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Agenda 12/08/2015 Item #16D 812/8/2015 16.D.8. EXECUTIVE SUMMARY Recommendation to approve eleven mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $71,750. 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. File # Name Security Mortgage Payoff Public Record Instrument Amount Amount 10 -023 Myrlande Accime SHIP Second Mortgage $3,000.00 $3,000.00 OR4750 PG2965 03 -153 Daniel Barcela & SHIP Second $2,500.00 $2,500.00 OR3268 Gelsy Morales Mortgage PG0859 09 -056 Peter Brake SHIP Second Mortgage $2,400.00 $2,400.00 OR4409 PG2173 Angel Crespo, SHIP Second OR4422 09 -061 Mayelin Herrada & Mortgage $4,500.00 $4,500.00 PG3999 Rodolfo Herrada 02 -222 Lisa Dasher SHIP Second Mortgage $5,000.00 $5,000.00 OR3057 PG 1901 02 -150 Gloria E. Flores SHIP Second Mortgage $5,000.00 $5,000.00 OR3005 PG0813 04 -098 Viola Madrigal SHIP Second Mortgage $5,000.00 $5,000.00 OR3572 PG1581 OR4281 07 -033 Darryl Richard & SHIP Second $35,250.00 $35,085.86 PG1723 Subordinated Natalya Gomez* Mortgage OR4830 PG623 09 -108 Yuset Telena SHIP Second Mortgage $3,000.00 $3 000.00 OR4454 PG0271 10 -037 Yamily Veloz SHIP Second Mortgage $3,220.00 $3,220.00 OR4752 PG2390 09 -105 Jamie Walker SHIP Second Mortgage $2,880.00 $2,880.00 OR4445 PG0873 Total 1 $71,750.00 1 $71,585.86 Packet Page -979- 12/8/2015 16.D.8. *Payoff in the amount of $35,250 is more than the amount due on the loan. The correct amount of the payoff is $35,085.86. A refund in the amount of $164.14 must be issued back to the title company Marc F. Oates, P.A. Approval of this item will authorize the Chairman to sign the eleven aforementioned satisfactions of mortgage and the executed documents shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: Repayments in the amount of $71,585.86 are considered program income and have been deposited in SHIP Grant Fund 791, Project 33429 and may be reused for eligible SHIP activities. The $10 recording fee is paid by the homeowner. A refund in the amount of $164.14 must be issued back to the title company Marc F. Oates, P.A. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign eleven mortgage satisfactions for owner - occupied affordable housing units for which repayment in full has been provided to Collier County. Prepared by: Wendy Klopf, Operations Coordinator, Community and Human Services Attachments: Satisfactions SHIP Mortgages SHIP SAP Backup Richard Backup Packet Page -980- 12/8/2015 16.D.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.8. Item Summary: Recommendation to approve eleven mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $71,750. Meeting Date: 12/8/2015 Prepared By Name: K1opfWendy Title: Operations Coordinator, Community & Human Services 11/2/2015 4:21:40 PM Submitted by Title: Operations Coordinator, Community & Human Services Name: K1opfWendy 11/2/2015 4:21:41 PM Approved By Name: KushiEdmond Title: Accountant, Community & Human Services Date: 11/16/2015 8:16:39 AM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Community & Human Services Date: 11/16/2015 10:25:50 AM Name: Bendisa Marku Title: Supervisor - Accounting, Community & Human Services Date: 11/16/2015 12:17:55 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 11/16/2015 12:21:50 PM Name: GrantKimberley Packet Page -981- 12/8/2015 16.D.8. Title: Division Director - Cmnty & Human Svc, Community & Human Services Date: 11/16/2015 12:36:42 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 11/16/2015 8:25:43 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 11/16/2015 8:26:44 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 11/18/2015 10:10:08 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 11/19/2015 8:40:22 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 11/19/2015 10:30:49 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/19/2015 11:54:19 AM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 11/20/2015 2:47:15 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 11/20/2015 6:00:39 PM Packet Page -982- 12/8/2015 16.D.8. Prepared by: Wendy Klopf Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Myrlande Accime to COLLIER COUNTY, recorded on 12/29/2011 In Official Records Book 4750 , Page 2965 , of the Public Records of Collier County, Florida, securing a principal sum of S 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 - ATTEST: DWIGHT E. BROCK, CLERK By: 2015, Agenda Item Number , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney � `YX BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN Packet Page -983- 12/8/2015 16.D.8. Prepared by: Wendy Klopf Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112. THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES; FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Daniel Barcela & Gelsy Morales to COLLIER COUNTY, recorded on 04/17/2003 In Official Records Book 3268 , Page 0859 , 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 A`\� Assistant County Attorney mod' Packet Page -984- 12/8/2015 16.D.8. Prepared by: Wendy Klopf Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Peter Brake to COLLIER COUNTY, recorded on 11/24/2008 In Official Records Book 4409 , Page 2173 , of the Public Records of Collier County, Florida, securing a principal sum of S 2,400.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ATTEST: DWIGHT E. BROCK, CLERK By: 2015, Agenda Item Number. , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN ' �i Packet Page -985- 12/8/2015 16.D.8. Prepared by: Wendy Klopf Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Angel Crespo, Mayelin & Rodolfo Herreda to COLLIER COUNTY, recorded on 01/28/2009 In Official Records Book 4422 , Page 3999 of the Public Records of Collier County, Florida, securing a principal sum of S 4,500.00 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 - ATTEST: DWIGHT E. BROCK, CLERK By: , 2015, Agenda Item Number. ,DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN Packet Page -986- i 12/8/2015 16.D.8. Prepared by: Wendy Klopf Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Lisa Dasher to COLLIER COUNTY, recorded on 06/18/2002 In Official Records Book 3057 , Page 1901 , of the Public Records of Collier County, Florida, securing a principal sum of S 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 - ATTEST: DWIGHT E. BROCK, CLERK By: 2015, Agenda Item Number. , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: _ P '%�o TIM NANCE, CHAIRMAN Packet Page -987- 12/8/2015 16.D.8. Prepared by: Wendy Klopf Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Gloria E. Flores to COLLIER COUNTY, recorded on 03/23/2002 In Official Records Book 3005 , Page 0813. of the Public Records of Collier County, Florida, securing a principal sum of S 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 - ATTEST: DWIGHT E. BROCK, CLERK By: 2015, Agenda Item Number. ,DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney \S BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN Packet Page -988 -. 12/8/2015 16.D.8. Prepared by: Wendy Klopf Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Viola Madrigal to COLLIER COUNTY, recorded on 05/26/2004 In Official Records Book 3572 , Page 1581 , of the Public Records of Collier County, Florida, securing a principal sum of S 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 - ATTEST: DWIGHT E. BROCK, CLERK By: 2015, Agenda Item Number ,DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN Packet Page -989- J � ... 12/8/2015 16.D.8. Prepared by: Wendy Klopf Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Darryl Richard & Natalya Gomez to COLLIER COUNTY, recorded on 09/13/2007 In Official Records Book 4281 , Page 1723 of the Public Records of Collier County, Florida, securing a principal sum of S 35,250.00 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: DWIGHT E. BROCK, CLERK By: DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN Packet Page -990- 12/8/2015 16.D.8. Prepared by: Wendy Klopf Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Yuset Telena to COLLIER COUNTY, recorded on 05/20/2009 In Official Records Book 4454 , Page 0271 , 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 - ATTEST: DWIGHT E. BROCK, CLERK By: 2015, Agenda Item Number. , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney S \�S BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN Packet Page -991- 12/8/2015 16.D.8. Prepared by: Wendy Klopf Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Yamily Veloz to COLLIER COUNTY, recorded on 01/04/2012 In Official Records Book 4752 , Page 2390 , of the Public Records of Collier County, Florida, securing a principal sum of S 3.220.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ATTEST: DWIGHT E. BROCK, CLERK By: 2015, Agenda Item Number ,DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio S\`� Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN Packet Page -992- 12/8/2015 16.D.8. Prepared by: Wendy Klopf Collier County Community and Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Jamie Walker to COLLIER COUNTY, recorded on 04/20/2009 In Official Records Book 4445 , Page 0873 , of the Public Records of Collier County, Florida, securing a principal sum of $ 2,880.00 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: DWIGHT E. BROCK, CLERK , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio / Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN Packet Page -993- INSTR 4642276 OR 4750 PG 2965 RECORDED 12/29/2011 8:35 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 12/8/2015 16. D.8. DOC @.35 $10.50 REC $27.00 OBLD $3,000.00 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SECOND MORTGAGE THIS SECOND MORTGAGE ("Security Instrument ") is given on Z day of Nei —1 io , 2011. The Second Mortgagor is: Myrlande Accime, a single woman ("Bonower). 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 (03,000.00)., 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 loan 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 Secuft 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 Regal Acres Lot IS, of the Public Records of Collier County, Florida and which has the address of ( "Property Address"): 10287 Xingdom Ct Naples Florida 34114 (Address) (city) (State) (Zip) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and sock and all factures now or hereafter a part of the property. All replacements and additions shag also be covered by the Security Instrument. Ail of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower Is lawfully selzed of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, minces of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, e�'gfn of record. THIS SECURITY INSTRUMENT combines mf non - uniform covenants with limited variation by jurisdiction to constitute a uniform severity in real property. UNIFORM COVENANTS. Borrower an covenant and agree as fob 1. Payment of Principal and Intents Pre Late Charges. all promptly pay when due the principal of and interest on the debt evidenced by the Note. thereon. 