borrower accepts and agrees td the,lexms anc7—covBrrants contained,in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. yam.' `, _�,r----, Signed,sealed and delivered in the presence of f t 1 l ',/, � - �t' f I i - Witness#1: ^,;t, ` Sign5Lre: �I, 'r Borrower i i'irgania D. Manderscheid Signature: -"'' ./'i— ^�.` Witness#2: Signature: `' •, Co-Borrower./'-- ,/ Signature i °--4ddiess''4500 Botanical Place, #104 Naples, Florida 34112 STATE OF FLORIDA COUNTY OF 00((I L°r I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Virginia D.Manderscheid to me known to be the person(s)described in and who executed the foregoing instrument and acknowiedged before me that(He/she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid'■is d� ay 0 -A.,_ ,2014/2 My Commission Expires: ,AA A•� i fi i_ — _ - __ - - otary Public.Signature (Seal) :::,fie KRISTINA LYNN UNKRICH i` NMbry Pubfic-Steed Fbrida otary's Printed Name • " 3�Ay Commission Expires Mar 18,2009 -�-e5 Commission M DD 390210 `"0 t." Banded By National Ndary Assn. File#: 05-030 Packet Page -1221- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 3339 E."I'amiami 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 Virginia D. Manderscheid to COLLIER COUNTY, recorded on 06/23/2006 in Official Records Book 4060, Page 0932, of the Public Records of Collier County, Florida, securing a principal sum of$18,000.00 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 - , 2015. Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK.CLERK OF COLLIER COUNTY.FLORIDA By: By: . DEPUTY CLERK TIM NANCE. CHAIRMAN Approval for form and legality: Jennifer A. B 1pedio Assistant County Attorney Packet Page -1222- - arc rteturn To: Action Title Services 9/22/2015 16.D.3. 3733 Tamiami Trail North pOC-,35 157.50 Naples, FL 34103 File: '20160106f/05— SECOND MORTGAGE Retn: 4194673 OR: 4382 PG: 1037 ACTION TITLE CO RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL PICT, UP 07/29/2000 et 01:07PN DWIGHT B. BROCK, CLERK L- THIS SECOND MORTGAGE("Security Instrument")is given dn5t Y ?.�,2008. The Second Mortgagor is: C. ?� Geminee Youniand Barbara ICalaPtiatitarYklatIdaPlii M. Bullock—Young, married ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Forty Five Thousand and 00/100 Dollars ($45,000.00). This debt is evidenced by Borrower's Note dated the same date as this Security instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Golden Gate Est Unit 63 W 105FT OF TR 34 OR 1725 PG 426,Collier County,Florida and which has the address of: ("Property Address"): 2505 41°C Ave NE, Naples, FL 34120 EE ATTACHED EXHIBIT r TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All 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 seited of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,exce,jfo ncumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subje_1e pay rriri� raoces of record. THIS SECURITY INSTRUMENT combines uiaifprrlt co5e+abLg'Sp%-riatitlnal'use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrumept'coyertdgreal property St UNIFORM COVENANTS. Borrower an¢'f. n'ter covenant and agree as fellows: 1. Payment of Principal and Interes,Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. // / 2. Taxes. The Mortgagor will pay all taxes,as'lessments sewer rent or wateiirates,prior to the accrual of any penalties or interest thereon. / , �--�,r .,,� �A., �_;r' c7, The Mortgagor shall pay or cause tp be id/sYl1e seine resiiedtivel).becorrIe due,(k)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawful)(asCessep of leviedia a pst'r vaith tespect tolthe Property,(2)all utility and other charges, including"service charges",incurred or imposed;fp"kthe`gp`aretiipn�main erlsnce,use occupancy,upkeep and improvement of the Property,and (3)all assessments or other governmental charge$thft'tffay IaWftffy be"fsalf in insiatlmients�,ovei-a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause\to be\paid only such installments as are requiredito be paid during the term of the Mortgage,and shall,promptly after the payment of any of the Torgaing,forward to Mortgagetevidence`ouch payment. 3. Application of Payments. Unlessia(iplicable law provides otheruvise..alLpayments received by Lender shall be applied;first,to interest due;and,to principal due;and last,to anylate harges due under the Note,:c '-'/ 4. Charges;Liens. Borrower shall pay s assessments,chalges,`Gries'and impositions attributable to the Property which may attain priority over this Security Instrument,and leaseh'at payrrfe e-or rtSGr 'rewts�if any. Borrower shall promptly furnish to.Lender all notices of amounts to be paid under this paragraph,and alhreceijris ev.Ldetr'iing a payments. Borrower shall promptly discharge any lien which has pn ve"r this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or oti created by this Security Instrument or Lender's security Packet Page -1223- On. Ants') nn. 1A1A 9/22/2015 16.D.3. interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrowers interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. B. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sumssecured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balanceeheil-b ajd to grrewec In the event of a partial taking of the Property in which the fair market value of the Property immediately before tfieltaWr±gj57ess tht &O ;.aihqunt of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing,:or'unIess applicable law tier vine provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or notibe eUms are then due. Unless'a(lerand Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or;Oostpon_etthe due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Fobbearand By tender Not-a Waiver:. Extension of the time for payment or modification of amortization of the sums secured by this Security In5trurneet.grefted b0 a de to-eny euccesser in interest of Borrower shall not operate to release the liability of the original Borrower or Borrbwe,'''s 3tlgcessors"in nf4rest.1 tlender:Shall ndt be required to commence proceedings against any successor in interest or refuse td extend time for payment ei otfierWise;modify amortization of the sums secured by this Security Instrument by reason of any demand made bykhel<origrea,h$bt;rover or Borrowers successors-iniinterest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver ofvrpreclrTdethe e'a of arty ght'otrernedy. 12. Successors and Assigns Bound,;.Joint and Several Liability,CoSigne, The covenants and agreements of this Security Instrument shall bind and benefit the successors and,assigns of Lender and Bilkffewer,sdbject to the Provisions of paragraph 17_ Borrower's covenants*d,agreements shall be ioiht`aptl several Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is cosigning this Security InstrumenLoply"to.mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrucetltt(b).is not personally-obligated-10 pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower ma 1 y y��ree't)d eifternf;°piodi�y;forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowe's..pbizse)iti_,:`13. Loan Charges. If the loan secured by this Security Th'strljmcni its subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to wnich payments should be made. The notice will also contain any other- e law. Packet Page -1224- 9/22/2015 16.D.3. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but riot prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider ❑Balloon Rider ❑Biweekly Payment Rider ❑Planned Unit Development Rider ❑Other(s)(specify / `}--1--,-:7_,- lT ` '.j' T\, 1 `I- //ii \,,,,4:0 2 \ SIGNING BELOW,Borr• er accepts and agreey'td the.terms and covenants contaq d iri'this Security Instrument and in any rider(s)executed by Borrower and record'd with it. / `y / \ Signed,s- ed and erect in the presence/of: / ..- ,,c• ---\ 1 \\ Witne -•1: �1 r"� 1 '/ ! 4 �l1 Sfgriat}M:r ` J`.�/0 11BprroWei `) - 'ineie,,". Signal r:. A ��,.`,)`\. v-.'Ar '`..-.J=jl�,- _^, 4 Witnes"' .f/ . RWa....�....-^°`� Signature;✓! _ . Co-Borro!er ' Ba, bara •.. ,. ''' ock-Young Signature: ;`----Addres-:',250.1.41" Avenue NE _,. i.f=� (Jy ^_'Naples, Florida 34120 STATE OF FLORIDA V COUNTY OF ✓L -1t.........— I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take N. Bullock-Young acknowledgements,personally appeared Geminee oung and Barbara'Comm to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they) •xecuted the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State afo _ 1;day of etc-tL� ,20 C p . My Commission Expires: N. I— Notary Public'stur- (Seal) Notary's P' ted N.11- .0,,,,•Q, Notary Public State of Ronda Alejandro M Pelham U d•" My Commission DD397153 N ortn expires 04110/2009 File#: 08-115 Packet Page -1225- *** OR' 4, 9/22/2015 16.D.3. File No.: 208060005 EXHIBIT A THE WEST 105 FEET OF TRACT 34,GOLDEN GATE ESTATES,UNIT NO.63,ACCORDING TO THE PLAT THEREOF,OF RECORD IN PLAT BOOK 7,PAGE(S)63,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. C,0 \, 2 ,r \ \ , Packet Page -1226- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 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 Geminee C. Young and Barbara M. Bullock-Young to COLLIER COUNTY, recorded on 7/29/2008 in Official Records Book 4382, Page 1037, of the Public Records of Collier County, Florida, securing a principal sum of 545,000.00 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 - ,2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK OF COLLIER COUNTY.FLORIDA By: By: DEPUTY CLERK TIM NANCE,CHAIRMAN Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney iI Packet Page -1227- �1 9/22/2015 16.D.3. • • • SECOND MORTGAGE • Retn: 4209688 011: 4392 PG: 3268 CH PIO0 TITLE 4 TRUST RICORDID in the OFFICIAL RICORDS of COLLIIR COUNTY; FL OBLD 19500.00 3700 LAKESIDE DRIVE #495 09/11/2008 at 08:18AN DWIGET E. BROCK, CLERK OBLI 19500.00 NIRANAR FL 33027 REC I 21.00 DOC-.35 68.25 THIS SECOND MORTGAGE("Security Instrument")is given on ,2008. The Second Mortgagor is' Joshua R. Bauer and Heather L. Bauer,a married couple ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Nineteen Thousand Five Hundred and 00/100 Dollars ($19,500.00). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Golden Gate Estates,Unit 82,N 75 FT OF Tract 115,Folio#40989560003,Collier County,Florida and which has the address of ("Property Address"): 1060 Everglades Blvd, Naples, FL 34117 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seized of the-estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered-eeice Jql ertcudiranCes,of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,stibjec`t to aFlyencvm'brance ,o zecord. THIS SECURITY INSTRUMENT combines uryfehyr%edvenants for nationat'usse and.,non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument ooverring real property. r UNIFORM COVENANTS. Borrower and/Lender.covenant.and agree as follows\ 1. Payment of Principal and Interest'Prepaydjgpt,and La`te'cttarges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. t \ 2. Taxes. The Mortgagor will pay all taxes'�e'S3`tnefl'ts=4setgiRWrer t wafers es prior to the accrual of any penalties or interest thereon. i Il, l u' ! '') I r The Mortgagor shall pay or cause to be paid,aS the same respe iv ry'beco(ie j ue (A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfUlfy aSsessedrorlevteit aggtr ,fl r withlesdectitQ"lhe Property,(2)all utility and other charges, including"service charges",incurred or imposed,farthe operation,maintenance;use occupancy,upkeep and improvement of the Property,and (3)all assessments or other governmental charges-that may lawfully be paid in inStallments,ovet a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be,paiel.only such installments as'"aie requir to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoiv)O,lorward to Mortgagee eviderrceo(such payment. 3. Application of Payments. Unless appticab)elaw,provides otherwise,all) merits received by Lender shall be applied;first,to interest due;and to principal due;and last,to any late'bttar,gesalue.under the Nett 4. Charges;Liens. Borrower shall pay all taxes;Nassessmentsr changes hrtes and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payriteritS,orgrouritrents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,liahtning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender.Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or i,nn,ir tha Prnr.ort„ ,ii,',,,,+h.Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture acti Packet Page -1228-r criminal,is begun that in Lender's good faith 0. 9/22/201516.D.3. judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shalt also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by thic_Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the-ao�oa securedrirni lediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shallSeplid.iq.`Bdcrgwer:th the event of a partial taking of the Property in which the fair market value of the Property immediately before tt te`king'is less than of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writinpri�br-Un1ess applicable law otherwiseprovides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not`the.u'ms are then due. Unless Lender and,Borrower otherwise agree in writing,any application of proceeds to principal shall not extend o osfone the•due.date_of.the month)y payments referred to in paragraphs 1 or change the amount of such payments. / / Y . 11. Borrower Not Released,Forbearance By Lendersict a WIfarver,,,Extensionpf the time for payment or modification of amortization of the sums secured by this Security Igqs�trumehi(�ranied by Leff r t0 any\sikcessoriin interest of Borrower shall not operate to release the liability of the original Borrower or Boro, ere suct:es¢orS in tnterBs 'Let derjshall not be required to commence proceedings against any successor in interest or refuse to e'(tena`{ime foc tsaytnent pr(otherwise rnodi y arnprtization of the sums secured by this Security Instrument by reason of any demand made by'(he p'Sidtri Borrdwerdr BbtrdWer's successots'�rr interest. Any forbearance by Lender in exercising any right or remedy shall not be a wave of or preclude the exerciseof any right or remedy. 12. Successors and Assigns Bound;Jdint and Several Liability;<go_Signers.^5-he covenants and agreements of this Security Instrument shall bind and benefit the successors•nd`assigns of Lender and Borrow subject.4o the Provisions of paragraph 17. Borrower's covenants artd'agreements shall be joint andseverat: Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security lnstrumenton)g'to•nortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrumentf(b)'B.potpersortally obligated to pay the sums secured by this Security Instrument and(c)agrees that Lender and any other Borrower may agree`toi @tdpnd.mbdily,`torbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent- 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security instrument. If Lender exercised this option.Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions.Borrower shall have the right to nave enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to.reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However.this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer')that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be(liven written notice of the change in accordance with Packet Page -1229- *** 9/22/201516.D.3. • •paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. • 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous -Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider, - ,� -,� `❑Second Home Rider ❑Balloon Rider ❑Biweekly Payrb @nt�RiF-— `{1?f need Unit Development Rider ❑Other(s)(specify t ' . 1.) N \ / SIGNING BELOW,Borrower accepts and agrees to the teMn9,a4d covenaniss'"ontained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. / f 'y / r^^ Signed,sealed nd delivered in the presence jf: � L ')y1 /� Witness#1: Lr_�� J{ ,/ 4 nature: J �, 1 ^- Borowe? . f !JoahuR.Bauer Signature:4 1.,2,•:,/, i/E H. it! A/1, '' fk. Witness*2 M• Signature p Co-Borrower/:E leather L. Bauer Signature: I lr1 �' ♦ y F• ,. _11.; i''1;`4_. -Abdress"1060 Everglades Blvd Naples, Florida 34117 STATE OF FLORIDA COUNTY OF I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Joshua R.Bauer and Heather L.Bauer to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the'same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid tK)Z7__day of ,20°d My Commission 011111111io uG tug �jhC pyG�k�,K,. YEIHMIgyii��� (Seal) SSL02009P9Fs•'. 5 Notary Public's reM /£,,'�H 14-'1 2: 9. :o ;\ a. Notary's Printed Name •o= • 42125 v. File#: 08-136 Packet Page -1230- 9/22/2015 16.D.3. Prepared by:Mande Moody Collier Count, Community and Human Services Divivsion 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 Joshua R. and Heather L. Bauer to COLLIER COUNTY, recorded on 09/1.1/2008 in Official Records Book 4392,Page 3268, of the Public Records of Collier County, Florida, securing a principal sum of S19,500.00 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 - 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: : DEPUTY CLERK TIM N^NCE. CHAIRMAN Approval for fora and legality: Jennifer A. Belpedio Assistant County Attorney Packet Page -1231- Retn: 4301268 OR: 4456 PG: 9/22/2015 16.D.3. FIRST AMERICAN TITLE RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL un" .tvuu.vv 7360 BRIAI DAIRY RD 6200 05/29/20.09 at 12:09FN DNIGBT B. BROCI, CLERK REC FEE 27.00 LARGO FL 33777 DOC-.35 10.50 • SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")is given on 20th day of May,2009. The Second Mortgagor is: Bettzaida Pantoja,a single woman ("Borrower'). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 B. Tamiami Trail, Naples, Florida 34112 Borrower owes Lender the sum of Three Thousand and 00/100 Dollars ($3,000.00). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument("Second Mortgage'),which provides for monthly payments,with the full debt, if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(C)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Golden Gate,Unit 6,Part 1,Blk 182,Lot 21,Collier County,Florida and which has the address of: ("Property Address"): 2693 53r° Street SW, Naples, FL 34116 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument coveringjeal-property,. UNIFORM COVENANTS. Borrower and Lender,.e6ventaatyr nc(agf faslollows: 1. Payment of Principal and Interest;Prepayment Sind-Late-Ohargai jBorrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay all taxeska.sessments,sewer rents or wafer rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,assame`mspectival`y,become'clue,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or'iwith respect lathe Property,(2)all utility and other charges, including"service charges",incurred or imposed fpf,th'. ratit n74ma rfFfo-.Nn ,i2 fi ci6 Dpancy„upkeep and improvement of the Property,and (3)all assessments or other govemmental cfvarge ?tha)mayflaysfully be pai(,lninsjallniehtsloverla period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such instelprt r is as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the(o'iegbip {onward-td Mbriga ee evidence,ofS0th;payment. 3. Application of Payments. UnleSs-applicable law provides othetavise,all paymeihtsreceived by Lender shall be applied;first,to interest due;and to principal due;and last,to anylate charges due under Ihet&ote. 1 j 4. Charges;Liens. Borrower shall pay111 taxes,assessments,char et,fineaarid impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents!if any,Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph;stirld ali.yeceipts evidencing the-payments. Borrower shall promptly discharoe any lien'W,hiCXhas-ppority over tbis'Seturi(ylnstrument unless Borrower(a)agrees in writing to the payment of the obligation secured by the lien in a mangerracxeptabraorgxnder 4b)contests in good faith the lien by or defends against enforcement of the lien in,legal proceedings which in the Lender'svpinion'ooperete to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shah maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate).with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrowers Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property.allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security merest Borrower may cure such a default and reinstate,as provided in paragraph 18.by causing the action or proceeding to be dismissed with a ruling that.in Lender's good faith determination,nrnni„rips I t,,,o nr trA R,rr,,wer's interest in the Property or other material impairment of the lien created by this Security Instrume Packet Page -1232-Borrower shall also be in default it Borrower,during the 9/22/2015 16 0.3. loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing_ 7. Protection of Lenders Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless-apLorf7!r�bie-law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the surns'are ti;011ess�`6ender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or pQst2one u€tate-of-f .in'nihly payments referred to in paragraphs 1 or change the amount of such payments. ; t.,J�-' 11. Borrower Not Released,ForbearancO.B,yLender Not a Waiver. Extet sionbf the time for payment or modification of amortization of the sums secured by this Security Instrument-greeted by Lender to any'successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers suceessoi merest.s Lender Shall not be required to commence proceedings against any successor in interest or refuse to extend time for pajtmenf of otherwise modify'amortization of the sums secured by this Security Instrument by reason of any demand made by the or na{ 3ocrowef or,Bo ells cceasors in'interest. Any forbearance by Lender in exercising any right or remedy shall not be a iikraiveilof preklude the fixer ise 9'f a>y right br remedy. 12. Successors and Assigns Bound Joint and Smiieral Liabil{�-r;Co-S grrers.I Theicovenants and agreements of this Security Instrument shall bind and benefit the successors andab(jgns'of 4lder,8ptf$orowec, crlbjedrtb!the Provisions of paragraph 17. Borrowers coveriartts and agreements shall be)oint and iseveiatny Borrower who co-signs this Security Instrument but does not execute the Note;(a)is,c'6 signing this Security Instrume nt only to mortgage,grant and convey that Borrowers interest in the Property under the terms of this Security Instrument;(b)is not personalljligated to,pay the sums secured by this Security Instrument, and(c)agrees that Lender and any other Borrowers(iay'agree to extend,modify,fdrteanor make any accommodations with regard to the terms of this Security Instrument or the Note without that Fiorroweis consent. _�i�•4 ,i 13. Loan Charges. If the loan secured by this'£ieci{nfyJPStrument..is sublect.to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges.collectedtorwto_be'Gd(ected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the`arnattht nece8sary"fb reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements (c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer')that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change m accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use.disposal.storage,or release of any Hazardous Substances on or in the Property. Borrower shall not d^ n^r°"^° °^ ^^°°'°°'^ ^nything affecting the Property that is in violation of any Packet Page -1233- *** ORr tidal; ni^_r 14;1 *t* 9/22/2015 16.D.3. Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,craft,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider ❑Graduated Payment Rider ❑ 1-4 Family Rider ❑Second Home Rider ❑Balloon Rider ❑Biweekly Payment Rider ❑Planned Unit Development Rider ❑Other(s)(specify t` for. E s SIGNING BELOW,Borrower accepts and agrees to the'femis -coverran s.caof8' ti,in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. % i'' 'r Signed,sealed and delivered in th presence of'! Witness#1gri a...'. �' rr / $tgnature: �O1 y i" ,---, Bgr*owPr? tzaida Pantoja Signature.in..�A - A i jr r i.f �J ; Witness#2: Co-Borrower Signature: P('1 SGi I la b O n Address: 2693 S3_a.'Street SW Nap e's.,/Florida 34116 STATE OF FLORIDA fs COUNTY OF COLLIER I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Betlzaida Pantoja to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State a resaid this ZOO day of may ,20 OC My Commission Expires. Note_ Public's a(Seal) 5IAA I• I, Notary's Printed Name z ",".„ LISA N.CARR 1:41:70,M. Notary Pubic-Slab of*. Y Commission Ex Jae 3,�2010 Carretasion t D0 491575 Bonded Woe* Assn. File#: 09-133 Packet Page -1234- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 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 Bettzaida Pantoja to COLLIER COUNTY, recorded on 05/29/2009 in Official Records Book 4456, Page 3455, of the Public Records of Collier County, Florida, securing a principal sum of 53,000.00 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 - .2015. Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: By: DEPUTY CLERK TIM NANCE, CHAIRMAN Approval for form and legality: `o Jennifer A. Beipedio Assistant County Attorney Packet Page-1235- INSTR 4423717 OR 4561 PG 1035 RECORDED 4/30/2010 9:35 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 9/22/2015 16.D.3. DOC @.35 $19.25 REC $27.00 OBLD $5,500.00 OBLI $0.00 • SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument')is given on day of ,2010. The Second Mortgagor is: Jason Wheeler and Jenell M.Wheeler,a married couple ("Borrower). This Security Instrument is given to Collier County ("Lender'),which Is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sumof Five Thousand Five Hundred and 00/100 Dollars ($5,500.00). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument('Second Mortgage'),which provides for monthly payments, with the full debt.If not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and at renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Nate. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Golden Gate Est,Unit 88,E 75 FT OF W 180 FT OF TR 104,Collier County,Florida and which has the address of: CProperty Address"): 3685 27r^ Avenue NE Naples Florida 34120 (Address) --- ---2 '1 ify (State) (Zip) TOGETHER WITH all the improvements nrnv or h aft et{sotgthe property,and all easements,ri tights,e fir g ppurtenances,rents, royalties,mineral,oil and gas rights and profits,water n tq,*id tock.anddf lbituredynpw,or hereafter a part of the property. All replacements and additions shall also be covered by the Se (ts,trvllaent All of the foreg'oing.')s4'etereed,to in this Security Instrument as the'Property'. BORROWER COVENANTS that Be 83dawtully seized of the estate hereby 9 &eyed and has the right to mortgage,grant and convey the Property and that the Property Is uieptufnbered,except for encumbrances ohewrd.'Borrower warrants and will defend generally the title to the Property against all clalrnswnd der Lands subject to any encumbrances of record. \ THIS SECURITY INSTRUMENT combines uniform covenaots„(gt„natipnal use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instivmer(t rioaedag real property.—‘1 UNIFORM COVENANTS. Borrower and Lender cov'vnant aril agree as fellows: ,\ 1, 1. Payment of Principal and Intetest;"P pymefty7111d.l..at t?l ges,�tS1TrAverthell promptly pay when due the principal of and interest on the debt evidenced by that Note.(/ / \t/ ( \ t, '14,0. / , 2. Taxes. The Mortgagor will pay jati taxes,assessments sewer r tsrar water rates prior to the accrual of any penalties or interest I f thereon. The Mortgagor shall pay orpause'to•be paulAss+tt)esameres cti become duk(A)(11)1ll taxes and governmental charges of any kind whatsoever which may at any tirnebeitawfulry"assessed or awed againsTpr with respect to fis tfoperty,(2)all utility and other charges, including"service charges',incurred or'irnpobed for the operation,maintenance,use,occupancy',upkeep and improvement of the Property,and (3)all assessments or other govemmehtilrha(ges that may lawfully be paid in fn/aaflmertls over a"perlod of years.the Mortgagor shall be obligated under the Mortgage to pay or cauaede.pe paid only such installments'ae life required to be,.paid during the term of the Mortgage,and shalt,promptly after the payment of any OT,I1,foregoing,forward to Mortgagee evldehceio(.suc h',)Sgyment. 3.Application of Payments. Uryegs applicable law provides otherwise,all payme tsreceived by Lender shall be applied;first,to interest due;and,to principal due;and last,tdany"lateettarges due under the Note./",.,^`y, ,,' 4. Charges;Liens. Borrower shall payall,taxes;assessments,charges,llnes`'and'lmposltions attributable to the Property which may attain priority over this Security Instrument,and leasehold paymegts..o`r ggroundients,`Iteny.'Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph arktet(recp'fptrevioeneiriih°i".;payments. Borrower shall promptly discharge any lien which ha'Spraotttyeo'lier..his'Security Instrument unless Borrower;(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the Tien to this Security Instrument tf Lender determines that any part of the Property is subject toe lien which may attain priority over the Security Instrument,Lender may give Borrower a notice Identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires Insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower tails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk Insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss it not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. tf Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the Insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree In writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property Is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default it any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed Packet Page -1236- OR 4561 PG 1036 9/22/2015 16.D.3. with a ruling that,In Lender's good faith determination,precludes forfeiture of the Borrower's interest In the Property or other material Impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default If Borrower,during the loan application process.gave materially false or inaccurate kdormatien or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note.including,but not limited to representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the lee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights In the Property. If Borrower fails to perform the covenants and agreements contained In this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights In the Property(such as a proceeding In bankruptcy,probate.for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may Include paying any sums secured by a ten which has priority over this Security Instrument,appearing In court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7.Lender does not have to do so. My amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shag bear Interest from the date of disbursement at the Note rate and shall be payable,with Interest.upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. if Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage Insurance coverage required by Lender lapses or ceases to be in effect.Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect.at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage Insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be In effect. Lender wit accept,use and retain these payments as a loss reserve In lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an Insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends M accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or Its agent may make reasonable entries upon and Inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the Inspection. 10. Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,ar for conveyarca4n-FFEOlirfelirnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds sha8'betitiltp i4d to are iiilase red by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event ofa(lartial(tai ihq�t-tlae-Igrapprty,Jri ichlhe fair market value of the Property immediately before the taking is equal to or greater than tha%urouht4the sums secured by-This; Tgstrument immediately before the taking,unless Borrower and Lender otherwise agree in wri)itirthe.Surfs secured by this Security Iristrom shall be reduced by the amount of the proceeds multiplied by the following fraction;(a)the/PeaMamotint of the sums secured Immediately,'b fore the taking,divided by(b)the fair market value of the Property immediately before the taking. Arty balance.shali be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immedlaterfy before the takirtg.ls.lesslbpn the,amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise'egree,in writ*oittlgless applicable lev0 otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether a not the sums ejethease. Unless lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not'paeti"d•.gr)tostptthe he,(i M2irtMli5ii•yrrp°aytnents referred to In paragraphs I or change the amount of such payments. 1 1,4 / '`4r'�' ;� � d ) ' 11. Borrower Not Released,Forbearance By Lende Not?e Wafver,..Extensiohwvf the time for payment or modification of amortization of the sums secured byiihis Security'Instrsnyent)grarited py�eatt,er to anyisuccessorin interest of Borrower shall not operate to release the liability of the original Borrower ct orraweris s ct cessors'inJhlerasL Lendet,sh3fl notibe regltired to commence proceedings against any successor in interest or refs se:iq ei(bitli time for ply inent OF' fie wise modi)y amortiztiehrof the sums secured by this Security Instrument by reason of any demand made,by the original Borrower or Borrower's successors in'Interest. Any forbearance by Lender in exercising any right or remedy shag not bas waiver of or preclude the exercise "any right or remedy/ 12 Successors and AssIgns.Bit,(tnet;Joint and Several LlabIllty;".00Migners.,The Covenants and agreements of this Security Instrument shall bind and benefit the succes,rs and assigns of Lender and Borrowet,.aitbjegfto Ole Provisions of paragraph 17. Borrowers coverients and agreements shall be joint and several°+Apy Borrower who co-signs this Security Instrument but does not execute the Note:(a)Js¢t&{igning this Security Instrumenttniy to xatgage,grant and convey that Borrower's interest in the Properly under the Terms of this Security lnstrurhent:(b)4...rot personally ob1igate$'to,pay the sums secured by this Security Instrument: and(c)agrees that Lender and any other Borrowerr[iay agree„to eden¢jiladity.ortieerer make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers ci>rstnt 13. Loan Charges. if the loan secured by this Sealrityinstnrmentltr subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit:and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without arty prepayment charge under the Note, 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;SeverabIllty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property Is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict that not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in to of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise Is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay at sums secured by this Security Instrument. It Borrower fails to pay these sums prior to the expiration of this period.Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at arty time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument.including,but not limited to,reasonable 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 Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Seri/leer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the-Loan Servicer)that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. if there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice wit state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. Packet Page -1237- *** OR 4561 PG 1037 *** 9/22/2015 16.D.3. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do.anything affecting the Property that Is In violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. K Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property Is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,'Hazardous Substances'are those substances defined as toxic or hazardous substances by Environmental Law and the following substances; gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used In this paragraph 20,'Environmental Law'means federal laws and laws of the Jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prier to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice Is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specked 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 shalt further Inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured on or before the date specified In the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred In pursuing the remedies provided In this paragraph 21,Including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees'shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. ff one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and '--'"' agreements of each such rider-ah ilrQrPbr>ned into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)'were a-pa f f this S)+ -instrpment. (Check Applicable Box) •❑Adjustable Rate Rider ❑Rate''I merit Rider ��CO�ngominium Rider ❑Graduated Payment Rider ❑144 am�ijy'12ider pifeccori4(Home Rider ❑Balloon Rider ❑Biweekly Payment,t Rider ❑Planned Unlit Development Rider Others)(specify ., \ \, / r \t SIGNING BELOW,Borrower accepts and agrees eterfn viflatds'oo')tairled tf th-Zecurity Instrument and in any rider(s)executed by Borrower and recorded with It. ,1` A '. { I ' g ! :i i i . . .. —r p r.e noe of: t •dn �r�sicJI.. Signature,,, efIy " _i i Borrower Jason,Wµhee`le r Signature: J // ' WdnasR2 r _ Signature. !/6 <T Co.Borro de0l1/M. Wheer Signature: / '4 [Addles. STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Jason Wheeler and Jenell M. Wheeler to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before Inc that(He/she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid thice ' day of r'1 I ,2010. My Commission Expires: ••••=s_' • icnattge./ :.a;�a ,,,, KATHLEEN MANGURrAN Notary Public•State of Florida .terys Printed Name•• My Commission Expires M 6,2011 ' �•'•x ' Commission#OD 62228 Bonded Throti hNational Notary Assn. File#: 09-235 Packet Page -1238- 9/22/2015 16.D.3. Prepared by: Mandy Moody Collier County Community and Human Services Divivsion 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 Jason Wheeler and Janell M. Wheeler to COLLIER COUNTY, recorded on 04/03/10 in Official Records Book 4561, Page 1035, of the Public Records of Collier County, Florida, securing a principal sum of$5,500.00 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 - , 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY, FLORIDA By: By: , DEPUTY CLERK TIM NANCE, CHAIRMAN Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney 4\\ ce Packet Page -1239- 9/22/2015 16.D.3. Prepared by: Mandy Moody Collier County Community and Human Services Divivsion 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 Santia!o and Patricia Ventura to COLLIER COUNTY, recorded on 01/23/1998 in Official Records Book 2382,Page 1023, 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 - , 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY,FLORIDA By: By: , DEPUTY CLERK TIM NANCE, CHAIRMAN Approval for form and legality: Jennifer A. Belpedio Assistant County'Attorney cDO-S' ``4,t, Packet Page -1240- 9/22/2015 16.D.3. Prepared by: Mandy Moody Collier County Community and Human Services Divivsion 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 Jason Wheeler and Janell M. Wheeler to COLLIER COUNTY, recorded on 04/03/10 in Official Records Book 4561, Page 1035, of the Public Records of Collier County, Florida, securing a principal sum of$5,500.00 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 - ,2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY,FLORIDA By: By: , DEPUTY CLERK TIM NANCE, CHAIRMAN Approval for form and legality': Jennifer A. Belpedio Assistant County Attorney �`� C�'O Packet Page -1241- INSTR 4553932 OR 4675 PG 2691 RECORDED 4/27/2011 11:31 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 9/22/2015 16.D.3. DOC @.35 $17.15 REC S27.00 OBLD $4,840.00 OBLI $0.00 Prepared by: Priscilla Doria Collier County Housing,Human&Veterans Services Dept 3339 E.Tamiami Trail,Building H,4211 Naples,FL 34112 SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")is given on day of ,2011. The Second Mortgagor is: Jose L.Casanola Rodriguez and Osladis Ramirez Del Sol,a married couple ("Borrower). This Security Instrument is given to Collier County ("Lender'),which is organized and existing under the laws of the United States of America,and whose address is 3339 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Four Thousand Eight Hundred Forty and 00/100 Dollars ($4,840.00). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Golden Gate Est,Unit 83,E 75FT of W 1B0FT pf TR11,Collier County,Florida and which has the address of: ("Property Address"): 3435 12th Avenue SE ples7.---. Florida 34117 (Address) '-T..J'\ State) (Zip) TOGETHER WITH all the improvements ridtf✓d'r ereafter erected on the p � property,'and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,whter nghts and stock and all fixtures naw or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All Of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is IavSTh11 Seized.of.the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencutnberedgexcegt'or iftsumbre eee,ot{ecord.'\Borrower warrants and will defend generally the title to the Property against all claims and demands,rsubleot to any encuisierances lrif ecord. THIS SECURITY INSTRUMENT cornbinels uniform icoVenantsifOr r8atrotialttse and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrumel t,coverfhi \realprgpetty 1 i UNIFORM COVENANTS. Borrower ancLiendercovendet gridayree_as foltriMr? P 1. Payment of Principal and Interest mpayment and Late Charges. Borowershall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay all taxes,:assessments,sewer rents'orwater,rates prior to the accrues of any penalties or interest thereon. b-% The Mortgagor shall pay or cause to be paid;,asdhe'sante respectively becoin2 due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed arleViertagainSt.plikittiereapect to the Property,(2)all utility and other charges, including"service charges",incurred or imposed for the operation,enaintertante,7tse,occupancy,upkeep and improvement of the Property,and (3)all assessments or other governmental charges that may lawful"bepattrin installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late charges due under the Note. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5, Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lenders security is not lessened, If the restoration or repair is not economically feasible or Lenders security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed, Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's f after the execution of this Security Instrument and Packet Page -1242- OR 4675 PG 2692 9/22/2015 16.D.3. shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attomeys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. B. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entrie¢_upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonabltuse'Rurtti`elnspection. 10. Condemnation. The proceeds of any ativail orikcliritior-daitis4lisipirriebLor consequential,in connection with any condemnation or other taking of any part of the Property,or for convey@@itCeit eu of condemn atiq.,Ore hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds'hb ll;be applied to the sums se bcedtby`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(air market value of the Property immediately before the taking is equal to or greater than the amount of)tt�e ssums•seeured-bythis Seculyty Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing',the sums ctTrt%d by-this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the tota4 amougbottbe surjs'aecuit_dtSrtrneidiately before the taking,divided by(b)the fair market value of the Property immediately before the taking.(Any slance\1halllbelpa't$0 Borrgwtir.'yryzhaever)t of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than-he atnotirlt of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree iii wniinQor_udless'applicabie`ew othet%vise proy+das,the proceeds shall be applied to the sums secured by this Security Instrument whether or`notdhe Sums are tttiiti dut*Iess Len3er and Borrower otherwise agree in writing,any application of proceeds to principal shall not extepd.or postpone the due date of:the mOnthhi,Payments referred to in paragraphs 1 or change the amount of such payments. =L- ^,I •11. Borrower Not Released,Forbearant'By Lender Not a Waiver: time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to apy,successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borowers_successors in interest—tentler•shall not be required to commence proceedings against any successor in interest or refuse to extend time.for payfneitorotli gatse'modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original 8orawar.b BorbvGhi ssticcessors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude tfie'exer'Tse of any right or remedy. 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrowers interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 113. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. Packet Page -1243- *** oR 4675 PG 2693 *** 9/22/2015 16.D.3. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. • 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's tees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument a h Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 7 r 24. Riders to this Security Instrument. If one4orror¢ 'tiers-ese pkecdYec('by Borrower and recorded together with this Security Instrument,the covenants and agreements of each seceder-Shall be incorporate-chi:d and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(eJHyere a part of this Security thstrUment. (Check Applicable Box) ❑Adjustable Rate Rider ❑Raterlmproverr1eot�tider Condominium Rider ❑Graduated Payment Rider ❑1-4 Famil F,id.fl ;_, ti .Second Home Rider ❑Balloon Rider ❑Biweekl 1a)'medGRider'I Planne�AJriit Development Rider ❑Other(s)(specify �; I �. ! � ' Nr -, d 1 SIGNING BELOW,Borrower accepts and agreestb the terms and covenants cvptained inethis'Security Instrument and in any rider(s)executed by Borrower and recorded with it Signed,sealed and delivered in the presence of `j r Witness#1: 'r,. Si�natyreZ r ..:.Borrower; Jos . Casanola Rodriguez Signature: /p' Witness#2: Signature: ((''�2 Co-Borrower Os1ad.kamirez Del Sol Signature: Address: 3435 12t5 Avenue Naples, Florida 34117 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Jose L. Casanola Rodriguez and Osladis Ramirez Del Sol to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid / J id this / day of rrL ,2011. ``` My Commission Expires: !J /l r Notaril Public's Signature (Seal) Notary's Printed Name °`�••" KRISTINA LYNN UNKRICri MY COMMISSION f D086,34: yi EXPIRES:March 18,2013 dl�8orr, � BTII!M Tin Fire#: 09-346 Packet Page -1244- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 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 Jose L. Casanola Rodriguez & Osladis Ramirez Del Sol to COLLIER COUNTY, recorded on 04/27/2001 in Official Records Book 4675,Page 2691,of the Public Records of Collier County, Florida, securing a principal sum of$4,840.00 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 - , 2015,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK.CLERK OF COLLIER COUNTY,FLORIDA By: By: -- DEPUTY CLERK TIM NANCE. CHAIRMAN Approval for form and legality: Jennifer A. BeI edio ‘, Assistant County Attorney \7".. Packet Page -1245- INSTR 4569906 OR 4688 PG 1662 RECORDED 6/3/2011 2:45 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 9/22/2015 16.D.3. REC $27.00 OBLD $0.00 OBLI S0.00 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")is given on.264day of (/ ,2011. The Second Mortgagor is: Eliseo Viamonte Vegas and Yolanda Oropesa Ortiz, a married couple ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3339 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Three Thousand and 00/100 Dollars ($3,000.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt, if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Lot 139, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida and which has the address of: ("Property Address"): 5428 27`h Ave SW Naples Florida 34116 (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 and.tock,.and..ajl fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument: 11 r tte—farggriingjs referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is,,lewfti(yAtiedad-ef4hr ttat44 hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencunitteretl:eicept for encumbragcee'of"record. Borrower warrants and will defend generally the title to the Property against all claims and demants;subject to any encumbran effrecord. THIS SECURITY INSTRUMENT combines urtiform cxvenants for national useand hen-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrrimentcover g realproperty_,j—,, UNIFORM COVENANTS. Borowerland bender covevha.ntand,agree a$follows:`. 1. Payment of Principal and Interest; repayment-art "Late,C hargei -13orrgwer shall promptly pay when due the principal of and interest on the debt evidenced by the Note. ! r / U( ( (` ) \i4/ 1, 2. Taxes. The Mortgagor will pay all taxes,assessments',sewwer,rerts or,water rates prior to the accrual of any penalties or interest thereon. i !` L ii�., 'u` /'' I i. The Mortgagor shall pay or cause to';be aid as the sa efi res ectivel become dti P Y "p p y e;i(!))(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawtu)iy,9ssessed or levied againsfprwithjrespektlothe Property,(2)all utility and other charges, including"service charges',incurred or imposed'(oethe operation,maintenant ritse/occupancy,upkeep and improvement of the Property,and (3)all assessments or other governmental chargey*tmay lawfully be paid in initaltreerttd'aver a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be,paid.onl)such installments as areu'ei turned to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregdigg,.torwart to Mortgagee.wVideede of such payment. 3. Application of Payments. Unless applicable law prewrt€S ttthetvpse'all'payments received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late chargesf)i eLnder th1`Note. 4. Charges;Liens. Borrower shall pay all taxes,assessments,,charges,fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or oroceedina.whether civil or criminal,is begun that in Lender's good faith Packet Page -1246- OR 4688 PG 1663 9/22/2015 16.D.3. judgment could result in forfeiture of the Property or otherwise materially impair the hen created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lenders good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attomeys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shalt bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage Insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applies(In 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.ofpe frgperfjy ittwhich the fair market value of the Property immediately before the taking is equal to or greater than the amount.ef. Surrts- cue epurity Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sumsseerrred by this Sec 1 OStunient shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total arridietohe sums secured immedtatelq'be(ore the taking,divided by(b)the fair market value of the Property immediately before the taking. Ariy balance shall be paid to Borrower.sip the event of a partial taking of the Property in which the fair market value of the Property immediate))'before )a takinglsless4bap-ttle amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or ess,,apgllcable law©therwise'provides,the proceeds shall be applied to the sums secured by this Security Instrument whether of not,ho-svnrs arejtiegdtie--{,role#,-LLenderend Borrower otherwise agree in writing,any application of proceeds to principal shall not extendror PoitiOnelthq due Idatelof ttit MovOt(iiy payrents referred to in paragraphs 1 or change the amount of such payments. i j I < _;t I 11. Borrower Not Released,Forbeeragke ILL:ender Nola Waiver. E�xten$ioniof4ht:time for payment or modification of amortization of the sums secured by this SecuribAlCsttument grarrtea b1Lenner to any suct svr in interest of Borrower shall not operate to release the liability of the original Borrower or Bp[Iriwers successors in interekf,;Lender shalt-not be required to commence proceedings against any successor in interest or refuse to eztetidtime for payment or other0Se modify,e3ortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors'in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver`of oripfeclude the exercise of apy.srightor remedy. 12. Successors and Assigns Bound;Jotnt..and.'Several Llabllity;C c Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns'bf grower;"subject to the Provisions of paragraph 17. Borrowers covenants and agreermenisdhall.b'e jot-end several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this S`ttinty1T1ittniment only to mortgage,grant and convey that Borrower's 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 Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If tnere is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with Packet Page -1247- *** OR 4688 PG 1664 "*" 9/22/2015 16.D.3. paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a pad_aLthis Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improyeti\erl r-----�, ,4i_❑Condominium Rider ❑Graduated Payment Rider ❑1-4 FamifyAider (21`$econd Home Rider ❑Balloon Rider ❑Biweekly 1,4yment Rider ❑Planned Unit Development Rider ❑Other(s)(specify / ;/ t \ SIGNING BELOW,Borrower accepts and agrees la the terms and doveriart s✓contamecLin this Security Instrument and in any rider(s)executed by Borrower and recorded with it. it ` ; j •) i i `Iti l\ Signed,sealed and delivered in the presence'bf- ', Witness#1: � CraJ/ !c�^�A Signature:7— Borrow >,EL.eeo Vi= .