2. Taxes. The Mortgagor will pay ajl taxes, a as r rents r water es p 'or to the accrual of any penalties or interest The Mortgagor shag pay or cause be pxid,�es t(j re yi (A)( ) all taxes and governmental charges of any kind whatsoever which may at any time be 11 a or i to t Property, (2) all utility and other charges, including "service charges ", incurred or im do , all use q4 pkeep and improvement of the Property, one (3) all assessments or other governmental y I ins period of years, the Mortgagor shall be obligated under the Mortgage to pay rr wu id only such Installment are th paid during the tern of the Mortgage, and shall, promptly after the payment of any of the qng, forward to Mortgagee ' e o �¢aymeM 3. Application of Payments. Un ble law provides othe al interest due; and, to principal due; and last, to a arges due under the Note. / �p4 received by Lender shalt be applied; first, to 4. Charges; Liens. Borrower shall pay amends, cllarges a impositions attributable to the Property which may attain priority over this Security Instrument, and Is a or ro Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, arts 84 Ibils nts. Borrower shall promptly discharge any lien which h t ' rity Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner accepts e o Lender, (b) contests in good faith the lien enforcement of the lien in, legal proceedings which in the Lenders opinion g by, or defends against operate to prevent the enforcement of the mien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If tender 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 shag 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 shag 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 shag 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 shag 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 shag be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the Insurance 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 polices and proceeds resulting from damage to the Property prior to the acquisition shag pass to Lender to the extent of the sums seared by this Security Instrument immediately prior to the acquisition. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shag continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether dvH 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 Packet Page -994- OR 4750 PG 2966 12/8/2015 16.D.8. 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 shag comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shag not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights in the Property. If Borrower fags 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 seared 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 Borower seared 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 paymenL IL 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 rieu 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 shag 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 shag 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 shag be applied to the sums secured by this Security Instnrment, 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 seared 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 artaunt of the s \ tely before the taking, divided by (b) the fair market value of the Pmperty immediately before the taking. Any baton 1 ' v' t n the eve nt of a partial taking of the Property in which the fair market value of the Property immediately loaf Id of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree ii within o�i ss applicable es, the proceeds shall be applied to the sums secured by this Security Instrument whether or mgt t s are than due. Unless L Borrower otherwise agree in writing, arty application of proceeds to principal shag not extprnd or Maor the due date of the mo ly ants referred to In paragraphs 1 or change the amount of such payments. 11. Borrower Not Released, Fo rbd/ aran B nder N Waiver. ensio of th time for payment or modification of amortization of the sums secured by this SecLrity I stoma t g ssor n interest of Borrower shall not operate to release the liability of the original Borrower Bo s i t. a not required to commence proceedings against any successor in interest or refuse t exte d b a to pa m nt r t e a ortizgtion of the sums seared by this Security Instrument by reason of any demand made rbe rig at or 9 es s so jn,jr>ferest Any forbearance by Lender in exercising any right or remedy shall not be a (' re e of a o OW6dy. 12. Successors and Assigns BoJOCJoint and Several Llabfll Sig ens ovenants and agreements of this Security Instrument shall bind and benefit the successo(rin assigns of Lender and B�ver, subj� khe Provisions of paragraph 17. Borrowers cove ns a agreements shall bejoht nd e I }Q�y Borrower who co-signs this Security Instrument but does not execute the Note; (a) is mg ' g this Security instrumentonly okgage, grant and convey that Borrowers interest in the Property under the terms of this Security In t ) is not personally oblay the sums seared by this Security Instrument; and (c) agrees that Lender and any other Borrower me it end, m O fZart Y r make any accommodations with regard to the terms of this Security Instrument or the Note out that Bc r�I 13. Loan Charges. If the loan seared by this Se ' I abject to a lawwhich sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges col 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. 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 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 seared by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. . 16. Borrowers Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable 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 futly effective as if no acceleration had occurred. However, this tight 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 Servicerl 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 taw. 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 Packet Paize -995- * ** OR 4750 PG 2967 * ** 12/8/2015 16.D.8. 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 govemmental 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 Lau/' 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 erred 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 attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used in this Security instrument and the Note, "attorneys' tees" 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 ❑ Graduated Payment Rider ❑ 1.4 Family Rider ❑ Balloon Rider ❑ Biweekly Payment R' ❑ Other(s) (specify SIGNING BELOW, Borrower accepts and agrees 6 —1-s and cover by Borrower and recorded with iL / Signed, sealed and delivered in the presence OE J! Co- 0 STATE OF FLORID A� CT COUNTY OF COLLIER ❑ Condominium Rider ❑ Second Home Rider ❑ Planned Unit Development Rider Instrument and in any riders) executed Accize 1 hereby certify that on this day, Myrlande Accime before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, 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. ,ru�!v!uw141jrui, WITNESS My the County and State aforesaid this 15 day of SHIP File #: 10 -23 Prepared by: Collier County Housing, Human & Veterans Department 3339 E. Tamiami Trail, Bldg H, Suite 211 Naples, FL 34112 Name Packet Page -996- —r r 2011. Any 'I Us Mo.EE/J�I /R >7 AUBLIG.• °� Rom &Rollumto: 3166726 OR: 30268 PG: 0859 Guff Coast TNle Group, Inc. RICORDID in "I'll' 12/8/2015 16.D.8. 7992&Trsde Center Way - Suite 4 0411112003 at 1::14 �Naples FL34109 OBLD .500.00 sacolam j)noleTaa►as oILI 2500.00 RIC 111 15.00 DGC-.3t 8.15 THIS SECOND MORTGAGE ('Security Instrument') is given on March , 2003 The Sgll Mortgagor is: NMIDaniel Beroela & Gelsy Morales, Husband T TITL9 GROUP /RC I CINTIR WAY 14 ('Borrower'). This Security Instrument is given to Collier County 11APLIk- nbbK which is organized and existing under the laws of the United States of America, and whose address is 30560t sorseshoe Drive, 6]75, Naples, Florida 34014 . Borrower owes Lender the sum of Two Thousand Five 1Wndred and No/ 100ths Dollars (U.S S 2 500 - 00 ). This debt is evidenced by Borrower's Note dated the same data as this Security Instrument ('Second Mortgage'), which provides for monthly payments, with the full debt, II not paid earlier, due and payable on sale of property, refinance, or loss of homestead sx!Ntion . 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 Unit 8-101, Naples Porkwood Club, A CondominIuM C0M0r County, FhxkIs and which has the address of: (*Property Address'): 5675 Waitaker Road, •101, 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. 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 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 Interest on the debt evidenced by the Note. 2. Texas. The Mortgagor will pay all taxes, asses s,;eyre( or water rates prior to the accrual of any penalties or interest thereon. i�• l• due, (A)() 9 y The Mortgagor shall pay or cause to be pe' ere � tall taxes and ovemmental charges of an kind whatsoever which may at any time be lawful y d or levied against or sped to the Property, (2) all utility and other charges, including 'service charges', incurred or i or operation, maintenance, use, ncy, upkeep and improvement of the Property, and (3) aN asaessments or other govemnrental cha at at be id i install nts d r period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause o tx3�paid h instal s s are ui to be paid during the term of the Mortgage, and shell, promptly after the payment of any oft to o f rwa�vidence suc payment. 3. Application of Payments. Un as i 1 3 , n received by Lender shall be applied; first, to interest due; and, to principal due; and last (o a la cha du lu, r ' 4. Charges; Llens, Borrower stul)I 11 tr n rges, s and i sitions attributable to the Property which may ,P4 '� attain priority over this Security Instnwi ent pa 0 re nyw ` orowwer shall promptly fumish to Lender all notices of amounts to be paid under this pa and all receipts evident the ym / Borrower shall promptly discharge a which has priority over ri ty nt unless Borrower (a) agrees in writing to the payment of the obligation secured by the If nner acceptable to L r;Ab Is in good faith the lien by, or defends against enforcement of the lien in, legal proceedings wh (ri t Lender's opirmon operate nit the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to r. r inatfng the lien unity Instrument. If Lender determines that any part of the Property is subject to a lien which may attain p wfg ihs , ; Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more o1 the a in 10 days of the giving of notice. 5. Hazard or Prop" Insurance. Borrower shall merits now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tern '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 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, 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 noolied to restoratior or re ;nir cf the Property damaged, it the restoration or repair is economically feasible and Lender's security is not lessened. It the restoration or repair is not • la tb re..... t ,Ha :nc,nnnre ,.mrno,le shed M amliPel to the sums seCllred by the Secuntv i ld6fianiea)iy (eaalUri ear Landdrw -s sacuPnj '"�uti o r ...- --...- _ 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 t 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, Pnm"lon, Maintenance and Protection of the Property; Borrower's loan Application, Laassholds. 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 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 ban 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 Packet Page -997- 0. n. Inrn nn. nnrn 12/8/2015 16.D.8. 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. tt Borrower acquires tee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Prolift li 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 Lender's fights 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' 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. L (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 attemate 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 at 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, it mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an Insuror 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 apscflyfrg reasonable cause for the inspection. 10. Condsmnatfon. 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 Neu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shed 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 stuns 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 t d the monthly payments referred to in paragraphs t or charge the amount of such payments. 11. Borrower Not Released, Forbearance on of the time for payment or modification of amortization of the sums secured by this Security In nted by Lender ►�{ ssor in interest of Borrower shall not operate to release the liability of the original Borrower or r ssors in interest. Leiida/ehteel cwt be required to commence proceedings against any successor in interest or refuse to a nd ti ant or otherwise a ization of the sums secured by this Security Instrument by reason of any demand made by e ' 'n succ i interest. Any forbearance by Lender in exercising any right or remedy shall not be a ver or precl rouse any right r re 12. Successor and Assigns Bound; The covenants and agreements of this Security ItetrurtlsM stet bind and berteflt the succe e g of a r, to �he Provisions of paragraph 17. Borrowers a ag sh lt e Borrower who co-signs this Security Instrument but does not execute the Note; (a i o rttoe g�lyge, grant and convey that Bonowees interest In the Property under the terms of this Secu ' �itatriumern; (b) is not pe obl' tgrpit( sums secured by this Security Instrument; and (c) agrees that Lender and any other may agree to extend, in o r any accommodations with regard to the terms of this Security Instrument or the Note without t es consent. 13. Loan Charges. If the loan secu Security Instrument is which sets maximum loan charges, and that law Is finally Interpreted so that the interest or othe rites coflW or to be in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be red nit races the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded perm li . Lender may choose to make this refund by reducing the principal owed under the Note or by making a dl er. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under ote. 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. 10. Ooveming Law; Siwrabflity. This Security Instrument shag 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. 1e, Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transtsr 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. It Borrowers Rloht 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. Sala of Note; Change of Loon 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 —"ential uses and to maintenance of the Property. Packet Page -998- C". ftftPA %A AAP A.A6 12/8/2015 16.D 8. Borrower shell promptly give Lander written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower teams, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, 'Hazardous Substances' are those substances defined as toxic or hazardous substances by Environmental Law and ilia following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile sotyents, 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 1c,cated that relate to health, safety or environmental protection. 21. Acceleration; Ratceedles. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or cgroerrent 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 turt' ^a; 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. It 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 lort case this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies pm,.,f_ in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Rslis . upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without ;; crgc, to Borrower. Borrower shalt pay any recordation costs. 23. kEi¢rt ). ' lxm6 . As used In this Security Instrument and the Note, 'ettomeys' fees' shall include any attomeys' fees awarded by cv:irt. 2d, Si6 rs tCe @ ido "iaeur ty Instrument If one or more riders are executed by Borrower and recorded together with this Security r stn; mart, t ,o covanants and agrasmsnts of each such rider shall be incorporated into and shall amend and supplement the covenants and sr« s ments of this Socuhty Instrument as if the riders) were a part of this Security Instrument. (Check Applicable Box) F;!justabte Rate Rider ❑ Rate Improvement Rider ❑_ C-redwed Payment ruder ❑ 1-4 Family Rider Bolioon Rider ❑ Biweekly Payment Rider (7:her(s) (specify C. W! WG 5EL0'8i Borren -er accepts and agrees to the terms and-; anowcxr and re:.omed y6th it. %' b " N111 sd r ":rr d i:t . , i esence of: (} r Signature: ❑ Condominium Rider ❑ Second Home Rider ❑ Planned unit Development Rider :ontained in this Security Instrument and in any rider(s) executed Iq f ^N Std \ �'n f �,1• Address tps whit or Rciadr tl101 f Ng�.1sT Florida 3411.2 STA i E OF FLORIDA COUNTY OF 1 `era :t ceri°y i Ihat en this day, before me, an officar duly authonzed in the state aforesaid and in the county aforesa,d to take :. ,` nowicdgcrn5nts, p9rsenally appsaied Dank! Sarcda & Getty Morales to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that (Het she/ they) executed the same for the purpose therein expressed. NEas my hand and officiwl seal in the county and State aforesaid this 1-0/ day of iyry zc :- - 20 r` " . My Cemmissicn Expires: � L t _- Nola btic'_s Signature (SSE!) U ' i-4attirys.Printed Name F lei: 03 -153 ASYG M• ,foaa rrret,y Packet Page -999- Retn: 4235021 OR: 4409 PG: 12/8/2015 16.D.8. BAT TITLE i ESCROW RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL OBLO 2400.00 1227 ROGERS ST 11 11/24/1008 at 01:30PN DWIGHT 1. BROC1, CLERK OBLI 2400.00 CLEARWATER FL 33756 RIC FEE 27.00 DOC•.35 8,40 SECOND MORTGAGE THIS SECOND MORTGAGE ( "Security Instrumenr') is given on , 2008. The Second Mortgagor is Peter Brake, a single man ("Borrower'). This Security Instrument is given to Collier Couaty ("Lender"), the laws of the United States of America, and whose address is 3301 S. Tanilami Trail, Ma les,o Florida 34112 under Borrower owes Lender the sum of Two Thousand Four Sutadred and 00 /100 Dollars ($2,400.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument ( "Second Mortgage "), which Provides for morrthl with the full debt, if not paid earlier, due and payable on _sale o£ proPert p y Payments, exetsption This Security Instrument secures to Lender a the repayment the refinance, or lose of homestead renewals, extensions and modifications; (b) the payment of all other sums withnterest advanced undebparagraph 7 prtoere the Sd culMy 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 Leawood Lakes, Lot 23, Collier County, Florida and which has the address of: ( "Property Address "): 191 Leawood Circle, Me les, FL 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, ex brances of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, s ��,,�, THIS SECURITY INSTRUMENT combines u ' f . of record. jurisdiction to constitute a uniform security instrume ' real ro rt • and non - uniform covenants with limited variation by UNIFORM COVENANTS. Borrower an covenant and agree as to 1. Payment of Principal and Interes Pre =and Late Charges. Bo ower hall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay at tax e , assessm is r rents r water tes rior to the accrual of any y penalties or interest The Mortgagor shall pay or cause t be d, s �e ct ly d kind whatsoever which may at any time beta Ilyl s oro vi' i or wi a 1) all and governmental charges of any including "service charges ", incurred or im Property, (2) all utility and other charges, (3) all assessments or other governmental a a la n ,� upkeep and improvement of the Property, and obligated under the Mort pay Y Y be pa i install an period of years, the Mortgagor shall be shall, promptly after the gage to a or cause aid only such install ( are rfr� payment of an of the f ', i be Paid during the term of the Mortgage, and Y forward to Mortga Bence 1� payment. 3. Application of Payments. Unless le law provides otherwise a' is received by Lender shall be applied; first, to interest due; and, to principal due; and last fo any as due under the Note 4. Charges; (Jens. Borrower shall pay all ments, ch nd impositions attributable to the Pro attain priority over this Security Instrument, and lease ho a Lend which may y of C4 r�jr f 'any. Borrower shall promptly famish to Lender all notices of amounts to be paid under this paragraph, and all' of payments. Borrower shall promptly discharge any lien which has prion 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 defend$ 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 Props 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 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 oroceedine whothnr ,.r,i ,." criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or othervk Packet Page _100_ ated by this Security Instrument or Lender's security 12/8/2015 16.D.8. 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 oft he 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 Properly. tf Borrower fails to pertortn the covenants and agreements contained lit 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 in 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 s ediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balan to In the event of a partial taking of the Property in which the fair market value of the Property immediately befo e. t of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in wri sss applicable law o �� rovides, the proceeds shall be applied to the sums secured by this Security Instrument whether or n �mia are then due. Unless L der a d Borrower otherwise agree in writing, any application of proceeds to principal shall not eM d orp due date of the mo hly p yments referred to in paragraphs 1 or change the amount of such payments. ct/ 11. Borrower Not Released, Forbearan a By Len Waiver. Extensio oft a time for payment or modification of amortization of the sums secured by this Security IA t e a sso in interest of Borrower shall not operate to release the liability of the original Borrower or�Borr s s t i to st L sh II no be required to commence proceedings against any successor in interest or refuse toiiexteq ti e f pa nt r o erwise o ify ort' ation of the sums seared by this Security Instrument by reason of any demand made bi tfi8 b ' i o r s sor i merest. An forbearance by Lender in T ..- y exercising any right or remedy shall not be a vj"; of or preclude the exeror es an right�4 edy. 12. Successors and Assigns Bou pint and Several Liability Si ners. covenants and agreements of this Security Instrument shall bind and benefit the successo ar I ssigns of Lender and B�. we , s o the Provisions of paragraph 17. Borrower's covenan mP fd reements shall be joint a D era . Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is ,g ' his Security Instrume t` ortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instru b ' ct rso i and (c) agrees that Lender and any other Borrower ma t an to pay the sums secured io this Security Instrument; 9xE cif f ar or make any accommodations with regard to the terms of this Security Instrument or the Note without that Bon -owe o�rit. 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 faits to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 16. 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 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 . - -- -A --- -- '_oan Servicer and the address to which payments should be made. The notice will also contain any other in Packet Page -1001- law. 0�12/8/2015A1ED` 8. 