-ate Vegas Signature: ,` + —"AO/ j Witness#2: Q i ("Orr 1 LT l, �'�-:;Cb-Bpixowdr Yol. A Signature: ��'\ l Oropesa �D%9a Address: 5428 27CO Ave Naples, Florida 34116 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Eliseo Viamonte Vegas and Yolanda Oropesa Ortiz to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she!they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this--G'�/ 4 day of /Vie/ •2011. My Commission Expires: 9� ' Notary Public's$i ure (Seal) (/ I(7T/!R:'PUBLIC-STATE OFFLOy1DA Notary's Printed Name Craig R. Terpening @ Comm ission°DDS27341 �• Expires: NOV.15,2012 tun',ar7.A:mn ennr me co,rio SHIP Filers: 09-364 Prepared by: Collier County Housing,Human&Veterans Department 3339 E.Tamiami Trail,Bldg H,Suite 211 Naples,FL 341 12 Packet Page -1248- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 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 Eliseo Viamonte Vegas & Yolanda Oropesa Ortiz to COLLIER COUNTY, recorded on 06/03/2011 in Official Records Book 4668, Page 1662, of the Public Records of Collier County, Florida, securing a principal sum of$3,000.00 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 - , 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: By: ,DEPUTY CLERK TIM NANCE,CHAIRMAN Approval for form and legality: Jennifer A. Belpedio . Assistant County Attorney - c\\ G�- Packet Page -1249- INSTR 4576633 OR 4693 PG 2416 RECORDED 6/20/2011 4:30 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 9/22/2015 16.D,3. DOC @.35 $17.50 REC $27.00 OBLD $5,000.00 OBLI $0.00 • STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SECOND MORTGAGE THIS SECOND MORTGAGE(-Security Instru menf)b given on day of ,2011.The Second Mortgagor ts: Hilton Y. Cardoso, • mingle marl (Borrower).This Seamanly Instrument N given to Collier County (lender•),which N organized and existing under the laws of the United States of America,and whose address is 3339 E. Tamiaai Trail, Naples, Florida 34112 . Borrower awes Lender the sum of Five Thousand and OD/100 Dollars (95,000.00).This debt is evidenced by Borrowers Note dated the same date as the Security Instrument(Record Mortgage'),wrath provides for monthly payments,with the full debt. if not pad earner,due and payable en sale of property, refinance, or loss of homestead exemption . This Security(nstnnnem secures to Lender(a)the repayment of the debt evidenced by he Note,win interest and ell renewals,ealens,ons and modltcGOa:(b)the payment Wall other sums,with Interest advanced under paragraph 7 to protect the security of the Security tretrunent,and(e)the performance of Bonrtweh covenants and agreements under this Security Instrument and the Note.For this purpose, Borrower does hereby second mortgage,grant and convey to Lender the Miaowing described properly located In Collier County,Florida. Amore particularly described as Golden cats Unit 6 015 196 Lot 13 Public Records of Collier county, Florida and which has the address of ('Properly Address'): 2201 S1x` Street SH Naples Florida 34116 (Address) (City) (Slate) (Zip) • TOGETHER WITH all the Improvements now or hereafter erected on the property.and all easements,rights,appurtenances,rents, noyahies.mineral,oil end pas rights and profits,water rights end stock and all futures now or hereafter a part of the property.At replacements and additions shall also be covered by the Security Instrument AS of the foregoing Is referred to In this Security Iremmmnt as the'Property. BORROWER COVENANTS that Borrower b lawfully seized of the estate hereby conveyed end has the right to mortgage,grant and convey the Property and that the Property Is unencumbered,except for encumbrance of record.Borrower warrants and will defend generally the title to the Property against an derma end dements,subject to any erramhprances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument coveting real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal and interest Prepeymant end Lau Charges.Borrower shaft promptly pay when due the principal of and Interest on the debt evidenced by the Note. 2.Taxes.The Mortgagor will pay at taxes,ansenem ants,sewer mete or water rate,prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid.as the same respectively become due.(A)(1)en taxes and govemmental charges of any kind whatsoever which may at any time be lawfully assessed or kyiW-sgaieot r with respect to the Property.(2)all utility and ether Barges. Including'service charges-,incurred o imposed for the operatian e tenaaca xa ,huserpancy,upkeep end improvement of the Property.and (3)all assessments or other governmental charges that'may laaJldt pled fth i9 Clyne ms over a period of yeas,the Mortgagor shall be obligated under the Mortgage to pay or cause to brpa arapeardlrtlsteertie rtn•as of quU term of to be paid during the te of the Mortgage,and shall,promptly alter the payment of any of the fo(egotrgrfgnwerd to Mortgagee evidence of4'Ftipeyment 3.Application of Payments.Unlessdip(1Gable law provides otherwise,all paymCdLrreceived by Lender shalt be applied;first to interest due;and,to principal due;end test a°any-late Charges due under the Note. 4.Charges;Liens.Borrower shag payAliaxaa,an®asments,charges,fines and)oppositions attributable to the Property which may stain priority over this Security Instnaner(t and leaseeetd peymentrrocgmuntlreMS;If any.Borrower inert promptly furnish to Lender al . notices of amounts to be pail under thin parageeph,Odell*egrets evldenci g the peynents. Borrower shall promptly dischege any lien which has p(ion(y over this Sectaity Inntnnnent unless Borrower.(a)agrees In writing to the payment of the obligation seamed by the 6em ni rice"onpfepceptabletptende'i;•(ba cergesb M good faith the lien by,or defends against enforcement of the hen In,legal proceedings artadaaln thbalendpta Open-Ion lope/ale td prevent the enforcement of the lien;or(c)secures from the holder of the hen an agreement aalisteddoy to Lender eubordindting the heaDo..tfls Security'Instrument If Lender determines that any part of the Property o subject to a ben which mayiattairkpriolly.eve'the'Seoirnfy leatnmrent Lender may give Borrower a notice Identifying the ben. Borrower that satisfy the fen or take lone or Mora dame cfeytedt foithabo4ai0hin lardaralf tt emwrg of notice. 6.Haan rd or Property Insuogw.fBorn3 ir shag keep the improvements now existing prilieleafter erected on the Property insured against loss by fire,hazards included Within)*term'extended coverage and smoother hatards,Mhdudipg floods or flooding,for which Lender requires Insurance.This Insurance shat,tbmalptamed in the amounts and for U apeaods that Leniewipquires.The insurance carver Providing the insurance shag be chosen by BClfohier subject to Lenders approval'arch ghee net behmreesonably wlhhed.If Borrower fails to maintain coverage described above,Lender they,at Lenders option,obtain coverage ttipmtettLehders rights in the Property in accordance with paragraph 7.Al en times that the Note Is ouraterva(ng.the Mortgagor shall maintain inooraeorw"dh respect to the Premises against stud, ash,and for such amounts as are customenlyinsuriiagainat and pay,as the same Eeogmb,puerind payable,all premiums In respect thereto, Including,but not trotted to,eltaisk insurance protectrgg.thelnterests of the Motlgago(endMortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against;(i0cuaditbbcggrexpioeigrt;rt appropriate),with a uniform standard extended coverage endorsement Including debris removal owerige Saah bnuraihce't1dLttnealo be in an amount not less than the for replacement cost of the Premises,exclusive of footings and foundations. All insurance po0des 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 shag promptly give to Lender all receipts of paid premiums and renewal notices.In the event of loss,Borrower shag 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 Properly damaged,if the restoration or repair Is economically reerble and Lender's seamy is not Lessened.ft the restoration or repair is not economically feasible Or Lenders seamy would be lessened,the insurance proceeds shalt be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. It Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carver has offered to settle a daim,then Lender may tolled 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 33 day period will begin when the notice is mailed.Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to In paragraph 1 or change the amount of the payments.If under paragraph 21 the Property is acquired by Lender,Borrowers right to any insurance policies and proceeds resulting hem damage to the Property prior to the acuuisltion shag pass to Lender to Ova ed em of the ems seared by this Security Instrument immediately pnor to thn acquiisit'ron. 6.Occupancy,Preservation,Maintenance end Protection of the Property;Borrowers Loan Application,Leaseholds.Borrower shall occupy,establish,and unction Property as Borrowers principal residence within sixty days eher the exertion of(his Security Instrument and shall Continue to occupy the Property as Borrowers enndpal residence for at lease one year after the dale of ocomancy,unless Lender otherwise agrees m writing.which consent shag not be unreasonably wellhead.or unless extenuating circumstances exist which are beyond Borrowers Control.Borrower shah not destroy,damage or impair the Property,allow the Properly to detenorale,or Commit waste on the Property. Borrower shall be In delaut it any forfeiture achoh or proceeding.whether avil or criminal,is begun that in Lenders good faith judgment could result in forfeiture of the Property or oherwise materially impair the lien created by this Security Instrument or Lenders security interest Borrower may are such a default and reinstate,as provided In paragraph 18,by causing the action or proceeding to be dismissed • • Packet Page -1250- OR 4693 PG 2417 9/22/2015 16.D.3. judgment could result in.forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. if this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an altemate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking operly.in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of-ttke St morn i %thl)a-Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sdct ed"by this Security fr�s.torment shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amot stM dsums secured immedi tte efore the taking,divided by(h)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrowe?ln the,event of a partial taking of the Property in which the fair market value of the Property immediately before,he-takirg,is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing oimntess aailii ibTe1awbtherwise,provides,the proceeds shall be applied to the sums secured by this Security Instrument whether co.not the sums arelfhen dive. Unless Lenderand Borrower otherwise agree in writing,any application of proceeds to principal shall not extend, p ponedhe'duedaie lTShe rgo(hty payments referred to in paragraphs 1 or change the amount of such payments. I 1 'i ' I ',J I V/ ; 11. Borrower Not Released,Forbearance t3y Lender Note)Waiver. 64terisioniof the time for payment or modification of . amortization of the sums secured by this Security histo,trilirtgraatedbyieoder to eyyssiccessor in interest of Borrower shall not operate to release the liability of the original Borrower or`Bdl'raiwers successors in interact. Lender shall mit be required to commence proceedings against any successor in interest or refuse to extehd,time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by tae iriginal Borrower or Borrowe)us successoorsrin interest. Any forbearance by Lender in exercising any right or remedy shall not be a waivery or preclude the exercise of anq-right,or f remedy. - 12. Successors and Assigns Bound;Joint'artd.Several Liability;CoSigners: The covenants and agreements of this Security Instrument shall bind and benefit the successors andassigns_bf-6erider agd.Sotiawer;subject to the Provisions of paragraph 17. Borrowers covenants and agreemgrntsshaHeijoiat.apd"several. Any Borrower who co-signs this Security Instrument but does not execute the Note:(a)is co-signing thisSecun nstrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrumen!and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's poor written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period.Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument:or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a saie of the Note. If there is a chance of the Loan Servicer,Borrower will be given written notice of the change in accordance with Packet Page -1251- M yC *** OR 4693 PG 2418 *** 9/22/2015 16.D.3. paragraph 14 and applicable law. The notice will state the name and-addressof the new Loan Services and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the data the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Graduated Payment Rider Rate Improverpet(Ft� r t ,`) \,7�Condominium Rider ❑1-4 Family. d&. \ v Second Home Rider ❑❑Balloon Rider BiweelSy Payment Rider Piaued hait Development Rider Othe r(s)(specify / / c ^} \ , SIGNING BELOW,Borrower accepts and agrees tu,th"e�e7iips .cbverlarlts db(ttairted-1n his Security Instrument and in any rider(s)executed by Borrower and recorded with it ( �i ! v'( i t '�t j iL) f l� Signed,seals;.n.aaai•ered in he presence of;1t�� _ eL witness# � � T `, Signature 9 cry/ `N B'! - , ,Amid f� Borrower > Mikt n. Y. Cardoso Signature' Witness#2: t rl ma�. g /�'/',�; 1Cs)-Bture Signature: /I ' fCtt-Bottpwer Tr. Address: 2201 51't Street SW Naples, Florida 34116 STATE OF FLO-IDA COUNTY OF COLLIER I hereby certify that on this day,before me.an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Milton Y. Cardoso to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she!they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State af. is /O day of p,(A 9 X011. My Commission Expires: j//d)-0 f 2-____, i', �rt�7" Seal). blies Signature C ",{'t!1•' !'j giAe g 1 Oe f)4/J <, Notary Pubic State of Florida Frances s teodsn Notary's Printed Name sty rom000n 0D/2 D7397g5 SHIP File#: 09-371 Prepared by: Collier County Housing,Human&Veterans Department 3339 E.Tamiami Trail,Bldg H,Suite 21 I Naples.FL 34112 Packet Page -1252- 9/22/2015 16.D.3. Prepared by: Mandy Moody Collier County Community and Human Services L)ivivsion 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 Milton Y. Cardoso to COLLIER COUNTY, recorded on 06/20/2011 in Official Records Book 4693, Page 2416, 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 - .2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK OF COLLIER COUNTY.FLORIDA By: By: -- DEPUTY CLERK TIMNANCi= CHAIRMAN Approval for form and legality: Jennifer A. Belpedio —Assistant County Attorney - Packet Page -1253- INSTR 4471715 OR 4602 PG 379 RECORDED 9/3/2010 4:00 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT g/22/2015 16.D.3. DOC @.35 $19.95 REC $27.00 OBLD $5,700.00 OBLI $0.00 SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")is given on day of ,2010. The Second Mortgagor is: Cynthia J.Van Lare,a single person ("Borrower"). This Security Instrument is given to Collier County ("Lender),which is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Five Thousand Seven Hundred and 00/100 Dollars ($5,700.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments, with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security or the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. F. this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collie" County,Florida. As more particularly described as Golden Gate Est,Unit 65,W 75FT OF TR 43, d in OR 41 ion 175-76.Collier Cou y� rida. Folio#39955000003 and which has the address of: -Or ( ,/I ("Property Address"): 3352 35th Ave NE Naples Florida 34120 it (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 rightsftndTopk apd,a-lffis1ures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrum'ep ILdt'th&4ose igg;rs-refered to in this Security Instrument as the"Property". BORROWER COVENANTS that Borroweris la r iaellid of the—eafiate peteby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencombeed,except for encumbrancer ofyecord. Borrower warrants and will defend generally the title to the Property against all claims and demaridsAAubject to any encumbrances"aJ record. THIS SECURITY INSTRUMENT combines nndomrcoveoants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security insjrumeht covedrag.eal pro`peff$:—Jn-'f \ UNIFORM COVENANTS. Borrower and Lender covenant.en—thagree as,follows: 1. Payment of Principal and Interest;PrePa'jtr ant anifltate"' iaerges`Bproy7er shall promptly pay when due the principal of and interest on the debt evidenced by the Note. ! 7 j su r' ' t ,I\ t// I , �! � r 1 i 'I ( K� F�. t 2. Taxes. The Mortgagor will pay all taxes,assessments;sewer rang or Water rates prior to the accrual of any penalties or interest thereon. 1( ..� \ \ The Mortgagor shall pay or cause to be'paid,as the same respectively become duar(A4)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lat4fuly assessed or levied against'pr.with reaped to the Property,(2)all utility and other charges, including"service charges",incurred or imposed;fgt the operation,maintenanc931vse„occtipamoy,upkeep and improvement of the Property,and (3)all assessments or other governmental cherges,.thatmay lawfully be paid in installments'GVer a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to bepajd only such installments as are,regoited to be paid during the term of the Mortgage,and shaft,promptly after the payment of any of the foregoing1forward to Mortgagee_evidence,pf such payment. 3. Application of Payments. Unless applicable Ia�w'pRrqVdesotlfeiavise;e,al ayments received by Lender shall be applied;first,to interest due:and,to principal due:and last,to any late chalgesHeepnQer bl'Note” 4. Charges;Liens. Borrower shall pay all taxes,asses3ments;-charges,fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument.Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lenders rights in the Properly in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance Cartier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing.insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property.or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing.which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Properly,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Le r's security Packet Page -1254- i ' 071° OR 4602 PG 380 9/22/2015 16.D.3. interest. Borrower may cure such a default and reinstate,as provided in paragraph 18.by causing the action or proceeding to be dismissed with a ruling that in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the hen created by this Security Instrument or Lenders security interest Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property.the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights In the Property. If Borrowerfalts to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lenders rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. My amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument Unless Borrower and Lender agree to other terms of payment these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect.Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential.in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking-at-We igperty,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of-the pinss ciize(till Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sufgssettied-by'[fiiS-3ecrl;Ly/ (ument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amoontpfithe sums secured immetiiatelyEbefore the taking,divided by(b)the fair market value of the Property immediately before the taking. An donee shall be paid to BorroweNd the`event of a partial taking of the Property in which the fair market value of the Property immediateWf before.the-takiag.is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing oj,Ttnless applItableiew—Othenvisetrovides.the proceeds shall be applied to the sums secured by this Security Instrument whether or not The sums ar''then'due. Unless Lender and Bgrower otherwise agree in writing,any application of proceeds to principal shall not extend ofTOolleone"it "duella1e t't(f9 Tnontdtppayments referred to in paragraphs 1 or change the amount of such payments. I ; ( j 'i I ���� )' tt 11. Borrower Not Released,Forloearanceit3y Lender Not a Wafer: EXtension Of the,'time for payment or modification of amortization of the sums secured by this Sedulity Instrument graoted,by_Lereler to any successor in interest of Borrower shall not operate to release the liability of the original Borrower o6Borrowe`r succes"S-Ors in merest. Lender shatldwtbe required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made byth0Roriginal Borrower or Borrowe&successon;m%interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver„ofor preclude the exercise-St any right ortemedy. 12. Successors and Assigns Bound;Jdlnt and Several Liability;CoSignersr,Rhe covenants and agreements of this Security Instrument shall bind and benefit the successors arittassigq's..gf Lender and Borrower,subject to the Provisions of paragraph 17. Borrower's covenants aridagreemeh`tsshefl-beldot d Several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing'ttiisSeounty lnstkite0t-only to mortgage,grant and convey that Borrower's interest in the Properly under the terms of this Security Instrument;(b)is not.persenally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that taw is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. It a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent.Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this Option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements:(c)pays all expenses incurred in enforcing this Security Instrument including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address o which payments should be made. The notice will also contain any other information required by applicable law. Packet Page -1255- *"" OR 4602 PG 381 *5* 9/22/2015 16,D.3. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do.nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property Is necessary.Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice Is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured on or before the date specified in the notice. Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement-Rld r �l"�. ,�❑I--1 Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider`o,� ). r( -_F=.I Second Home Rider ❑Balloon Rider ❑Biweekly't?atmCRider ❑Pie(+ied Unit Development Rider ❑Other(s)(specify • SIGNING BELOW,Borrower accepts and agrees to the terms ard_covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it /-7—\ .\77�771/2 Ii Signed,sealed and delivered in the presence of ii I •' j (, 'ilejar Witness#1: �-c` w Signature Ia:���Lyrl P.17.0 _ Borrower +"'•�5 -- �. :n Lare Signature G 'M■{ [ 17- / • Witness#2: 1--r �`��, Signature e" " Co-Borrower ` Signature: (v,L(rr ! ` Address: 3352 35th Ave NE Naples, Florida 34120 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day,before me.an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Cynthia J. Van Lare to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He e1 hey)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this 4 L 6 day of 4VhL{7 .2010. My Commission Expires: Gt'D ,r1j111 Nota ubli Signature (Seal) \‘‘;.,p-•\ G• O MIS1 Oy,t� Notary's Printed Name *: DD 877919 ;* Z: EXPIRES - -o: May22,2013 'o= ,9i•?trrA"xon�'.� 11,7°C STO.°�‘`‘% 'hIinrnnit File#: 09-277 Packet Page -1256- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 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 TAM1AMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Cynthia J. Van Lare to COLLIER COUNTY, recorded on 09/03/2010 in Official Records Book 4602, Page 379, of the Public Records of Collier County, Florida, securing a principal sum of 55,700.00 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 - . 2015, Agenda Item Number . ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK OF COLLIER COUNTY.FLORIDA By: By: . DEPUTY CLERK TIM NANCE, CHAIRMAN Approval for form and legality: N Jennifer A. Beipedio �, .N Assistant County Attorney ' Packet Page-1257- lay: 2271753 OR: 2382 PG: 1C 9/22/2015 16.D.3. • IlDIfilD111 TITLI Of IAILIS UCOIDID it the OffIC1AL UCOIDS of COLLIII 000171, ft DOC" 0 15 •"". PICI If 01/23/10 at 01:32AI D11G1T 1, BI0C1, CL111 I1T•.002 1.15 • 2id mortgage form O OILO 2500,00 SECOND MORTGAGE 011I 2500.00 THIS SECOND MORTGAGE('Security Instrument')is given on January 16,1998. The Second Mortgagor is Santiago and Patricia Ventura ('Borrower'). This Secunty Instrument is given to Collier County ("Lender'),which is organized and existing under the taws of the United States of America,and whose address is 2800 North Horseshoe Drive, Naples, Florida 34014 . Borrower owes Lender the sum of Two Thousand Five Hundred Dollars(U.S. $ 2,500.00 ). This debt is evidenced by Borowers Note dated the same date as this Security Instrument("Second Mortgage"), which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Golden Gate Est Unit 193 N 105Ft of Tr 111 OR 536 PG 451 and which has the address of: ('Property Address'): 1211 9t° St. SW mow Naples, Florida 34117 isms) ors TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights. appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the'Property'. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform-eovenants_Lor national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform securit instturi nt nCo' seal)property. UNIFORM COVENANTS. eorower and LendeF:tdver nt-a�tfl'a{,{r as;follows: t. Payment of Principal and intersi4:_18i payment and Late rgari,`\Sorrower shall promptly pay when due the principal of and interest on the debt evidenped,,f the Note. \1-` '',, ��((�� 2. Taxes. The Mortgagor will pay all)azes�sssesments,sewer rents ore water rates prior to the accrual of any penalties or „_) interest thereon. / / ') i......._-__ „'- ,.. t� The Mortgagor shall pay or cause to be paid,asihe same respedtively become due,(A)(1)all taxes and governmental ` charges of any kind whatsoever which,imay at�any time be ar(ull)E.lasseS,cetior.Jeviedhagaindt or with respect to the Property,(2)all \ utility and other charges,including"service bharges\liricurred Or..i po ed for,the o'ceration,imaintenance,use,occupancy,upkeep and improvement of the Property,andi(3)af4 assessments orlotheego erpme'mtandfharges that may lawfully be paid in installments over a period of years,the Mortgagor Shall be obligate under the Mc gage tojpay or cause to be paid only such installments as are required to be paid during the term of tttie Mortgage; ii-pronetty after atie, ayraen-T`of any of the foregoing,forward to g Mortgagee evidence of such payment. 'i r` 3. Application of Payments 'C)Niess applicable law provides dthenwtse all.payiments received by Lender shall be applied, first,to interest due;and to principal due, and last,to any late charges dui i finder thglWte. 4. Charges;Liens. Borrower shaWpay,,all taxes,assessments,charges(ffiiaes and impositions attributable to the Property which may attain priority over this Security Iristrurmnt,and leasehold payments:gr ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid;einder3h)5_paragrap).-anti alt,receipts evidencing the payments. Borrower shall promptly discharge any lierLwlficfi has piontyoreOrits Seeunty Instrument unless Borrower(a)agrees in writing to the payment of the obligation secured by the`tien`Jrt-i manner acceptable to Lender;(b)contests in good faith the lien by,or I defends against enforcement of the lien in,legal proceedings whicn 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 It Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire,hazards included within the term'extended coverage'and any other hazards,including floods or flooding.for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fa.ls to maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable,all premiums in respect thereto,including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,it appropriate),with a uniform standard extended coverage endorsement,including debris 1 removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of pair 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,it the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property. or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's light to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's pnncipal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the ifault if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good t Packet Page -1258-iiture of the Property or otherwise materially impair 1 9/22/2015 16.D.3. OR: 2382 PG: 1024 god mortgage form 0 the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the ban evidenced by the Note,including.but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property.the leasehold and the lee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower tails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lenders actions may include paying any sums secured by a lien which has pnority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 6. Mortgage insurance, If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender It substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insuranr e coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or Jor_conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the pre. proceed 3'shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess'�a Bar weir.,fI�p fseevent of a partial taking of the Property,in which the fair market value of the Property immediately lee heteking is equal f0'etireeter.than the amount of the sums secured by this Security Instrument immediately before the,tak unless Borrower and Lendecothervfise agree in writing,the sums secured by this Security Instrument shall be reduced by the aril-Witt of the proceeds multiplied by,the fdllowing fraction'(a)the total amount of the sums secured immediately before the taking,dividedbZSTltre..fair market value of,the Property immediately before the taking Any balance shall be paid to Borrower. In the event of is'patlial takiN of the'Prpperty in Which the fair market value of the Property immediately before the taking is less then the arnoent of ntW'ms secured immediately for;the taking,unless Borrower and Lender otherwise agree in writing or unless applicatl4e"laaP'et_1t9fwiT provtdes'thep[ocdetis^5hall be applied to true sums secured by this Security Instrument whether or not the sums"are then ue. UnlessiLekndevarid Bodower otherwise agree in writing,any application of proceeds t0 principal shall not extend Or2oStporae the\,due date Of the laonthly4pa)lmertts referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Forbearance By Lander Not a:Waiver. Ester-416n of the time for payment or modification of amortization of the sums secured by this Security Instrument granted b ,ienderito any'successor in interest of Borrower shall not operate to release the liability of the original 9orrower or Borrower's sucdeseors in interest Lender shall not be required to commence proceedings against any successor in intereatrnt'refuse to extend time forpayrnerttorotherwise modify amortization of the sums secured by this Security Instrument by reason of any\demand made by the origrnal'BOrrower or Borrower's successors in interest. Any forbearance by Lender in exercising any ltigt ti r-ren>,edy shall not be a-Watv_er'pt or preclude the exercise of any right or remedy 12. Successors and Assigns Bound;-Jolnyaa` biliW Fco-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successotsF as&lgl15lbf'."bnder and Borrower,subject to the Provisions of paragraph 17. Borrower's covenants and agreements Shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected In connection with the loan exceed the permitted limits,then.(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower it a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severablilty. This Security Instrument shall be governed by federal law and the law or the lunsdict.on in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Secunty Instrument If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or dr rnand on Borrower. 16. Borrowers Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of (a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument,or (b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower'(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred.(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However.the ---" ----in the case of acceleration under paragraph 17 Packet Page -1259- OR: `9/22/2015 16.D.3. god mortgage form 0 19. Sala of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the'Loan Servicer)that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. if Borrower learns,or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,'Hazardous Substances'are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,'Environmental Law'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Secunty Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to.reasonable attorney's fees and costs of the title evidence. 22. Release, Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower slLpay.any recordation costs. 23. Attorneys'Fees. As used in this-Beeur t lstrur sr�i and the Note,"attorneys'fees'shall include any attorneys'fees awarded by an appellate court l till .. 24. Roden to this Security Ies"trarifa t'1t one or more'rideirs 1t9'executed by Borrower and recorded together with this Security Instrument,the covenatttS-anb agreements of each such!J such be incorporated into and shall amend and supplement the covenants and agreeiofrnts of this Security Instrument-as if the rider(s)were a part of this Security Instrument. (Check Applicable Box') ` 4 \ El Adjustable Rate Rider / u.,. 31e improvement Ride_r`:, U Condominium Rider G1 1 i \ti fm �\ i',II 1\ \ Al Graduated Payment Rider ; ?� ii-4 Famil i ider ,, \! 1 1-1 Second Home Rider i i I iy. 'J I�; f1 Balloon ILderSvOeeklPsymerder 1 J Li Planned Unit Development ' Rider ", ; J i r LI Others)(speciy ie, ' SIGNING BELOW,Borrower accepts and.a(ireesto-the terms and-covenants'contained in this Security Instrument and in any riders)executed by Borrower and recorded.W;th`tf_-:. - 6,,=;i Signed,sealed and delivered in a presence of: Witnesset: � �✓ Signature: , r • ,r( • ,..'; (_ ' Borrower Santiago Ventura Signature: MARYELLEN CALI - -- Witness#2: //r//7 ,a /; _a Signature:rZli' tr 4-yyc�g� L�'• ;i �t p p� c Borrower Patricia Ventura signature: ANN`jTt J. LANCE Address: 1211 9`" St N. Naples` Florida 34117 STATE OF_Florida COUNTY OF_D , I hereby certify that on this day,before me.an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Santiago and Patricia Ventura to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He(she they) executed the same for the purpose therein expressed. 1 C� WITNESS my hand and"Is eal in r e County and State afore ,id this 1 day of , 19{�S' MyI Commission Expires: 1*. f ,`� ---- ----- No•ry P .ic' ig t (Seat) i vi RYELLEN CALI — • Notary's Punted Name Mai+1ELLEN r----- MY C01a11SSgN/ .'s UPIPES:Yuctr 6,tSSS Packet Page -1260- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 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 Santiago and Patricia Ventura to COLLIER COUNTY, recorded on 01/23/1998 in Official Records Book 2382,Page 1023, 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 - , 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY,FLORIDA By: By: , DEPUTY CLERK TIM NANCE, CHAIRMAN Approval for form and legality: Jennifer A. Belpedio 3 � Assistant County Attorney Q\\ Packet Page -1261- Retn, 2297262 OR: 2401 PG: 9/22/2015 16.D.3. BL'CC KP7EC):6:3f,; ?. .._ RECORDS: 17. the OPPICIAL PBCORD3 of COLLIER CCUBTY, FL :B:I :id0,v0 3033 P.IPIBRA SP. f'.:: at 01:0tPK DWIGHT B. BRCCK, CLERK RBC III I9.i0 god mortgage foiiRkis PL 34::: 8.'5 SECOND MORTGAGE • THIS SECOND MORTGAGE("Security Instrument')is given on• .1998. The Second Mortgagor is Christine Morris (Borrower). This Security Instrument is given to Collier County ('Lender"),which is organized and existing under the taws of the United States of Amenca,and whose address is 2800 North Horseshoe Drive, Naples, Florida 34014 . Borrower owes Lender the sum of Two Thousand Five Hundred Dollars(U.S. i 2 t 500.00 ). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument(-Second Mortgage"), which provides for monthly payments,with the lull debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums.with interest advanced under paragraph 7 to protect the security of the Security Instrument and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage. grant and convey to Lender the following descnbed property located in Collier County,Florida. As more particularly described as Saint George Crone Pointe and which has the address of ("Property Address"): 1404 St. George One is,wo Naples, Florida 34113 fort 15*' lIe TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights, appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform-covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform securttyliishonf*n1 frig--real property. UNIFORM COVENANTS. Borrower spit kLer'10-0uenan iag'ree:as follows'. 1. Payment of Principal and Interti Prepayment and Lsti-'Gtt+t rs;,,Borrower shall promptly pay when due the principal of and interest on the debt evidenced"by h'e Note ' 2. Taxes. The Mortgagor will pay all`taxes,assessments,sewer rentsror wafer rates prior to the accrual of any penalties or interest thereon. / 7— ' The Mortgagor shall pay or cause td'De dila:as--4he same resPeutiveiy become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any-Urge b13 (ullyiass94sedl pr lev*,agalnat or with respect to the Property,(2)all utility and other charges,including"service CharaerOneurfed or ii ipoleodfor,the operatioN maintenance,use occupancy,upkeep and improvement of the Property,andi(3)al)assessrni3ntt oriother gotiernmefltahOharges that may lawfully be paid in installments over a period of years,the Mortgagor Shall be obligated under the Mcfogage tipay or cause to be paid only such installments as are required to be paid during the term of the Mortgage;°arithshall,-Pruhrit)yaherdba-AayrfienT'df any of the foregoing,forward to Mortgagee evidence of such payment 1 1 Y 3. Application of Payments Unless applicable law providesaotherwise alLpayments received by Lender shall be applied, first,to interest due;and to principal due;lord lest,to any late charges-Tue'(under the:Note. 4, Charges;Liens. Borrower shaiFpay.all taxes,assessments,chargesiyieS and impositions attributable to the Property which may attain priority over this Security(Strunerit,and leasehold payments pr gto(ind rents,it any. Borrower shall promptly furnish to Lender all notices of amounts fo be paid'ander,.this paragraph,_atd di)rbdeipts evidencing the payments. Borrower shall promptly discharge any lien which tta's'pT overOMs,,Security Instrument unless Borrower (a)agrees in writing to the payment of the obligation secured by ttie-limner's nianeeracdeiitable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings wnrct11f the Lenders opinion operate to prevent the enforcement of the lien:or(c)secures from the holder of the hen an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term'extended coverage and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance career providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable,all premiums in respect thereto,including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to De in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause Lender shall have the right to hold the policies and renewals. If Lender requires.Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otnerwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's secunty is not lessened If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument.whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the data of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld.or unless extenuating circumstances exist which are beyond Borrower's control Borrower shall not destroy,damage or impar the Property,allow the Property to deteriorate,or commit waste on the °' "" "-""" "'"^efault if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good Packet Page -1262-inure of the Property or otherwise materially impair . OR; _9/22/201516.D.3. god mortgage form 0 the lien created by this Security Instrument or Lender's security interest Borrower may cure such a default and reinstate,as provided In paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination, precludes forfeiture of the Borrowers interest in the Property or other material impairment of the lion created by this Security Instrument or Lenders security interest Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with arty material information)in connection with the loan evidenced by the Note,including,but not limited to.representations concerning Borrower's occupancy of the lease. I Borrower acquires fee title this Propperty,the leasehold and the leasehold,e Borrower shall not mjerge comply I ss all agrees ot e merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lien which has pnority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Ahhough Lender may take action under this paragraph 7,Lender dos not have to do so Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance Loss reserve payments may no longer be required.at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,4rferconveyaace in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the PyypertYYfh rdceeds shaelse applied to the sums secured by this Security Instrument,whether or not then due,with any exces'sppahA�?sbaer* ewer. nittreie ere of a partial taking of the Property.in which the d fair market value of the Property immediately beipti'tt1'9-tbking is equal to erg{ r,ltlan the amount of the sums secured by this Security Instrument immediately before the taking,urfless Borrower and Lendererherwrse agree in writing,the sums secured by this Security Instrument shall be reduced by the arnourit of the proceeds multiplied by the following traction.la)the total amount of the sums secured immediately before the takeiig,dividej Oy{hl the-fair-maf?Lehvalue of(he Property immediately before the taking. Any balance shall be paid to Borrower. In the'event of a`parfiial4aking-of the Property in which the fair market value of the Property immediately before the taking is less thah the arpeuet.Vf McAsuins secured irpmodia3lg'.for the taking,unless Borrower and Lender otherwise agree in writing or unless app(icable1aw otherwiet;grow,dee;atte proceeds Shall be`applied to the sums secured by this Security Instrument whether or not the sums re hen due.'Unless t1enitler a`nd?3orr'arwer otherwise agree in writing,any application of proceeds to principal shall not extend of postpone thr. ue date o('the rlaonthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,t-orbaarance By lender Not aMiilalvar, Exterisielnpf the time for payment or modification of amortization of the sums secured by this'S' unty Instrument granted by Lender lb any Stieoessor in interest of Borrower shall not operate to release the liability of the onginab'Borrower or Borrower's successors in interest/Lender shall not be required to commence proceedings against any successor in interestisrefuse to extend time for payrrtent err`otherwise modify amortization of the sums secured by this Security Instrument by reasonbf an lgmand made by the original Brerdwer or Borrower's successors in interest. Any forbearance by Lender in exercising any rigte-op'rer'redy shall not be,awlaiJer bf'br preclude the exercise of any right or remedy 12. Successors and Assigns Bound;Joint end iSovsra4abfflt);CGe'+=Slgners. The covenants and agreements of this Security Instrument shall bind and benefit the successans,,riidIaasigps.eitsCecder and Borrower,subject to the Provisions of paragraph 17. Borrower's covenants and agreementS'5Fa(I be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note,(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument,(b)is not personally obligated to pay the sums secured by this Security Instrument:and(c)agrees that Lender and any other Borrower may agree to extend,modify.forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit:and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower It a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender Any notice to Lender shall oe given to Borrower or Lender when given as provided in this paragraph 15. Governing Law;Severabllity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or Clause of this Security instrument or me Note conflicts with applicable law,such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security instrument and the Note are declared to be severable 18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 17. Transfer of the Property or a Beneficial interest In Borrower. If all or any part of the Property or any interest in it is Sold Or transferred(Or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment In full of all sums secured by this Security Instrument However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice delivered wilhin which Borrower Security Instrument It Borrower fails to pay these sums prior to expiration of this period,Lederman invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of (a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument:or (b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this ;(c)pays small expenses Note as if no in enforcing this r Security Instrument,including,including,butt not limited any o,reasonable covenants y's or agreements;takes pay Pe attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective --•-•-.,.,�, �eoi„in the case of acceleration under paragraph 17 as if no accelerator had occurred. However.to _.Packet Page -1263- J "Aro D(. 2,AA OR: 9/22/201516.D-3. 2nd mortgage form 0 19. Site of Note;Change of Loan ServIcer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower A sale may result in a change in the entity (known as the'Loan Servicer)that collects monthly payments due under the Note and this Security Instrument There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law, The preceding two sentences shall not apply to the presence, use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,''Environmental Law'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's - breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default,(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the 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 entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument.Lender shall release this Security Instrument,without charge,to Borrower Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Securtr�estrumerttarid,the Note,"attorneys'fees'shall include any attorneys'fees awarded by an appellate court,", i. ' 24. Riders to this Security Instro t -011 or i e-Bidets are,.executed by Borrower and recorded together •with this Security Instrument,the covenants' ,agreements of each suth,NflerShall be incorporated into and shall amend and supplement the covenants and agreerfients of this Security Instrument as1the.rider(s)were a part 01 this Security Instrument. (Check Applicable Box) \ i Adjustable Rate Rider 1 lU'\�late'linprovemer.lt Rider `U Condominium Rider te J Graduated Payment Rider l.! i a' 1 4`Fa)<nily1 Berl `: Second Home Rider j si r1 Balloon Rider i+`` `-' -`�.�+N'eeklyP mem f3lder Planned Unit Development Rider 1 LJ Other(s)(specify SIGNING BELOW Borrower accepts andagrees.toahe terms and covefiantsxontained in this Security Instrument and in any nder(s)executed by Borrower and recorded witti ji, ,ice+ - 3 ? Signed,sealed and delivered in the presence of: • Witness#1' !f{D! f�.�//('� t' )l,) 1 Signature: 7' _� r •-t //0 Borrower Christine Morris Signature: { . Witness#2' Signature: Address 1404 St.George One Naples, Florida 34113 STATE OF_Flonda COUNTY OF C C I- 4 I E --, I hereby certify that on this day,betore me.an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Christine Morrie to me known to be the persons) described in and who executed the foregoing instrument and acknowledged before me that(He!shei they)executed the same for the purpose therein expressed ill WITNESS my hand and official seal in the-Co y and St�i f esaid thuss./�C'"day of� , j i 191 My Commission Expires /F ft �L 5 �t�j( l L--- Nola ublic'S,Signature (Sea)) _C I¢ l'! 1 1��[ A' ')t>I Notary's u'nnted Name ra C. =0EPAW4 Nvu,..alert Packet Page -1264- **sir • A• Irk is AAAA tL tf..L 7�A7i �R• �Q 9/22/2015 16.D.3. EXHIBIT "A" Unit 1404, Building 14, ST. GEORGE ONE AT CROWN POINTE, A CONDOMINIUM, as located in the Declaration of Condominium for ST. GEORGE ONE AT CROWN POINTE, A CONDOMINIUM , recorded in Official Records Book 2105, page 827 of the public records of Collier County, Florida and any subsequent amendments thereto. R ,yr Packet Page -1265- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 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 Christine Morris to COLLIER COUNTY, recorded on 03/25/1998 in Official Records Book 2401, Page 3286, of the Public Records of Collier County, Florida, securing a principal sum of S2,500.00 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 - 2015,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK OF COLLIER COUNTY. FLORIDA By: B : .DEPUTY CLERK TIM NANCE,CHAIRMAN Approval for form and legality: Jennifer A.Belpedio C.72 Assistant County Attorney Packet Page -1266- Rein: 3042453 OR; 3106 PG, 0279 ISLAND TITLE GUARANTY AMC! I RECORDED f0 the OUPICIAL RECORDS of COLLIIR ( 9/22/2015 16.D.3. PICK UP 09/09/2002 at OE:55AX DIIGIT E. BIOCA, CLIII OILD 5000,00 SECOND MORTGAGE OPLI 5000.00 ll'C ,11 24,00 0ic-.35 17,50 THIS SECOND MORTGAGE("Security Instrument')is given on August"2002 The Second Mortgagor is: Barbara Bolden,A Single Person ('Borrower"). This Security Instrument is given to Collier County ("Lender').which is organized and existing under the laws of the United States of America,and whose address is 3050 North Horseshoe Drive, *275, Naples, Florida 34014 . Borrower owes Lender the sum of rive Thousand and No/100tha Dollars(U.S.S 5,000.00 This debt Is evidenced by Borrowers Note dated the same date as this Security Instrument('Second Mortgage').which provides tor monthly payments,with the full debt,If not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note-with interest,and all renewals,extensions and modifications:(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For This purpose,Borrower does hereby second mortgage.grant and convey to Lender the following described property located it Collier County,Florida. As more particularly described as Lot 16,Block Ai Naptes Habitat,Collier County,Florida and which has the address of. In 7 ('Property Address'): 12060 ilitterley Street, Naples, Florida 34113 • TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights.appurtenances.rents. royalties,Meters',oil and gas rights and profits,water rights and stock and all lixtures now or hereafter a part of the property. All replacements es:) and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the'Praperty•. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed end has the right to mortgage.grant and convey the Property and that the Property is unencumbered.except for encumbrances of record. Bcrrower warrants and will defend leneraily the title to the Properly against all claims and demands,subject to any encumbrances 0!record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principai nt and interest or the debt evidenced by the Note. 2. Taxes, The Mortgagor will pay all taxes,a%sessmentsse_wer runts or water rates prior to the accrual of any penalties or,merest thereon. '`n v be The Mortgagor shall pay or cause to be paid,dslh s e ry lv ba%ome due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully esseeied;crtivied agNnsi'orwRh respect to the Property.(2)all utility and other charges. Including"service charges',incurred or Imposed forVtetoperation,maintenance,usesodeupancy,upkeep and improvement of the Property.and (3)all assessments or other governmental charge's th8t-'rney lawfully be paid in installments over a period of years.the Mortgagor shall be obligated under the Mortgage to pay or cause to'be paid-only such'installments-as are requrreddto be paid during the term or the Mortgage.and shall,promptly after the payment of any of the foregding,tbsiiiiet to Mor gegea evidence oi,such.payment. 3. Application of Payments. Unless applicable,tewspravidesbthorwisg,-au,,pe items received by Lender shall be applied.test.to Interest due;and,to principal due;and last,td anyiale,6hatges Quo uneleir ttie Netix s f/ \ ; 4. Charges;Liens. Borrower shalt pay II taxes,assessmeri;la,chirgesStineS and Impositions attributable to the Property which may attain priority over this Security Instrument,aeddeaeehied,,eayments or gioutad rents;it any. Burrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and'1l receipts eviderie%the'patyments` ; Borrower shall promptly discharge arly,Jian,which has priority over ttis,Secunty Instrument unless Borrower:(a)agrees in wnting to the payment of the obligation secured by the lien•lttavnanner acceptable to Leader;(b)cpnl SRS in good faith the lien by or defends against enforcement of the lien In,legal proceedings whichl(kthe Lenders opinion operairsaprpreverOhe enforcement of the lien:or(c)secures from the holder of the lien an agreement satisfactory to`Lendersubordinating the lien to this,Sicerity instrument. It Lender determines that any pan of the Property is subject to a lien which may attain pgdri y.oveethe Security Intlrehient;},ender may give Borrower a notice identifying the lien Borrower shall satisfy the lien or take one or more of the.@cbo(+rssetiortlrabpye:within-l'0 days of the giving of notice. 