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 quantiti the s of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of 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 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 Lender, at its option, may require immediate specified is the notice, 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 ❑ Graduated Payment Rider ❑ 1-4 Family Rider ❑ Balloon Rider ❑ Biweekly Payment R' ❑ Other(s) (specify ��IER CC SIGNING BELOW, Borrower accepts and agrees o erms and covenants by Borrower and recorded with it f-- Signed, sealed 9d Vivered in the Witness#1: 1' • ON 11W STATE OF FLORIDA COUNTY OF N I if r Co- ❑ Condominium Rider ❑ Second Home Rider Planned Unit Development Rider in thl*,Security instrument and in any rider(s) executed Circle ida 34104 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 Peter Brake to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that (9 she/ they) executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State foresaid this ' I ' day of Y0$ My Commission Expires: V , 1 1 1 N ary b14 Si t—L L ! m (Seal) Notary's Print id Name alk File #: 09 -056 AllKill:0W OpWI Nary P*ks of ftoft w C- 661. mar t, �t1 Carrb" o 446M ltll� Packet Page -1002- Retn: 4254985 OR; 4422 PG; 3999 12/8/2015 16.D.8. TOWN & COUNTRY RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL PICK UP 01/28/2009 at 09:09AN DWIGHT B. BROCK, CLERK OBLD 4500,00 RBC FBB 21.00 DOC -,35 15.15 SECOND MORTGAGE THIS SECOND MORTGAGE eSeaxity Instrument") Is given on , 2009. The Second Mortgagor is: Angel Crespo, Mayelln Herrada & Rodolfo Herrada, single persons ("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. Tami.ami Trail Naples, Florida 34112 . Borrower owes Lender the sum of Four Thousand rive Hundred and 00/100 Dollars ($4,500.00) . This debt is evidenced by Borrowers Note dated the some 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 exotaption . This Security Instrument secures to Lander. (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modlrraations; (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 60 E 105FT OF TR 27, Collier County, Florida and which has the address of: ('Property Address'): 3490 Golden Gate Blvd, Naples, FL 34120 TOGETHER WITH all the improvements now or hereafter eroded on the property, and all easements, rights, appurtenances, rents, royalties, mineral, dl and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. AN replacements and addltions shall also be covered by the Security InsWrn a going a referred to In this Security Instrument as the "Property". BORROWER COVENANTS that Borrower I s ull a conveyed and has the right to mortgage, grant and convey the Property and that the Property is unen rd. Borrower warrants and will defend generally the Ode to the Property against as ctalms and de any encumb THIS SECURITY I co covenants for national u d r�bg- nifonn covenants with limited variation by jurisdiction to constitute a u in Bring real property. A UNIFORM COVEer and ender covenant and agree as follows: 1. Payment of Principal and I re ymen an Late Charge 8 r all p pity pay when due the principal of and Interest on the debt evidenced by the N e. 2. Taxes. The Mortgagor will y at es, assessm r rents or ter rates r to accrual of any penalties or interest thereon. The Mortgagor shall pay or p d, m re be e, ( all as and governmental charges of any kind whatsoever which may at any ti Cl be Ily asses Is d a not th P (2) all utility, and other charges, inducting "service charges', incurred impo d the re n, Bin n use, o pa cy, u eep nd Improvement of the Property, and (3) all assessments or other g a d in In o , of years, the Mortgagor shall be obligated under the Mortgage to pay only star s are o "al during the term of the Mortgage, and shall, promptly after the payment of a the ng, forward to Mortgagee an o such 3. Application of Payments. applicable law provides otherwi p ants 14 by Lender shall be applied; first, to Interest due; and, to principal due; and late charges due under the 4. Charges; Liens. Borrower 1 I taxes, assessments, charges, s nd he attributable to the Property which may attain priority over this Security Instrument, iB old payments or ground rents, 6 e B shall promptly furnish to Lender all notices of amounts to be paid under this pa II receipts evidsndng the pa Borrower shall promptly discharge any dodty over this S ant unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in nn In good faith the lien by, or defends against enforcement of the lien in, legal proceedings which In nt the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender s ting 6he 1 Security Instrument. If Lender determines that any part of the Property Is subject to a pen which may attain priority over the ecu Instrument, Lender may give Borrower a notice identifying the fien. 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 Lenders approval which shall not be unreasonably withheld. Ii Borrower fails to maintain coverage described above, Lender may, at Landers 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 reaped 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 (inducing boiler explosion, If appropriate), with a uniform standard extended coverage sndorsemenL 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. H Lander 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. H 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 wig 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. H 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. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default If any forfeiture action or proceeding, whether dvil or criminal, is begun that in Lender's good faith r/ Packet Page - 1003 - /� f� OR: 442 12/8/2015 16. D.8. judgment could result In forfeiture of the Property or otherwise materially impair the Gen 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 forfelture of the Borrowers Interest in the Property or other material Impairment of the lien created by this Security Instrument or Lenders security InteresL Borrower shat also be in default ff Borrower, during the loan application process, gave materially fake or Inaccurate information or statements to Lander (or failed to provide Lender with any material Information) In connection with the ban evidenced by the Note, including, but not Gmlted to, representations concerning Borrowers occupancy of the Property as a principal residence. ff this Security Instrument is on a leasehold, Borrower shed comply with all the provision of the lease. If Borrower ooqufres fee We to the Properly, the leasehold and the fee Ile shall not merge unless Lander agrees to the merger In writing. 7. Protection of Lenders Wghts In the Property. If Borrower fags 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 Gen which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on Oro Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lander under this paragraph 7 shall become additional debt of Borrower segued by this Security Instrument. Unless Borrower and Lender agree to other lemurs 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 Lander to Borrower requesting payment t. Mortgage Insurance. If Lander required mortgage insurance as a condition of making the ban seared by this Security Instrument. Borrower shall pay the premiums required to maintain the mortgage insurance In effect. H, for any reason, the mortgage insurarm 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. ff substantially equivalent mortgage Insurance coverage is not available, Borrower shall pay to Lander each month a sum equal to one.lwellh of the yeariy mortgage Insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased to be In effect. Lender wIN 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, t mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lander 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 Lander or applicable law. 11. 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 Lander. In the event of a total taking of the Property, the proceeds shall be applied to the sums seared by this Security Instrument whether or not then due, with any excess paid to Borrower. In the event of a partial tali In which the fair market value of the Property Immediately before the taking k equal to or greater than the amount o mi dty Instrument immediately before the taking, unless Borrower and Lender otherwise agree In writing, the I t shad be reduced by Una amount of the proceeds multiplied by the following fraction: (a) the total a f a the taking, divided by (b) the fair market value of the Property Immediately before the taking. al be paid to B t of a partial taking of the Property In which the fair market value of the Property imme4 a taking is less than the amou secured immediately for the taking, unless Borrower and Lender otherwise ag In or unless applicable law otherwise p hides, a proceeds shad be spelled to the sums seared by this Security Instrument wheth or no n due. Unless Lender o otherwise agree In writing, any application of proceeds to principal shall t ext d or a the dOB Sale o , e onthy ants to In paragraphs 1 or change the amount of such payments. 11. Borrower Not R I ad, orbe re en to E of me payment or modification of amortization of the sums seared by tit n o Into of Borrower shad not operate to release the liability of the original Bo or s In t L requ to commence proceedings against any successor In interest or se to n Ime p t o od of a sums secured by this Security Instrument by reason of any demand gin or s su n In y forbearance by Lender in exercising any right or remedy shad no 1fe ax any 12. Successors and Assign ; Joint and Several Llability; igne Th e is and agreements of this Security Instrument shall bind and benefit the su and assigns of Lender and B sub to e Provisions of paragraph 17. Borrowers and agreements small be join who co-signs this Security Instrument but does not execute the Note; ipning this Seamy Instru Q nt and convey that Borrowers Interest in the Property under the terms of this Sea nent; (b) Is not personally obtipal Ih ms seared by this Security Instrument; and (c) agrees that Lender and any other r tree to extend, modify, forbear Ana y accommodations with regard to the terms of this Security Instrument or the Note s consent. 13. Loan Charges. If the loan secured which sets maximum loan charges, and that law Is finally Interpreted so that the Interest or other b ch in connection with the ban exceed the permitted limits, then: (a) any such loan charge shall be reduced by _yart�icc the charge to the pertniaed limit; and (b) arty sums already collected from Borrower which exceeded p t, Borrower. Lender may choose to make this refund by reducing the principal owed under the Nola or by making a direct payment to Borrower. lt 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 mating 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. 18. 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 the Note conflicts with applicable tow, 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. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Searcy Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. ff 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 seared by this Security Instrument However, this option shall not be exercised by Lander 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 shad provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay ad sums seared 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. Borrowers Right to Reinstate. If Borrower meets certain conditions, Borrower sham 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 OR sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred; (b) area 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 Lander may reasonably require to assure that the lien of this Security Instrument. Lenders rights In the Property and Borrowers obligation to pay the sums seared by this Security Instrument shad continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations seared 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. 1e. 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 Imes without prior notice to Borrower. A sale may result in a change in the envy (known as t* 'Loan Servicer') that collects monthly payments due under the Note and this Searcy 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 SoMoor, Borrower will be given written notice of the change in accordance with /% � 1J GV Packet Page - 1004 - t t n *** ORr 4, 12/8/2015 16.D.8. vvb paragraph 14 and applicable law. The notice will slate the name and address of the new Loan Servloer and the address to which payments should be made. The notice wig 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 shag not do, nor show anyone else to do, anything affecting the Property that is M 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 Lander 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 leams, or Is notified by any governmental or regulatory authority, that any removal or other remedlation of any Hazardous Substance affecting the Property is necessary, Borrower shah promptly take all necessary remedial actions In accordance with Environmental Low. 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 )urisdlction 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 shag 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 data 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,'attomeys' 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 shag amend and supplement the covenants and agreements of this Security Instrument as W the rider(s) were a part of this Security Instrument (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Rate ❑ Graduated Payment Rider ❑ 1.4 F ❑ Balloon Rider ❑ awe ❑ Other(s) (may SIGNING BELOW, Borrower accepts by Borrower and recorded with IL Signed, selled a 41 vered in p'. STATE OF FLORIDA COUNTY OF COLLIER n In this Signature: y +Q Co. Borrow Signature: Co. Borrower Rider hnd Home Rider �avelopment Rider Berrada 90 Golden Gate Blvd Naples, Florida 34120 and in any rider(s) executed I hereby certify that on this day, before me, an officer duty authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Angel Crespo, Mayelin Herrada R Rodolfo Herrada 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 to resaid s day , 20,/ My Commission Expires: (Seal) Notary Public's Sign / i L4 V Notary's Printed Name te of Florida ��e40jPk*�� n File #: 09 -061 My Commissions DD739795 .0A Expires 0111812012 Packet Page -1005- hu: 3000739 OR: 3057 PG: 1901 • ISM tine GIMM AM I UcWU It tee OPPICIU RICOUe Of CULin 12/8/2015 16.D.8. PICK R 14/112002 at 11:31A1 fl Gff 1. 11023, can 01.1 00.91 =CMW 110RT== Iec free 24.04 IOC -.35 17.51 Wn SECOND IIO ULAN r8mW4 f twn@nn is pMen on W* . 2002 The 900w d Ma1010 k: LIN DMhwr, A Supt@ Woman (" BwroweM. Thla Sea$* rerunrA is"n Collier County rLrden, wMdh a 4 0 0 'ae I and arstiMrp urdw Mn fawn of fhM tJnaed SON d Anwrba, and whoes uNrsn Y 3080 11orth Boreeebm Drive, 1275, OWL", [bride 34014 . SOrrower owaa Lander Mn sum d rive lhoasand and Ito /100/As Dollars (OR i 5,000.00 ). TMs debt is I -'- rcad by ftiowefa Nob dad" um dale s We 8aaaty rhetrhrrwrk C'Y9a0!ord '• udACh --Mn f« monsdy paynwnb, vft We UdeflfnetPWvet•dueandPad"od sale or propem, verinanaa. or lose of hays steed eawatptioe TMs &=* MNintmrd aaciass b Lander: (a) ft .swim d gn debt aridrtoed by no Naw wIh ileteat end d rrhswels atarriar and 1i) lo11oarsf0 deodMwftMs and y r rods gopx4 Pied 1Mt %ft Fa�bPuposs tnatnar 1w1W und (c) eload InR ig , gw end convey b . - the idowip,,&abed PrWrty rocdW b Collier Cw fr. Florida As mre Daffy dwabd s Lot 12. C40son L&1&% CW40 CowW- Fb1Ma and which hoe die eddrMa d: (•PM"Aftess ): 3551 Carson hakes Circle, Mommokalee, llorida 34142 TOOETMER WffM d @w rrparnWNa nos a and w e110d�aaap r Prof °1d rgdlea. mlrlral d and pas Aphta and ProfNS, wd40 tghb edrMlals shei dw bo oowsd by Ifte SeaaMy retru11wtht N d the fomportp k rd40red b b Mhis 8sarrly ihabattra M tlw •Praprty•. WWOWER OOVENAM 00 90110040 k bwfu% eebad of the aetaee hereby oa 'no sd and h n dhe right b nhR 10001 wwo and ooraryr tlM RWMp and Ihd to RWrty b commas bee4 a aw far enaaTibeences d awd. Ijorraswr warrrAa and vrS dderd gams% Mho fNb b IM PraPrly apertet d eterre end drrwhds, sulljact b any rhaanbrhoM d record n SECURfiY W rtRUM1ENT oarrhbihea udarn awrwrae is rhea0rhsl use and rhon uriam ooverhenm wU► lioaed varWicn b/ jutMdrotbn b eorteUtAS • unarm aeaaay rabtrrhrht oar„8 � PraPrb• LMNFORM COVENANTS. Sonow40 end Le de coo, wil end egrw se Wosa: when due 2110 Drircpsl d and 1. Psyabnt alp Ar10 std bt111esR Prapeytaers and law Cletgea Sol 00011 01101 Drahlab IMl r4aeet en l e debt avidarhoed by the New L Taw. The Mloripepa we Pay d teas, MUWWAs, nrrr rift a wadi Mom pie 10110 aCCdie d any perh01ka a rdrad dhersah The Mlaprpa ellea pay «teats b a Paid, ,u0. pU(t) d tees end garrrnsAM chrpes d aM lord whaftoew ~ rte/ d NJ ON bit WN1* assessed arteq Ur eeps�t the Raprty. (� d Way rd aM40 ahrttW �0 *Wwn dwgW, bedroll a rWaad tar Mrs a, Uae, o 1► and teprv+ernaM d a » Raped. end (s) d eweerthras a olhr po+rftmrad ew0ea tlhd Oe Did b relelTherhb d y slhd 0e abtpebd undr the Mlapeps b pb «aces b bit Psi, any are regrind b bs Quri w 201111 d the Marlgsps and ahea prortrjAM d� the payment d ally d the toraporp, forward b ,yfM4Rhca �trc 3 Applealwalpsy nW bbwr • d PNn bI f erdr atus1 bit eppaed first n kMrest dux end, b pry dux and last, b ally bs pb„s ve umAs love Rapely w rid mar 4. ChRI M; UMa. 9010" etyli0alr eMed p Over ft 4>� Matrharlyd. P elwl prompty fumieh b larhdr d rhalicas d wwutb b be Pdd udr IMO penpreph odd deg t P 4 on - NOW promv" d —U. hes owl ufeea 9011ow40 (rQ ePew b wrrtp b the payment d Mro aINS -ton secumd bl M o Lod b L ODWlobe la 0 a0rr�aab in good fdn the bri br, or atdsde ag ' I edforoemetit d the 1011 f4 ►egd P oroanhart of the tee: or (c) eooues ham the Adder d Mb Ian an aptMrthent wtldecory b tlhs ten b if Larhdr debrmrhss awe any Pet d eha pi"NIV b addled b a Ion ~ mar dMh seam" bebunre > Boe0w40 a rhoaa brrtlyirq "am Eb aw40 altel lattely Mta Lon a lake orb a mac d Mta 1vNlhln 10 «hradbr, Petted on the PraP ty inarrad L Naalad w Pro(Me1y iasaraaew Bonawar 9 apeMt bw by fk% Iheaeds trKittdad 01,411 the tarrrt 7pd' heaards ideMrBn01b0de a ibodld0 Mr wlrkh lard40 req"Mtauattoa TWO ineurertoa eltd be mertbrad b the rrwuMe evi i tM pm* that Lander mow. This "War os oerri40 paridiro hhe ehaearha9 ehd be,Posen by ft wow Mr IW b Lardefs apps 1 vAdd elwa 1101 be ureMawby WE a - If ft,0 r fsla b 116b** o � n dnm*w daft Ltandr no, d Letdr's gft%,blab cerrpe b prW� Ur4afa fait b flte F 1001ty in ecc0rdenc� 1 WM Pereprepn 7. 1tlrlea Mtd tfta Nob M aAetatriq the Mlorppa ker ageist such risks eve tar such amous as eh01 p0jeo barenoe with romped b h Ran afe Olalarrrly ratted egeYwt end pay, n Mho arrw baoonhs due and phyabla d prwrdt s b rasped Mhrae0. kck drp, but nd kneed b , dk M ihauarhoe Pip tlha rrbrests d Mhs Ilafpap0r end M1ot10epn agend fan or dentepa b MM FRarieaa by ft lWift 6 and tlfltr eaerdfM arebmrb ibued etlsiat (ihchldbg bolt spblon f eppraprfie), wtlt a tahlFortn etertderd at0ettded oa40age errdoreentera YhGtdrp ,obis trllmd an i l9 , Such InaAm d d tows b be ben rdant tat bee lhen the hA 10Pt&camera cost d the pnmt M. a ck ebe d faaiige and rrMaehoe Pdain and rotwralI shd be aooepteble to Lands and OM acids a sterhdsrd rnorlpspe Cbmk lyder shd hwre the fight b hold flte pO@c1n end rereweb. M Larhder reghrYM 9o1100er ehhd prarriAy pMa b lender d rear41 of paid Pie rd 4 wu noeroee. b Mro erMd d roes, Sit a" a1he1 p►+a Prompt thdroa b the basen0e eerier erd Loder. Larrdr 11ey ndke goof d toes a rwt made pranptlr br am n - o'. U*n Landr and 9atow40 olwwiw agree b wrrp. rauanw ProoM I shwa be oppaod lo rMaordon ar raper d the RW Wy rim @ell, f fhe On d n ' a rope► ib soahari "1111 end lathdsfs esetrry k not bseerhad If !tw rntaeaoa «roW a not eoaan icaNy Isla t or Lsndefs @w^ would be Inwns4 the rwuarhos prooeeda athd bs aPPwd b tlha ahrra neared a Mho 8earlgr rrsbhanre aAheNhr of rid LACK, d^ with am eeaes ped to 9ortam. M ft ae40 ebrhd0ns the RWrty, a does net answer w" 3D days a ndiw from Leader 9►at Me Yeueftoe oe11br has atb b aeab s dmK even Laser may cow the Ywraarh0a pooseds. Lady nwy use ft proceeds b IMP* « redone Mee Ptaprly a b Pali eons secured by Mhk 8eaaly rwbunrrt, winder a nd Men due. The 80dsr prod wi b00b what the rhattoa is 11010, lkrlaea Lendr end guru" Odwwb spree b wr1% ary eppaeelah d ProO b p str01 not aced «p0etpo11e sus deb d Mb manUiM Palm er b b perapr ; M 1 a dlow the avant d Ma P� M udr pau op' 2i Mw Property k soW*W M Ur dr, Bonoaiafe tart b any rruan0e pokier and PPM lntrltlrp �n derrhepa b the property Prig b the aoapkafon slid Pass b tadr b the SON d Mw aura es0ured by ft a 1 raburtrtt rttnwdlesly Prbr b tlb ar>aiisalah L PraleWon a the 14opostj Sortoarofe l aen Appaeetbrh, Laeedwroe. 9orrom shad occupy, ekdllh, end Use ft p, WE a 9o11o0afs pritcipal residerroo wvM oft days dW the eaeu*M d Oft &muiy hub nan 0 rd dray oaNM b ooaiPy fha RWerty n mix 010 P RW leaberhee far d bat one yaer d1or the dew cf ooar 1 -, uriees Lender Olhervdee apses 401 wrNrg, vNdolt oaeent shd nd be ureeeerhtby vreMwld a urhlees erderehetirp eiarrwtrr0e0 ehdst vAhkh are beyond 9arowef0 oarbal Bsnea►er 11111 rtd dnty', damWe a Impelr the F §opaety, der the RWrty b dsbrbrab, a o0rnnit w ft ah "Prop". 9orro040 ehd be in dotard i arly tatetao aetlah a pf0oeedrtp, htAtefftr afN a orrrirwi, q begot the b Lerdef's good faith ludg11hra aoum reehra In tataNe d the PrW Pty or ON- "aa mdW* cape► fie Ion a/aled br frie SOM601 katrunre a Landsfs Ow" rwreat Barow40 meM euro arch a ddet NW rerteba, a4 povldtd In pregrepI 10, by awM9111e adkn or prooMdrp Iola dlernksed wUh a ruing met, it t.adefs pond fdh dobnnrhalah, padalM frfeAae of the 80 oeir's Ynreat in are prWrty or cow rogooW YrpeYrto d Mre ten aeala'by fhb 8eeub kfobmlorN a Lardefs aeatrq bAwwt e0nower ehd ebo be b dater* f B0110w dump Nhe roan applceron p Bit Ma's maarieay Fdw a rtaooutae w ant b r ab nW I b Lander (a tale, b 0 � d Mo p� )map' rhepd rasiorhos v ws swan" Mte Nat; rlokaBp, but not Sf*ed 10. repaear4aMate ooftcrnrip rahwdit b an • WMft d, 901rowe1 ethd eo11lpy v*h d the poAeOn d the laeaa K ft's aoghriM fee tale b the Rt+prb, the leeedhotl and Mts %o We aid nd mrpe w*W Lrtdr #W M b the nnW b wW1& Packet Page -1006- O 12/8/2015 16.D.8. 7. 'Probtkn of L ondWO RW" n tha PfeP•r1y M Borrower fats b p• tan the ewano to and lgm,w@s Oofasirhsd n *hire Sauray hsCtreharN or than is a lapin preoee 19 that may aWdiicentN •fed Landers riots in the Property (such as a praee•di , in bon krhptry, probta for eortdrnnatbn or farf*Nue err to enforce laws or rSaultpers), than Lender may 00811d Pei for wht@wm is necessary to prated the valued the Pmpafty and t ender's rdgtds in the Prop". Lenders actions meq include "M any sure secured by a fan which has p � t� Instrument @ppsr* g n court, MOV re sonabb aft I Wye 'fm Ind SIMil on the Property to mshe repairs. AMiwph P Ii ufdr fhb pip,gpoPlt 7, Lender does not hra to do so. Any emrounts dWxned by Lender under this paragraph 7 shell bec«ne additional debt d Borows soured M this Security Instrument- Wiese Borrower and Lender Mato cow term d paym*nt, ttrrhe amourha ah@f beer irder@t from the We d dbburso nwK at the Nte role and shad be payable. with trnnwt, upon ratios from Lender b Borrow requestire paprat. LM-109 bsua wL N landm nequied rrwlgp* isuranoe m e o m Ilion of making the ban seared by this Security Irsbunhent Borrower shll pay the prefnitm m*Amd to maintain therna naureras in effect. N, for any reason, the rfhorlprpe issuance cuwefape required by Lander WPM Or cswm to ben of eat. Borrower •hsl pay tha pWrAM requina4 to abler cowop substa OODir eq*sh nt to the matgsge isuenoe previously in dlaL t • cost sutiolgi lily g*kd ft to the cat to Borrow of the fnartgps ibuaae previoh * n then, tram an dkmak frlorlpnpe insurer approved by Lender. N su'staraiely aqulnt•nt RIM is insurance, coverapa is nod awdeble. Borrower sal pay b Lander each month a sum sgtial to one4welllh of the yearly morttaw insurance premium bent paid by Borrower when fib isurra aererpe 'peed or ceased to be n afted. Larder will accept, use and retain two Petmtema as a low reserve in lieu of lnorme0• insurance. toes reserve P• "Wit may no bnper be squired, t the option d Lender, N .. algpe k surmro• pampa (n the wnoimt and f« fha Period §* Ladw fsquim) pro" by an isuar approved by Larder again - 0.o , avall" and is obto i . Borrower shall Pay thus premiurn• nequwed to Mnain Mori pp nturence in *lack or to ao•td• a tees friers, urdi the requeenwd for m«tpaps neunit" ends in accordance with any written agreanwd btwaai Borrower and Larder or M*bNttls kw. B. bapeCion, Lo dw or irk sp nit rosy make moso abie anksa upon and ihepech" d the Property. Lender shell live Bon -OWN fhatice t the tub of or Prior to an kapeation *11NO " reasm@ble pause for the nepeetion. 