6. Hazard or Property insurance. Borrower sfialilkoep3 the irnpfotremants now existing or hereafter erected on the Property insured against loss by tire,hazards included within the term"extended coverage"and any other hazards.including hoods or flooding.for which Lender requires insurance, This Insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance tamer providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld If Borrower tails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Preoerty in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable.all premiums in respect thereto. including,but not limited to,all-risk Insurance protecting the interests of the Mortgagor and Mortgagee against Toss 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 endorsement,including debris removal coverage. Such Insurance at all times to be in an amount not less than the lull rept.acement 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 it not mace promptly by Borrower. ' Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged.If the restoration or repair Is economically feasible and Lender's security is not lessened. It the restoration cr repair is not economically feasible or Lenders security would be lessened,the insurance proceeds shall be applied to the sums secured by the Securty Instrument,whether or not then due,with any excess paid to Borrower. It Borrower abandons the Property,or does not an':wer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceed. 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 pnnc;pal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments It under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies end proceeds resulting from damage to the Property prof to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall contirtuefto occupy the Property as Borrower's principal residence for at least one year after the date of occupancy-unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstarces exist which are beyond Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding.whether civil or criminal.is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest, Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material Impairment of the lien created by this Security instrument or Lenders security interest. Borrower shall also be in default it Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material Information)In connection with the loan evidenced by the Note.including,but not limited to.representations concerning Bonower's occupancy of the Property as a principal residence. It this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. it Borrower acquires fee title to the Property,the leaser Packet Page 1267 ge unless Lender agrees to the merger in writing. op 1166 p(. A'An • 9/22/2015 16.D.3. 7. Protection of Lender's Rights In the Property, If Borrowerfarls to perform the covenants and agreements contained to this Security instrument,or there Is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Properly and Lender's rights in the Property. Lender's actions may include paying any sums secured by a ben which has priority over this Security Instrument,appearing In court,paying reasonable attorneys'tees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under the paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear Interest from the dale of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment, 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Secunty Instrument,Borrower shell pay the premiums required to maintain the mortgage insurance in effect. If,tor 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 substantiate, equivalent to the mortgage Insurance previously In effect,at a cost substantially equivalent to the cost to Borrower of the mortgage msurarrce previously In effect,from an alternate mortgage insurer approved by Lender. II substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one•tweltth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in ettect. Lender will accept.use and retain tnese payments as a lose reserve In lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option or Lender.it mortgage insurance coverage on the amount and for the period trial Lender requires)provided by an insurer approved by Lender again becomes available and is obtained Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage Insurance ends In accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or Its agent may make reasonable entries upon and inspections ol the Property. Lender shall give Borrower notice at the lime of or prior to an Inspection specifying reasonable cause for the inspection. 10. Condemnation, The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower, In the event of a partial taking of the Property,in which the fair market value of the Properly immediately before the taking Is equal to or greater than the amount ol the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree In writing,the sums secured by this Security instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking. unless Borrower and Lender otherwise agree In writing or unless applicable law otherwise provides.the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in wnbng.any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or charge the amount of such payments, 11. Borrower Not Released,Forbearance By Lender Not a Waiver• Extension of the time for payment or modification of amortization of the sums secured by this Security Instrumenegret9e0eoy,ka6derioeny successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers.sGccesS`ors-t2lhterekt t,erider shall net be required to commence proceedings against any successor in Interest or refuse to extend timereejSagteent or otnerwiegYherillyeimonization of the sums secured by this Security Instrument by reason of any demand made by the ofipplrl�aYBerrower or Borrowers successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver oter preclude the exercise of any right oreemedy. 11 Successors and Assigns Bound',Joint t laid err Ilttyi,Cp•Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors arelessilierekrlendereand Borrower,subject td the Provisions of paragraph 17. Borrowers covenants end rtter3t a t„pad.a 1. Any Borrower who co-signs this Securty ltbe n , e,g5 r Instrument but does not execute the Note;(a)its co&6igrting �s$ecpnty I(�SEtuman�ority,�d mortgage,grant and convey that Borrower's;nterest in the Property under the terms of this Security Instrumentt(b)ie not persbnr' y-iibligated to pay the sums secured by this Security Instrument: and(c)agrees that Lender and arty other Borrowenreakeigreestoetereed,Me ify,forbear ur makeiany accommodations with regard to the terms of this Security instrument or the Note wilhoutehat Borrower's consent. = 13, Loan Charges, If the loan secureges this Security Instrument is;;;ubject to a law which sets maximum loan charges.and that law Is finally interpreted so that the Interest or olherAtien charges collected or fe collectedan.connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced lay the amount necessary°to.reducry ttta'charge to the pemuned limit,and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to errdwer. Lender may choose to make this refund by reducing the principal owed under the Note or by makensee,,4irect payment to Borrower.wt2 refund reduces principal,the reduction will be treated as a partial prepayment without any prepaymenbchar>fe'ynaerthe pure(' 14, NOticss, Any notice to Borrower provided for'int*Beet titytli Stt`vment shall be given by delivering it or by mailing it by first class mall unless applicable law required use of.another method. 1110-rotibe`shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in th:s paragraph 16. Governing Law;Severablltty. This Security instrument shalt be governed by federal law end the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower, If all or any part or the Property or any interest in it is sold or transferred for If a beneficial Interest in Borrower is sold or transferred and Borrower is riot a natural person)without Lender's prior written consent,Lender may,at Its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender If exercise is prohibited by federal law as of the date or this Security Instrument. It Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. It Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security instrument without Further notice or demand on Borrower, 18. Borrower's Right to Reinstate. If Borrower meets certain conditions.Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any flower of sale conewineil in thin Security L.an.,rr,e„r enforcing this Security instrument. Those conditions are that Borrower,(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and delault of any other covenants or agreements:(c)pays all expenses Incurred In enforcing this Security Instrument,including,but not limited to,reasonable attorneys tees:and(d)takes such action as Lender may reasonably require to assure that the lien of this Security instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as If no acceleration had occurred. However,this right to reinstate,shalt not apply in the case of acceleration under paragraph 17. 18. Sale of Note;Change of Loan Servicer. The Note or partial interest in the Note(together with this Security Instrument)rev be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Lean Servicer")that collects monthly payments due under the Nola and this Security Instrument. There also may be one or more changes of the Loan Service, unrelated to a sale of the Note, if there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or In the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to norms)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 Suheranrn nr Environmental Law of which Borrower has actual knowledge. If Borrower learns,or Is notified by any goy Packet Page 1268- that any removal or other remediat on of any 01). 11nA D(:' n)Q1 • 9/22/2015 16.D.3. . Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used In this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicdes.volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law'means federal laws and laws of the tunsdiction where the Property is located that relate to health,safety or environmental protection. 21: Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of arty covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable taw provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result In acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the richt to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration end foreclosure. If the default is not cured on or before the date specified in the notice. Lender,at Its option,may require immediate payment in"full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,Including,but not limited to,reasonable attorney's tees and costs of the title evidence. 22. Release, Upon payment of all sums secured by this Security Instrument.Lender shall release this Security Instrument,without charge,to Borrower, Borrower shall pay any recordation costs. 23. Attorneys'Fees. As'used In this Security instrument and the Note,'attorneys'fees`shall include any attorneys'tees awarded by an appellate court, 24, Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as it the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider ❑Balloon Rider ❑Biweekly Payment Rider ❑Planned Unit Development Rider ❑Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in arty noer(s)executed by Borrower and recorded with It. Signed,sealed and delivered In the presence of: Wltnesse1; { • .r "((Jf9^ t , nlstttra(t ��. ,;,r ., • ,/ Borrower` - Barbara Bolden Signature: 'I It.� �!.),t:��l,/ r \ Wetness#2y4:%%'t ft�• I I (.1.4"ylu4-li47 i �—5tgneWrs; t tt �J/• - / / Ca-Sorrow ' Signature: I .1 r?/2t 1C i of Address '120'80 ;Si ttarley Street Florida 34113 STATE OF FLORIDA ,'•, COUNTY Of � O re r I hereby certify that on this day,before me,en-officer duly authorized in the Statcreoresaid and in the county aforesaid to take acknowledgements,personally appeared Barbara Boldsn.la'mepcnowrrrlo pelbe persons)described in and who executed the foregoing Instrument and acknowledged before me that(Het she/they)executed the same for the purpose therein expressed. Y,e , WITNESS my hand and official seal in the County and State aforesaid this • 'day of ,201j-• My C+mmiesion Expires: i.. raa Notary Public's-Stgnature AO WC f*Conlin FM.tams Notary's Printed Name • �'♦. Pk 0006437/ • I i t+wrwrr xn„4 110.ar Filet 03-021 Packet Page -1269- 1 OR; 3106 PG: 0282 y 9/22/2015 16.D.3. PROMISSORY NOTE �t `-)� August t, 2002 P Borrowers Barbara Bolden � 12080 Bitterley Street Naples PL 38113 (Property-Address) (City) (State) 1. BORROWER(s) PROMOS TO PAY: I/We promise to pay rive Thousand Dollars ($5.000.00 ) (this amount will be called "principal") to the order of Collier Count or other holder of this Note (the "Lender"), whose address is 3050 Hcr^,e;chce • North, Suite 275, Naples, Florida 34104 I/We understand that the der . n transfer the Promissory Note, The Lender or anyone who takes this Nate by transfet and who is entitled to receive payments under this Note will be called the "Note Helier . 2. INTEREST: Interest on this Note shall be zero percent (0%) per annum; except that. If I/We fail to pay this Note as required, the interest rate shall be twelve percent :12x) per annum from the date when payment of this Note is due until //We pay it in full. 3. PAYMENTS: Principal payments shall be deferred for the term of the first mortgage lean or until sale of property, refinance, or loss of homestead exemption ,• the date the last payment is due on refinance or satisfy the first.mortgage loan, I/We agree to immeiiat pay-the entire sum due under this Note. My/Our total payment shall be U.S. $5,000.00 4. BORROWER'S RIORT TO PREPAY: I/We have the right to make payments ;f pru:cip.il at eny tithe before they are due. A payment of principal only is know as a `prepayment'. I/We make a prepayment, I/we will tell the Note Holder in writing that Lire am ioinr s,. . I/tie may make a full prepayment or partial prepayment charge. The Note Ho( (er wil'. , all of my prepayments to reduce the amount of the principal .hat I owe under this If I/We make a partial prepayment, there will be ne changes in the due dote or in amount of my monthly payment unless the Note Holder agrees in writing to t:+.ose changes. If I/We make a partial prepayment, there will be no prepayment penalty a,eheri•:c t associated with such prepayment A T 5, LOAN CHARGES: If a law, whit, App o t-is-�dlaapd which sets maximum.lean cholees. is finally interpreted so tKa•i`-'tde interest or'tbe'r',loan charges collected or tc 170 collected in connection with0'tlliis loan exceed the "permitted limits; then (i) any s loan charges shall be reduced EFie`amau tTnecessary'`,to reduce the charges tc the permitted limit; and (ill any col,lected', from me which exceeded per;r.:t t.-d limits will he refunded /to ,reJus -'phi -.H r-aiey 'choose to make this ref--' reducing the principal that'/7/AVe'l We under,4is kNe•t ` Or by making a direct payment t • me/us. If a refund reduces iprincepal,j ,t1e✓re orich w'iil be treated as a rat a; prepayment. I'` t_lo�� 1 6. SUBORDINATION: Lender aOci, Btrrower acknowiedg _and agree that this Security I:.str;: is subject and subordinateeeilneall respects to" ha lieng, .'terms, covenants aid c no t 1- ef the First Deed of Trust 'and_`to all advances hecptofir'e made or which may herea e: te mada pursuant to the First Deed--ref Trust including,cal 'sums advanced for the purpeee (a) protecting or further securatitj thglien o.f ,Ehe`,First Ceed of Trust, curing de by the Borrower under the First IlJeec. of(-jYtist=or for any ether purpose permitted by the First Deed of�Trinee_t.or' (351 constructing, renovatina, r 2 ei.n+. furnishing, fixturing or equipping the Property. The terms and provisions ti the First Deed of Trust are paramount and controlling, and they supersede any oth.rr t•_rmo ni provisions hereof in conflict therewith. In the event of a foreclosure cr deed to of foreclocure of the First Deed of Trust, any provisions herein or any prev:.ricr.s :o a • other collateral agreement restricting the use of the Property tc low or moderate households or otherwise restricting the Borrower's ability to sell the Frep_rty have no further force or effect on subsequent owners or purchasers of the Fr,ope:-tl-. Any person, including his successors or assigns (other than the Borrower or a related enti' of the Borrower), receiving title to the Property through a foreclosure or deed in :ir;, of foreclosure of the First Deed of Trust shall receive title to the Property 'tree clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to d.- d In lieu of foreclosure, the lion of this Security Instrument shall automatically torriocte upon the Senior Lien Holder's acquisition of title, provided that (i) the Lender has _eo:, given written notice of a default under the First Deed of Trust and (ii) the Lender not have cured the default under the First need of Trust thin --_ _ .... .,. is the _ ;-day per provided in. such notice sent to the Lender. 7. BORROWER(S) FA/LURE TO PAY AS REQUESTED: (A) Default If I/we do not pay the full amount as required in Section 3 above, i/we wi?l ne default. If I am in default, the Note Holder may bring about any actions not prchibited by applicable law and require me/us to pay the Note Holders cost and expenses as described in (e) below. (13) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Holder will have th right to be paid back for all of its costs and expenses, including, but not 'limited reasonable attorneys' fees. B, GIVING OF NOTICES: Unless applicable Law required a different methcd, any eetic that must be given to me/us under the Note will be viven by delivering it or by mailing it by Packet Page -1270- OR, 31 Qb P( 023 x A r • 'first class mail to me at the Property Address cn Page 1 t er at : 9/22/2015 16.D.3. I/we give the Note Holder a notice cf my/our different address. Any notice that must be given to the Note Holder under this Note will be given by maiil::g it by first class mail to the Note Holder at the address stated in Section 3;A) at different address if I/we have been given a notice of that different address. 9. OSLIQkTIOM9 OF PSR9ON9 MOSS THIS HOTS: If more than one person signs this Note. each person is fully and personally cbliaated to keep all of the promises made :.n this Note, including the promise to pay the full amount owed. Any person who is a guarantor. surety or endorser of this Note.is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser ot thie Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amcor,t_o owed under this Note. 10. WAIVMRB: I and any other person who has obligations under this Note waive the rig?u. presentment and'notice of dishonor. 