10. Condon notJon. The Pfoosads d any award or dWm for demrepsa, dieet or cm esquw*K n corcecbm wO any ewWww hm or dtw taking of any part of the Property, or for Corfveyaae in Mau of corderrntim, am hereby angned and shell be paid to Lender. In the swam Of a total alit of the P.amty, the Proceeds shed be applied to Cs suns soared by this Security 1n•vunanL whstsr or not wan duo w@h any ahoess geld to Borrower. in the avert of a pw W alfip d the Property, in which the fair market valued the Properly in' MINI fy bdans the ttdrg is equd to or grater than the annum of the sirs secured M this Ssaaly lrstrurnent immedtetaly beb tho td", unbar Borrower and Lender otherwise agree In wril %, the tuna secured by this Security n•V~ OW be reduced by the arrhorxd of the proceeds Multiplied M the Mom traction '@fare theatakit balarae shall Borrow. n th• evert d a partial taking d the Properly n which the matt VdA d�y property irlrwMeay before Cs talking bless then the @morn of is two secured imsdhtey for the taking, urdou Borrower and Larder otherwise agree In wring or unless Ippicebl@ kw otherwMe provdas, the proceeds and be applied to the sums soured by this Ssarlty kstrument whatbr or not the sun ore than dub. Unbss Loader and awmm cMwwse Sarw n wnv4n any spplicatim d prOOesds to principal shsl rat award or postpone the des dal of the monthly ptlyrn•me niplon d to in pu spa ht 1 or chaps the amount d such paymsnle. 11. B0rr0w@r Not n ka@a t Forbserane By Lafdsr Not a salver. Ewmisim of the ere for payment or modObdion of ernatvatim d the suns seared by this Security Ireftrwit granted by Lander to any arrpolssor n ihluest of Borrower sal net OF e to row the liability OF the original Borrower or Bartow*rs successors in merest Lander shW node requ+ed to caninsi P Posedaps opanst any er+coessor n interest or roluse n *oaarhd tins f« prprient or otherwise madly by this Security Irstrurnwa by room of any demand made by the origin Sarum or Borrowers riooesa«s ;f t.srder n onerveng any rghf «farnedy anal red be a wow d or preclude tho waxcb@ d any right or a� K v oovarwda art preenwrts d this Security 14. Bib*e@@ar@ erd know somt Ley: natrurram obeli bid and barhaflt the sueaa•ors and Bomorbr, s opt teY•f Sarum who chrsitrs This Security ksbtxnerd but does not spouse thefNote. (a Is oo-Wgnip Socufty I ° Ofa?t @rh� @arway to Borrower's, n fhe P►pPt1b order Ca tarts d rib Stony ln•Vurwht, (b) � by t o Security instr rnenk and (p) Wm Cal Later and cry other Borrawm fray Sates to t ""'"" lridfs fgWd to the tams d this Security Irsturrmd or is Nota **W Cal Borrowers 10. Loan Ch pL If the ben • n � wflioh ens frhardwicn ban pg., charges. and Cat dew ire ikrly 4 topi so that the newt author «b De in nib ben efacead the penmhltbd drrhMs, Chen: (a) any such ban charge shed be reduced by rr(iouid no carry b tad+°@ , ,- to "'� fo media this rend ( ry surr 9 WY cOlOcftd owed from Borrower which nGlitt occooded pFICt Pad IG NS l> f(ne!uh Ica �Bund ra ddu t will be treated w a partial pnepaprwa without urdr tin@ Prole or'y mh@kip a direct pe>yrtwht b any prepa14. dew under the rid.. (� , Ins � by deivant N or by wait N by first less 11 Naveb l Any rho b Bonawer lgaf the Prey �� or any Wes address Borrow and u*ess ePPttoeb1a �► fequksd rsa d antler _ _ desipnaas by notice to Lander. Any notice to Lander shall be when Sim as provided in this paragraph. 10. Ovar rt Lew: BovenbMly. This Searlty katrhxrh*m be gowned by fedefW taw ofd the taw d Cis jukdietim n which Cs Property b beekd. In the ewer feat eny provision «deuced Cris Scurry khskhrrhem « the Nob codicil with applicable paw, such Do Ri n eras not dhot other provisions of this 8aarMy In•Vuswd or the Now which can bo gwan ~without the covillicth Provision. To this e d the provisions of this Sea+Iy trhslnrnad and the Note am declared to be wAra'le. 1g. Borroweh Copy. Borrower and be given one cofd«nhod copy of is Nate and of this Security isbunOrt. 17. TYarbkr of vb Property Or a Bsfslkld Interest in Burrower. N all or any pert of the Property or any interest in N is sold or Vensfei (or f a' 1 111 11 Inkiest in Borrow is sold «Mnsfen and Borrower is not a naturd paten) WOW Larrdlrs Prior writer tattoo Lander may, at Its option, require Min peyrtbnt in full of d tuns seared by the Sourly Iraturnarn. However, tide option shell not be e erdood by Lender N emcee b prohbMsd by federal paw m of to dots of this Security kstrunwa. IF tender efeobad this option, Larder shall on Borrower rvxbs d apcetareMon. The notice shat provide a period of not Was than 30 dari frorn the date the notice Is defused Or mafed wkW which Borrower must pea a sums seared by We security !rob Me. N Sonowii fait to Pay terse :tans P1for m rice apifetian d rib petted, lsrrlm may intake any rerrrsdMs pa rallied by this Security ko*wnem wkhohA fit w notice or denwrd m Borrows. 10. BorrOwsrs Rlgld to lfykrafale. N Bartower meet$ fxran conditions. Bortowm slued hheve the ripM to tows ent«oarnad deft Secury Instrunad discontinued t any time prior to the carrier d : (e) 5 dep (or such odor period w appscaI I iew may spedly f« ronsttarnerM) 'afore set d Cis Property phrauent to any Poiw d tab corxaned n this Srfary kstnrwht w (b) entry of s judpmsm enf«dnp this secuay I strurnei t. Thee cardNlas are that Bortowm: (e) pays Lo der a sums which ten would be due order this Ssary khatnrrrem and tb Noe w N rte scaler elion had ooarred. (b) axes and default d any other owenahte «prearrharhte; (c) Pori d agates recurred in emoick this Ssaxy InotrixMIL Mndudinp, but not lire to, roman" oOWT ids feat: and (d) lakes such I - " as t enhd, may r emm* require to net" that the den d this Bauxy lraburad, Larders fiche n the Prapaty end Borrowers obipti I to pelf is sum• seared by this Sommti k*t twwt shat a *itilre tndiaped• Upm rensltared by ftrw er, this Seedy hatrurlbm ad the drlipdiofa secured ha eby stall remain fury effe*4 as N no aocekratiorn had occursd. MOwaver, rib right to raisteM shd nod apply in to cue of acceleration under paragraph IT 10. Bak d Nolo: Chslge of Loan Senwloor. The Nab a a partial irfasst in the Nola (IMAM with fhb Security kstrunsm) may be odd ore or more teas WOW prior nab" to Borrower. A sale may result in a dente in the emiy (known as es'LOW Servitor') tht odeds madhty payments; due under the Nags end this Sam$* kstrurisit Throe also may be one or, a tortes of to Loon Servicer uxebbd to a s@k d the Nola N Carobs deco d Cis deem Sarvicer, Borrow vry tea 0twen writer rhdks d the chaps n acocrderae with perSaneph 14 and applicable iew. The notice wN stab th• . afrhe and address of the row ran Servber and the address to which payments should be mad@. The naticewe also atnden any other information inquired by rpplio@bk prr. «ueleses d any titssrdorb 40. Nuwdab Subabnc$L Burrower shell not cam or pamlt the preaerhce, use, dGPcsd, sf«apa B,thstences an or in the Property. Sanwa shall not der nor diow anyas glee to do, agthng dectinp the Property tht is in violation of arty Environnead Law. The prepedlrhp two ON he one shd not apply to Is Wuw ca, use, or tarps an Cs Property of smelt Wigs ies of Nuardow 8utlsaraw that ore g rw* reoognlm0 b be approprieb to ,a-, fesidw" uses and b maimaeae d the Pia forty. Borrower stall pr«rptly Ohre Laden written notice for shy irwwti 1UM doK danced, kwsuit or dim adore by any gaarrxnargel « nagirltory gp wy or prNte party nvdwirt the Property and any Hazardous Substance or Envkorrnadd Luw of which Borrower has actual kfawledte. N Borrower lesrre, or it nadfbd by cry gaefrnedd or fepuktO V •nrtharty, rig a y remavd or dher rerrbdtatiorh d cry hkaadous Substace afh" the Property is necessary, Sarum shed pfampty take d faa••afy rertbdbt actions n soeerdence with Ernioarnenal Law. Packet Page -1007- 0 12/8/2015 16.D.8. WwW In rim prapraph 20, liumft s &hswwa• e0 thor wbalrAw ddkrea a lode or hrrdan.veneOM by Envkaw om law ■d vow - o aaWroa: prams keraere ow ft - mgu or woe p*d m poducb, tcio¢ prlkldr and hrbider vdelee balwdt, maltrMM eonlerr�p .baba a tamwddiyds aid rafte" mawW Ao and n @Mt persprsyh M. "EfwV vn Md Leif ntemt fedrat Iwn and Mws d nr Jariediatw► wets tle Praprly M looted to raw to haft ad* or arwkaerwm pnMdMn ". AanMra -o . Ne11MNn. taridlt elld 0►a ndbe b Barrawer pit b acamlratian tdiowwp Bonawars breeds d ey aorerwx a tt�lalrrwM n No Smar" kebumrM (but rrd f� b aooeYrsyan urdr prM 17 urMwt apperabls 1st' poWft cewwW. TM naI drd opoor wlMdt MiatM(dets * must a =St and (d)�Mial %&n b auntdetault do w bdm fbs om ipmdW n 1M nahm may raukr In - Iralbn d tM mm etoored by oft Bawdly kWAmu M, faredoturs a I% dfdd poost - and ab d ft Poo uty. The A, 1 did fall krftm Bon*wsr d ma "W b nkefrle dW aoodrMM m and M rw b heart in ft folodow" I - 10 rite rmek ra of a dd*A or any dw dattrite of Serowe. b aaoalydoh and km*wm M the d*A M rat grad on a bdora Mre dale tpeedMd n tle nafioe Lsrr 4 , et ft apl m may require Immad peynlrM n trim d d m m oomW M mM mean" kltlrwnerd wiMrorrt f mlo du nd and"tondo» eft Star" hOMMINM by judleYl prooeedklp Leodw slid be wMeMd b oolxt d arpemt hawed n purwnp Mn rrnedee pawt0ed in Inr praprsp1 21. wotk,dit but net greed t0. raatarmbfe osomsy't fee and comb d ere t111e &Aft s. 22. FAb=a, tlpon payment of d mm ceased by !Mt Saar" knhuneK l rrlr drd mien*** Seta." ketrunIK wow oharpa b Bonwrar. Gomm shd pair wl noordeIF cab. S. Mmmya� Fen. M and n ow Owmx" brbunwd rd en Nor. ' l wnsyt' fame" mhd W cbds shy ttwrreyt' fees am by by an IL MdM fm a& PlaerrMy flelnrMra. M an a inch ri*n an eraMed by Borrower and rI'm rdW topWO weh ttrt Sear" kebunrM. the oovarwrlt and apaerwMS d arse. much rtltr end ba kreorpormled iMO and ohm / enrd and wA*Mrnrt ew --' m -Ord apnrnrNt d tflM Sear" htb~ a M ft fider(t) wan a f+W of Vot ftuf' kebu ent (Cheek APpb" B01d Mum" Rata fsf w ❑ Rob krrprwewwM Rid. ❑ CardorrMtMum Ride► dadnebd F% 0M Rider ❑ 1.4 Fain" RdW ❑ Sw wW Mans RKW fMtlfoon Rider ❑ Bfawldg pop M Rfdr ❑ Pfemtad w * Dw*wnw Rider OMwp) (SF4* OONMiG MELOW, fptimm cap% erd op m b the trine and owewM tIn" krtd h dot Sear" hstrurrwrt end n aM ridegs) seotftd w Barrows aril tteoaded Wo k llprds dred rM vwvwdg M A der wlkiaeetlx � G gp,,,Ad..; m4nom loam bakes Circle N *ride 34142 STATE OF FLORIDA COMM OF I hereby ae1My rhea an oft day, before m r4 duly srrerories 'in 1� feeid end in cis am* dwomw to t" aduiowl - do rrw l i , pemon* I-s - d Un OnAer b be Inc ` etl n rd wM em" ve tanpw k ww" and eduwwbdped bekrs ms that (fw titer thy) arecrAtd 4rar 11re�j - aiplaaad• WIy MSB my hard ed dhdd ed In the Cm* Mrt LL�dN d 20�. My Com bwm E pka. Z ( LM= Rea fiotery s Name WCDMLIflMOke - -Ming DXn )MOV it tool ., eoMOmnaunawwrwuuwccnc Ff7e#: 02 -222 Packet Page -1008- pR � 3051 PG: 1904 PPAWSSORY NM 12/8/2015 16.D.B. (gUpy May 31, 2002 serrowar: Lisa Dasher 3551 careen Lak" Cirole Is okaloe n (Property Address) (City) {Staate) te) 1. BaNtU1ER(S) p%aan To PAX. I /We promise to pay Five Thousand Dopers ($5,000.00 ) (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 3050 Horseshoe Drive North, Suite 111, Naples, Florida 34104 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. ZUTZROBT., Interest on this Note shall be zero percent (08) per annum; except that if I /Ne fail to pay this Note as required, the interest rate shall be twelve percent (128) per annum from the date when payment of this Note is due until I /We pay it in full. 3. PATHUM: Principal payments shall be deferred for the term of the first mortgage loan 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 immediately pay the entire sum due under this Note. My /Our total payment shall be U.S. $5,000.00 . 