'Presentment- means the right to require t'ue , Holder to demand payment'of amounts due. 'Notice of Dishonor' means the right to re,.a:e the Note Holder, to give notice to other persons that amounts due have not been paid. 11, UNIFORM SWOP= SOTS: This Note is a uniform instrument with limited variations in sore jurisdictions. In addition to•the protection given to the Note Holder under this Note. a Mortgage, Deed of Trust or Security Deed (the 'Security Instrument'). dated the same a. - as this Note, protects the Note Holder from possible losses which might result if I we not keep the promises which I/we make in this Nute. That Security Instrument desc,il'es how and under what conditions I!we may be required to make immediate payment in full :_ all amounts I/we owe under this Note. Some of those conditions are describes as f. ,._,._ . Transfer of the Property or a Beneficial Interest in Borrcwer. If all or any :art tf the property or any interest in it is sold or transferred (or if a beneficial intere:='. :.. Borrower is sold or transferred And Borrower is not a natural person) without Lender s prior written consent, Lender may, at its option. require immediate payment in fu:_ all sums secured by this Security Instrument, However, this option shall lot be •exercised by Lender if 'exercise is prohibited by federal law as of the sat_ Cl Security Instrument. 171. *-g `yFj��,�• • If Lender exercises this opt,io' tender sharl-=:gatidieBorrower notice of acce1erat The notice shall provide a period Ep1%not less than thir.L-y\.(30) days from the date the is delivered or mailed, within/which Borrower must'pay\all sums secured by this Security Instrument. If Borrowerls)j feil to\-pay__these sums prior to the expiratics . period, Lender may invdke ny remedies,permitted. by this Security Instrument , ien_ut further notice or demand on!Bteex:owar --, 1t \( Notwithstanding the above) the Lenderd ee-epht�s to collect and apply the ia_ :'ance proceeds hereunder ane ,bA i;,,}lfjgatjapd,i s bordihate {40.!the rights of the Cans ct Holder to collect and applsudh proceeds rn':accort9ance ith the First Deed of Tn:st. 17. This note is governed and ognstrued in accordI ce itith"°eh• Lave of the State of Florida. WITNESS THE HAND(s) AND SEAL'(S3,DF THE UNDSRSIONED,.;: �. 46 (Sea'.) Borrower Barbara Bolden _ (Seal) Borrower RETURN TOt collier County Housing & Urban Improvement Department. 3050 North Horseshoe Drive, #145 File#: 03-021 Naples, FL 34104 Phone: 1941) 403-2338 Fax: (941) 403-2331 • Packet Page -1271- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY TI-IESE 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 Barbara Bolden to COLLIER COUNTY, recorded on 09/09/02 in Official Records Book 3106, Page 0279, of the Public Records of Collier County, Florida, securing a principal sum of S5.000.00 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 - . 2015, Agenda Item Number . ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY. FLORIDA By: BY: . DEPUTY CLERIC TIM NANCE. CHAIRMAN Approval for form and legality: _ . a Jennifer A. Belpedio -' te. Assistant County Attorney ( Packet Page -1272- "�`.- ] INSTR 5047214 OR 5090 PG 2517 RECORDED 10/31/2014 2:49 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 9/22/2015 16.D.3. DOC @.35 $105.00 REC 544.00 OBLD 530,000.00 • Prepared by and Return to: Collier County Community and Human Services Department 3339 E.Tamiami Trail,Building H,Suite 211 Naples,Florida 34112 • STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SUBORDINATEE MORTGAGE THIS SUBORDINATE MORTGAGE("Security Instrument")is given on,"](� ` day of i C 1 O(�C ( ,2014. The Mortgagor(s)istare: Barbara Bolden, a single person ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3339 E. Tamiami Trail, Naples, Florida 34112. Borrower owes Lender the sum of Thirty Thousand and 00/100 Dollars ($30,000.00). This debt is evidenced by Borrower's Note dated the • same date as this Security Instrument("Second Mortgage"),which does not provide for monthly payments.The full debt,if not paid earlier,is due upon sale,transfer,refinance or loss of homestead of the property within the fifteen year term.If sold after the fifteen year term,no repayment is required.As long as the borrower continues to own and occupy the assisted property during the term of the mortgage,then the loan will not have to be repaid. This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions • and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of 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:HABITAT VILLAGE BLK41.9711`f C.J 1 and which has the address of: ("Property Address")r"1 S0"Sitterley—Strom t',. Naples FL 34113 1 '4'Address) \ (City) (State) (Zip) TOGETHER WITH all the improvements now or}}teaeafter erecTBd'on'the property,an all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,(water rights anniaatodr aad all fixtures now br hereafter a part of the property. All replacements and additions shall also be covered by the SedurityAps1Sri ante-Pilaf-tfitif 7er�jbi(tgis'e ('d top"this Secunty Instrument as the"Property". BORROWER COVENANTS that Borrower'is Iawfdl(y seized Of(heltestate tereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,lexc eptlforenca'tflbrances df record,!Borrower warrants and will defend generally the title to the Property against all claims and emandg;'syfajeot,to-epy egctjt)brance.S oLceooj THIS SECURITY INSTRUMENT coni,birtes uniform covenants for national use and nen-uniform covenants with limited variation by jurisdiction to constitute a uniform security instruinentcovering real property. a UNIFORM COVENANTS. Borrower an(LC;ender covenant and agree a5?follows` 1. Payment of Principal and Interest;•pre'payment and Late Charges.-'BottQwer shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay all taxes;essessments,_sewer rents:Pr water rates prior to the accrual of any penalties or interest thereon. /if IT The Mortgagor shall pay or cause to be paid,as the'same;7espectYetribecome due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges. including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and (3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late charges due under the Note. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which may • attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments_. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by tire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph Packet Page -1273- OR 5090 PG 2518 9/22/2015 16.D.3. 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the tee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no to tgarbe-requjred,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided-by:art r u r` toiVect by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain p y P q ��9a8E�ar+ee-w;eHeq}}p{#o provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any writteCtigreetnent between Bdrro-Werati Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon andvrr pections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection speeifyino,feasonatle,cause for the inspedh,on. , 10. Condemnation. The proceeds of'any awarst ,r.plairtrfordamageea,direct dr con'sequential,in connection with any condemnation or other taking of any part of the Property,or for conrieyance inl-reu of-condemnation,are liereby,assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceedsi'shaft-.tZetappfl tgtt rs9(ns�s�Crired//-� ithis Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of 9partial taking oftthelProgerty,lirf whrc11 the fair,market value of the Property immediately before the taking is equal to or greater than the amount;of the sdrnslsecured-bihis;eourity Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing'the eurns.5pouredbyAl'g Security Lnstrumeneshsll be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount 6Tthe sums secure _mediately before the taking,divided by(b)the fair market value bn of the Property immediately before the taking. ,geba Bdlance shall be paid to i ower.l In t)'ie'event of a partial taking of the Property in which the fair market value of the Property immediately'b`pfore the taking is less lhan*p-arrlountdf,the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writipgor unless applicable law btheravise`p`toVides,the proceeds shall be applied to the sums secured by this Security Instrument whether or notlhe sums are then due. Unless Lepderand Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or.$ostponelhe due date of-the' orlth1y payments referred to in paragraphs 1 or change the amount of such payments. .-- 11. Borrower Not Released,Forbearance By LertddrNot aViaiver,-Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument grante76y—lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument: and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14, Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be govemed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Securit Property and Borrower's obligation to pay the sums Packet Page -1274- OR 5090 PG 2519 9/22/2015 16.D.3. secured by this Security instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law, The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable-attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured-bfinis. curfityrtnitiiment,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordatigrrOos ' f✓_A T; 23. Attorneys'Fees. As used in this Secur'itgllfstruthent and the Note;;.'atfotri'eys'fees"shall include any attorneys'fees awarded by an appellate court. /C—?'" N. 4. '• 24. Riders to this Security Instrument. If onesr.rtpre riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such'fider„shall'be-incoryofated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the riders)were a Xrart of-this Security Instrument. (Check Applicable Box) `tt~ CI Adjustable Rate Rider ❑Rate Improvement Rider i 1 I ,6) / 22 Condominium Rider ❑Graduated Payment Rider ❑1-4 FamjlvRrderA I� 1 y ®SeCOtrd Home Rider ❑Balloon Rider ❑Biweyldy Payment Rider~' ` "Q RlaSried Unit Development Rider ❑Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to,fheAerms and covenants contained in Security Instrument and in any rider(s)executed by Borrower and recorded with it. / `t Signed,sealed and delivered in the presence of. Signature:./ Signature: Borrower Barbara Bolden Co-Borrower STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that, Barbara Bolden personally appeared to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. � WITNESS my hand and official seal in the County and State aforesaid this /� ) day of t ,C1 7-1{X'r ,2014. My Commission Expires: 1All Cf (Seal) 11�C� 12(ic..C ,IgrCLL-j Notary Public's Signature \tHI I I Iu, `I W IZADtY C.4f0 .a.ss.. oor;r�i: I CLi-i C • IT)cc itt ..4« 13 Notary's Printed N me a In-10/384 SHIP File: f •b°yam 67;:' `c? SHIP Owner-Occupied Rehabilitation Program ./p STATECE N`` Oinifinnto Packet Page -1275- OR 5090 PG 2520 9/22/2015 16.D.3. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM OWNER—OCCUPIED REHABILITATION PROMISSORY NOTE Borrower(s): Barbara Bolden • 12080 Sitterley Street Naples, FL 34113 (Property Address) (City) (State) (Zip) 1. BORROWER(S) PROMISE TO PAY: I/We promise to pay Thirty Thousand and 00/100 Dollars ($30,000.00) (this amount will be called "principal") to the order of Collier County or to any other holder of this Note (the "Lender"), whose address is 3339 E. • Tamiami Trail, Naples, Florida 34112. I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". 2. INTEREST: Interest on this Note shall be zero percent (0%) per annum; except that if I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until I/We pay it in full. 3. PAYMENTS: Payment in full is due upon sale, transfer, refinance or loss of homestead of property within the fifteen year deferred payment loan. If sold after the fifteen year term, no repayment is required. As long as the borrower continues to own and occupy the assisted property during the term of the mortgage, then the loan will not have to be repaid. If all conditions of the loan are met, one-third of the loan will be forgiven in five yoar_,_increments so that at the end of the fifteenth (15th) year the loan. lE.ckslq;yenf a i dull. My/Our total payment shall be U.S. $20,000.00. tai 4. BORROWER'S RIGHT TO PREPAl� /I/We have the right tO, make payments of principal at any time before they/are tdue.— A-. payment of., principal only is known as a "prepayment". When T'/We;'makee= prepaym�4nt, I/we will tell the Note Holder in writing that I/we am dpin}� sg I/We may make a full prep;aytlent(or paritb_aw_grepaYMent charge. The Note Holder will use all of my prepay'e,nt% to, reduce ,tl3e(amour 6f jthe; principal that I owe under this Note. If I/We me15.0:•p`ai-tta prepayiitentr'.Lliere, iIll be no changes in the due date or in the amount o`f_sey monthly payment unless the'Note Holder agrees in writing to those changes. If '�3/Pe make a partial pvepayuiert'",-' there will be no prepayment penalty adhering to or asi'ociated with such p_e(iasme3t 5. LOAN CHARGES: If a law, 4.ha i .applies to-thaS :loan and which sets maximum loan charges, is finally interpreted so th-dz-.the,0.ntexest or other loan charges collected or to be collected in connection thi,th1$ -1'oan exceed the permitted limits; then (i) any such loan charges shall joW-F6UTirqed by the amount necessary to reduce the charges to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and oonditions of the First Deed of Trust and tO all advances he_ made m- e or which may hereafter be made pursuant to the First Deed of Trust including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Deed of Trust, curing defaults by the Borrower under the First Deed of Trust or for any other purpose expressly permitted by the First Deed of Trust or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force cr effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the a through rough a foreclosure or Property � deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that (1) the Lender has been given written notice of a default under the First Deed of Trust and (ii) the Lender shall not have cured the default under the First Deed of Trust within the 30-day period provided in such notice sent to the Lender. 7. BORROWER(S) FAILURE TO PAY AS REQUESTED: (A) Default 1 Packet Page -1276- *** OR 5090 PG 2521 a** 9/22/2015 16.D.3. If I/we do not pay the full amount as required in Section 3 above, I/we will be in default. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me/us to pay the Note Holder's cost and expenses as described in (B) below. (B) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its costs and expenses, including, but not limited to, reasonable attorneys' fees. B. GIVING OF NOTICES: Unless applicable law required a different method, any notice that must be given to me/us under the Note will be given by delivering it or by mailing it by first class mail to me at the Property Address on Page 1 or at a different address if I/we give the Note Holder a notice of my/our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address if I/we have been given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment,of amounts due. "Notice of Dishonor" means the right to require the yo_t' Kolyd`e4 ts. give notice to other persons that amounts due have not been Pa, e,�r try 11. UNIFORM SECURED NOTE: }`hiB 4gote is a uniform instrument with limited variations in some jurisdictions. In adtiition t r r-otectihn given to the Note Holder under this Note, a Mortgage,/ Deed Ai'T-rust_Qr Security heed (the "Security Instrument"), dated the same date as thi.a-..Notsk r4teets`& p�;_NOte Holder from possible losses which might result if I/y,,'u rdo`�isot };eepe the )o;oitisee which I/we make in this Note. That Security Ins rumenb desctibes how .andk\urlder; what conditions I/we may be required to make immedsate, payment. in!fpl(II of all amOwnnts I/we owe under this Note. Some of those conditions:.are-describ'ed ' ollows: Transfer of the Prop rty,,,vr a Beneficial I tfjierest .rn,$orrower. If all or any par` of the property or any\interest in it is so3.d or'"t,ransferred (or if a beneficial interest in Borrower is sold�'ior transferred And Borrower is not a natural person) without Lender's prior writ'tetyconsent, Lendee'mayi at its option, require immediate payment in full or all sums ,sec9ned 7by-Ois'.;Security Instrument. However, this option shall not be exercised by .ender If,.-em rcise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (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(s) fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Notwithstanding the above, the Lender's rights to collect apply the insurance proceeds hereunder shall he subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. 12. This note is governed and construed in accordance with the Laws of the State of Florida. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Borrower Barbara Bolden Date Borrower Date RETURN TO: Collier County Community and Human Services Department SHIP OWNER-OCCUPIED REHABILITATION PROGRAM 3339 E. Tamiami Trail, Building H, Suite 211 Naples, Florida 34112 SHIP File#: 12-010R Packet Page -1277- 9/22/2015 16.D.3. Prepared by:Mandy Moody Collier County Community and Human Services Divivsion 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 Barbara Bolden to COLLIER COUNTY, recorded on 10/31/14 in Official Records Book 5090, Page 2517, of the Public Records of Collier County, Florida, securing a principal sum of $30,000.00 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 - ,2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY,FLORIDA By: By: , DEPUTY CLERK TIM NANCE,CHAIRMAN Approval for form and legality: Jennifer A. 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U C7 U' •J' 0 C7 C7 C C7 C9 C7 U C7 C N a) : 0 0) FU i. oon00000 0000000 , F [;U m m m. m m m 0 m m m 0 m m m m m. ';.11.1..1 4 .,p p - $. [ Z II C .Tfl' 01 CC 0 .Cr) - 0 0 m m m m m m m m m m r, m m m m 0 01.1 x0 F. F• m a. ' n r"9 n r n r 0. w ay N I m - N Packet Page -1279-