4. gORR0M111 RIGHT TO MPAX: I /We have the right to make payments of principal at any time before they are due. A payment of principal only is know as a "prepayment ". When I /Ne make a prepayment, I /we will tell the Note Holder in writing that I /we am doing so. I /We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I /Ne make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless th ote Holder agrees in writing to those changes. If I /No make a partial prepayme Ttl r be no prepayment penalty adhering to or associated with such prepayme_ { ( 1i%� J(r_ 5. bWNi C!lIILPQiS: If a law /(_jO h applies to �hi�r� loan and which sets maximum loan charges, is finally inte�prete hat the interest other loan charges collected or to be collected in connectipn i hios- aloap -ee ee t permitted limits: then (i) any such loan charges shall/be reduce the amount ne ssa�ry to reduce the charges to the permitted limit: and (ii) a f am me which exceeded permitted limits will be refunds t e/ h e 1 y choose to make this refund by reducing the principai the /N e u e i t o by making a direct payment to me /us. If a refund N'�iicei e d ton will be treated as a partial prepayment. C"\ 1�� 6. SOl0[(IMTION: Lender a:� orrower acknowled nd Ca�g ee that this Security Instrument is subject and subordin o� n all respect c the liens, terms, covenants and conditions of the First De (a rust and to a �a tiFances heretofore made or which may hereafter be made pursuant It ._ at including all sums advanced for the purpose of (a) protecting 3� 'z g the lien of the First Deed of Trust, curing defaults by the Borrower u'n'do rat 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 or 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 Property through a foreclosure or 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 (i) 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. 80R%M=(S) FAIL= TO PAX AS RZQOSSTED: (A) Default 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. (8) 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. Packet Page -1009- C- 12/8/2015 16.D.8. S. S2vi11a or 10r CES: Unless applicable law required a different 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 l 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. oBLIOA2I010s or MU KM O11= IRIS NOTt: 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. WZVERS: 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 Note Holder to give notice to other persons that amounts due have not been paid. 11. =22M0 UCDRED 11O'- This 'Note is a uniform instrument with limited variations in some 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 date as this Note, protects the Note Holder from possible losses which might result if I /we do not keep the promises which I /we make in this Note. That Security Instrument describes how and under what conditions I /we may be required to make immediate payment in full of all amounts I /we owe under this Note. Some of those conditions are described as follows: 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, ndE its option, require immediate payment in full or all soma secured by t nt. However, this option shall not be exercised by Lender if a P P 0 1. i federal law as of the date of this Security Instrument. G If Lender exercises thi o i , e der_dh gi B rrower notice of acceleration. The notice shall provid aper leas than hi>ty (30) days from the date the notice is delivered or g mud, pay all sums secured by this Security Instrument. 1P B r s a 11 se sums prior to the expiration of this period, Lender may ` v ke a y r e to by this Security Instrument without further notice tflor o =� Notwithstanding the abo� y the Lender's r is t lect and apply the insurance proceeds hereunder shall object and s i a t the rights of the Senior Lien Holder to collect and app u proceeds in ac ah with the First Deed of Trust. 12. This nob is governed and is with the Laws of the state of f'lorida. jE Cl MiYIOESS TMs a= (g) Aim WAL(s) od THE M4ZU1=3D. IA& ft - - A (Seel) Bo owar Lisa Dasher (Seal) Borrower .. s ... ............... s...................=...... =T= TO: Collier County Housing 6 Urban Improvement Department 3050 North Horseshoe Drive, 1145 File #: 02 -222 Naples, FL 34104 Phone: (941) 403 -2338 Fax: (941) 403 -2331 Packet Page -1010- lets: 2953661 OR: 3005 PG: 0813 ...... Ium TM1i GDAIAr!! IGIICI I IICOIDID it the OffICIU 11083 of COu"I 12/8/2015 16. D.8. TICI Of 03/13 /2002 at 10:11AX DIIGI? 1. IIOCI, CLI— AIC 111 24.00 SECOND IIORTGAGR DOC -35 17.50 THIS SECOND MORTGAGE ('Security Instrunent") is given on Marctvtl2002 The Second Mortgagor is: Gloria E. Flores, A Single Person ('Sorrowee). This Security Instrument is given to Collier County ('Lender), which is organized and existing under Ow laws of the United States of America, and whose addross is 3050 north Scirsesboe Drive, 11275, Naples, Florida 33014 . Borrower owes Lender the sum d Five Thousand and Mo /100ths Dollars (U.S. 3 5.000.00 ). This debt is evidenced by Sonowees Note dated the same date as this Security Iretnrnwt ('Second '). which provides for nior" poymsnts, with the full debt, it not paid earner, due and payable on sale of property, refinance, or loss of haeasstead ex =Wtion ' This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with inisroK and all renewals. extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect Ow security of the Security lnstr rnuert; and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For its purpose, Borrower does hereby second mortgage. grant and convey to Lender the following described property located in Collier Carty, Florida. As more paRleularly described ae Lot 13, Blodt 14, Wpin Manor, Unit 1. Collar County. Fk Nda and which has the address d: ( "Property Address'): 5250 McCarty Street, maples, Florida 34113 TOGETHER WITH all the improvements now or hereafter erected on the property, and nit easements, rights, appurtenances, rents. royalties, mineral. oil and gas rights and profits. water rights and pock and all fixtures row or hereafter a pad d Mrs property. AN replacements and additiora shall also be covered by to Security Inartrnent. All of the foregoing is relerred to in this Security Instrument as to '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 Otis to is Property against all claims and demands, subpect to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenant& with limited variation by jurisdiction to constitute a uniform security instrument covering foal property. UNIFORM COVENANTS. Borrower and Lander covenant and agree as follows: 1. Pay Of Prinalpal and lit- - ; Prepayment and Lob Chwgaa B« rows► &►an promptly pay when due the principal of and Interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor wig pay an taxes, arias « wit for rain prior to the accrual of arty penalties «interest The Mortgagor sfsit pay or cam to be , ' 7i7pect due. (A)(1) all taxes and goverrdrhsrka Charges of any kind whatsoever which may at any time be lawf or levied against to the Property. (2) all utility and order charges. Including 'service Charges', incurred or apsration, maintenance, upkeep and inprovertent at the Property. and (3) a assessments «other governmental Mcd may lawfully be paid in We offer a period of years. the Mortgagor sten be obligated under the Mortgage to pay or a to * suucl keta �W are re Ao be paid the terra d the Mortgage, and shall. promptly after Me psyn ont d any d tor¢garg, font r11jp Alo(tge� yes bwldence a suc� payment. & AppwoM+oa of Pay INN U irenaved by Lender shah be applied: first, to interest due; and, to prkxtpa due; and fast( to r , 4. Cnrgea; Lille. Sorrower shell AN ipositiors anributable to die Property watch may attekl prlority over thin Security Icstnrrie t, it r shall promptly famish to Lander nit notices of amounts to be paid urdw this pe and all rec so g the Borrower star promptly discharge which has fty over t 'T Sec unless Borrower (a) agrees in writing to efts peymwt of the obligation secured by the namer accapxabo to ) in good faith the ken by, or defends against «tor cement of the lien In. legal proceedings Lendera apiMOrh opxa s �0 the ertorcenrert of the lien: or (c) secures from Mw holder of the ken an agreement satisfactory subordinating the lien to Irstiumerhl it Lendw deermines that any part of the Property is subiect to a lien which may a the Security bras ;Lender may give Borrower a notice identifying the ken. Borrower shah satisfy the pen or Wks one or more of 0 days of the giving of notice. L 11 atutd or P opotey aeirence. Borrower raw extstfg «IerNltw erected on the P►operiY insured against loss by fire, hazards Included within the term aid any order hazards, including floods or hooding, for which Lender requires Insurance. This insurance shah be maintairad In the amouris and for the periods that Lender requires. The insurance carrier Providing the Insurance riser be chosen by Borrower subod to !.enders approval which rill 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 tunes that the Note Is outstanding, the Mortgagor shall maintain Insurance with respect to the Promises against such risks and for such amounts as are customarily Insured apsket and pay, as the same becomes due and payable, all prerniuma in respect thereto, khckxko but not Umited to. ar•risk Insurance protecting the interests of the Mortgagor and Mortgage* against loss or damage to the Premises by fie. lightnkg, and ottw casuWtiiss customwriy kwuied agafst (including boiler expfoslon, r oppmprWe), with is uniform standard extended cow endorsement. Including debris removal coverage. Such Insurance at all tines to be in an amount not loss than the hill replacement cost of the Premises. exclusive of footings and foundations. All Insurance policies and reriewale shall be acceptable to Lender and shall include a standard mortgage clause. Lender shell have the right to hold the policies and renewals. It Lender requires, Sommer shall prompty give to Lender all receipts of paid premiums and renewal nodoes. In the even of loss, Borrower shall give prompt nonce to the insurance carrier and Lender. Lender may make proof of loss if not made poinfoll Y by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged. d the restoration or repair is economically feasible and Lenders security Is not lessened. Mae restoration or repair to riot economically feasible or Landees security woad be lessened, On Insurance proceeds char be applied to the puma secured by the Security Instrument, whot er or not then due, with any excess pail to Borrower, If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carder has offered to settle a claim, than Lender may sorest the insurance proceeds. Lender may use the proceeds to repair «restore the Property or to pay surfs secured by this Security Instrument, whether or not then due. The 30-day period win boon when the notice is mailed. Unless Lender and Borrower otherwise agree in wmnrg. any application of proceeds to principal shat riot extend or postpone this due date of the monthly payments referred to in paragraph 1 of change the amant of the payments, If under paragraph 21 this Property Is acquired by bender. Borrowers right to any Insurance policies and proceeds resulfithg from damage to the Property prior to the acquisition shag pan to bender to do extent of the sides secured by this Security Instrument irnmedialNy prior to the acquisition. & Occupancy. Preeetvation, lhlrsensrroe and Ptotaotion of the Propwty; Borrowers Loan AppYostion, Leaseholds, Borrower Shan occupy. setablbh, and use Ms Propwly as Bomowers principal residence within sixty days after the execution of this Security Inourrient and OW Aso In wft,4 which ropertycy as S � s principal residence f« as least one year after to date d occupancy, unless Lender WWwin unreasonably withheld, or urtess extenustkhg circumstances exist which are beyond Borrowers control. Borrower shat not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shat be in del" 0 any forfeiture action or proceeding, whether civil or criminal. is begun then in Londoes good faith Judgment could result in forfeiture of the Property «otherwise materially impair the lien created by its Security Instrument or benders security Interest Borrows► may cure such a default and roi state, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a raft Mat. In Lenders good faith determination, precludes forfeiture of the Sorrowers Interest in the Property or other material Itpairmront of the lien created by this Security Instrurnwlt or lenders security interest. Borrower anon also be in default g Borrower, during the Ian apprcallon process, gave materially tabs or inaccurate Information or statements to Lender (or failed to provide Lender with any material 4 Ionneft ) in connection with the loan evidenced by the Note, Including, but not knWed to, repreaertaMas concerning Borrowers occupancy of the Property as a principal residence. If this Securir- '--- -- - - -• -- - - -- '&«rower afar campy with all the provision of the tease. 0 Sonower acquires fee tae to the Property, the lease packet Page - 1011 - rge w4ess Lenrdw agrees to the mw w m writing. OR: 3005 PG: 0814 12/8/2015 16.D.8. 7. ProMadan of Landers Rights in the From y. If Borrower fails to perform this coveranla and agreements contained in Otis Security Instrument, or mere is a legal proceeding met may significantly affect Lenders rights in the Property (such as a proceeding in banitruplcy, probate, for condemnation or forfeiture or to enforce taws 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 alien which has priority over this Security Instrument, appearing in court. paying reasonable attorneys' lees and entonng on the Property to make repairs. Although Lender may lake action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment. Owes amounts shall bow interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. IL Mortgage Insurortoe. If Lender required mortgage insurance as a coalition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in affect. If, for any reason, the mortgage insurance coverage regwred by Lender lapses or ceases to be in effect, Borrower shall pay the premiums requwed to obtain coverage substantally equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in stied, from an &Remote 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. Lars reserve payments may no longer be required, at the option of Lender, H 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 shad pay the premiums required to maintain mortgage insurance in stied, 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 f. inspection. Lender or ifs agent may make reasonable entries upon and inspections of the Property. Lender shad give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condonration. The proceeds of any award or claim for damages, direct or consequential, in connection Lion 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 pad to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by On Security Instrument, whether or not then due. with any excess paid to Borrower. In the event of a partial taking of tie Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the suns secured by this Security Instrument immediately before the taking, mess Borrower and Lender otherwise agree in writing, the sums secured by this Security Instru er shad be reduced by the amount of the proceeds multiplied by the foitowing fraction: (a) the total amount of the suns secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Arty balance stall be paid to Borrower. In the event of a partial taking of the Property in which this lair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless lender and Borrower otherwise agree in writing, any application of proceeds to Principe) stall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released. Forbaarana By Exursgn of the lure for payment or modification d amortization d the sums secured by this Security Inst a n�a 1 suoeeasa in interest of Borrower shall not operate to release the liability of the original Borrower or lour L a not be required to commence proceedings against any successor in interest or refuse to ext payment or othe xittizatim of the sums secured by Mws Security Instrument by reason of any demand mods by Borrower or Borrower's s M interest. Any forbearance by Lender in exercising any right or remedy shall not ba a w r the exercised any o . 12. Suctinsors and Aselgne nt ettteWlHy, covenants and agreements of this Security Instrument shad bind and benefit the succesOrs algal assigns nd Both to Provisions of paragraph 17. sorrowers covgns�t1 Borrower who co-signs Minis Security Ins►rirm ant but does not execute Me Noe; (d) is d s un prat and convey that Borrowers interest in the Property under the terms of INS Saar. I ) ' obi' t to y this sums secured by this Security Innstrment: and (c) agrees that Lender and any other t 'paid , y. lorbe or accommodations with regard to the terns of this Security Instrument or the Note ra oms5nt 12. Lam Cherges. It the ban sac Ihis Security Instrument to h soft maximum loan charges, and that law is finsdy Interpreted so that the Interest or charges collected o die c with the loan exceed the permitted limits. Men: (a) any such ban charge shad be r the amount receaun r to the permitted limit; and (o) any sums ales&* collected from Borrower which exceeded limits will be refuraled to Lender may choose to make this refund by reducing the principal owed under the Note or by payment to f refund reduces principal. the reduction will be treated as a partial propsymart without any prep& Qq 14. Noldsee. Any notice to Borrower provided iri ' Sec t Tl shall be given by dekvenng it on by marling it by first does mail unless applicable law required use of another rue 6 be directed to Me Property Address or any other address Borrower designates by notice to lender. Any notice to Lender shad be given to Borrower or Lender when given as provided in this paragraph. 1B. ttowrning Lew; BwersiMity. This Security Instrument shad be governed by federal law and the law of the jurisdiction in which the Property is located, In #is event that any provision of clause of this Security hnstrutrent or the Note conflicts with applicable law, such confild shah not affect other provision of this Security Instrument or the Note which can be given stied without the c:onllicting provision. To Oft and Mro provisions of this Security Instrument and the Note are declared to be severable. 10. Borrower's Copy. Borrow shod be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of dw Property Ora Danish let Interest In Borrower. 11 ad a any part d t e Property or anon interest in t is sold or transferred (or i a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent. Lender may, at He option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lander 0 exercise is prohibited by federal low as of the dale of this Security Instnxnant. M 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 wdhin which Borrower must pay all suns secured by this Security Irstnrnent. If Borrower fails to pay thews suns prior to the expiration of this period. Lender may invoke any renedkes permitted by this Security Instrument without further n011Ce or demand on Borrower. It Borrowers Right to Reinstate. If Borrower meets certain condition, Borrower shah 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 aw 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 Secunty Instrument and the Note as If no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses kcunad in enforcing this Security Instrument. including, bur not limited to, reasonable attomey's less: and (d) takes such action as Lender may reasoraby require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the suns secured by this security Instrument shall continue unchanged. Upon reinstatement by Borrower, this security Instrument and the obligations secured hereby shad remain fully effective as if no acceleration had occurred. However, this right to reins" strait not apply in the Case of sooslisirstion under paragraph 17. 10. $all of Note; Champs of Loan Bawler. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more tines without prior notice to Borrower. A sale may result in a change In the entity (known as Me 'Loan Servicer') Mat collects monthly payments dull under the Note and this Security Instrument. There also may be one or more changes of the loan Servicer unrelated to a sale of the Note. II then is a charge of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice wit state the name and address of the row Loan Sen icer and the address to which payments should be made. The notice will also contain any other Information required by applicable law. 20. Nss&rdous Subsanoss. Borrower shelf not cause or permit the presence. use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, mar allow anyone eke to do, anything affectin7 the Property that is in violation of any Environmental Law. The preceding two sentences shelf not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shad promptly give tender written notice for any investigation, claim, demand. awsi or ottw action by any governmental or regulatory agency or private party Involving the Property ■M — Mianm-- o,w.r..r.. or Environmental tAw of which Borrower has actual knowledge. M Borrower learns, or Is naiad by any gov Packet Page - 1012 -1- that emu' ►s"'" Of other remediation d any OR: 3005 PG: 0815 t 12/812015 16.D.8. Hmrd:"wz S-bslarice allecling the Prope--ty is necesssry, 8,-f wqr shO prorr,-Afy take 41.' -*Cerscry canr-,,J,,rj actions in =cordan:w with Law. As L*3d,7-, lWit paragraph 20, 'H&zar$%A stances' Ere lk"a substances dCwv as kt; . rc -,ubmanccs by EnvironmviYz! Law and this following substances: gasoline, kerosene, other flammable or toxic petroleum pirootizit, toxic peattcides and herbicides, volatile solvents, rnatenats containing asbestos or forrinaldehyde, and rs*oactivi materials. As used in this paragraph 20, "Environrir.nle! Law' means fe'deraii tnwc " laws of the punsdiction where Uxt FIrC.Petty is located V-.vl ri to to heath. WeV or emn.romvental protection. Bix we e t-io(t-qcavtnard "I � . Acm4eWjw,-. Fleawdim Lendw-, ShCH give notice to c -rewe-' pnQ� to 1060%6-iC-� &xrti trzi bf az or t ,. in ttk ScHunty Instnimefil (but MI, prior to ft--ce*rt;I4cn under pera-,r%-;0 17 tr els &,PWhCnhl� law -OnC rr,., ;a xN-! ax-,cdy: (a) the 40C.W,; (b) the iilion reqt,•red !a cure, tfia CWnul!: (C; -, dote, not k"i nwt 33 days front the dme Oricz prven tha etes pn,*--died in th-, n,�&� ent-Y r-t-sult ,c vv�;i--h ft, iti!4!0 Mur" b- Cure-1; ww (d) tni&t fz-Avm to Cum the delctitt on C,r !x- lort � d. 04 ft sums secure by inns Gccuniry tm.4rurnsni, torociosvz by (u.:iat pru-itiedina errs sat z a! the Fro;)ey. Tt* M:tice ii�e�. Burt; ter jr.form Borrower of the, fight to reinstate after acceleration ar4 the right to uaart in the ioirecici&ure proceadr-9 the nori-existence of a de4auk at any other defense of Borrower to acceleration and foreclosure. It the default is no', cured on or before the dale specified in the notice, L&Tdor, - , !tr, option, may rewire Vnn*U!e pwyntion! in full ol all stems secured bt, this Security Instrurmni Without further demand and may tva-ctn,e% &:jrity InEtrurnertl bi Bus ist proc6adwvtz. Lel*jr CA'iall W- entitled lot c-Akt.-, all eWkmx insured in puitsuing the ra-mdees p,,z;,A&4d it Ints paragraph 21, includ`.% taut ri:iOl iin-O&J to, reasonablo attorney's tees and =-*e C4 t°z tftea ovWnC6. 22. Rislissaw. Upon payrnent of 0 suint; secured by this Security instrument, Lander shall raliessa, this Security Instrument, without *o iorro"!, Borrower shali pay cny recordation costs. Anonn nT I Fec r, .� u s sdl i n the. S; v nY 1, nst nume nt tin. t V— z no, C,-S' r _ any L; a r: Ktys toc. v we �&d by ti or afe E,*xro,,�j rK-, vzt el t f to t-.- .t rid,-,r sirhi,' : ba I'V,- orn=nI, ii-i". � trK, ads .� E,. Ws F nrx via th", t Se:vri� rt, �r, I Z6, as,, � r I t a *, z'al. nf v 1 �3t-, i nwv iz n� , "C' xl� '! �� . , f�r, e, z E " rill Ri. - - Rid T f LJ Ri-is BaIloon Rider B,,,VC*L-.kY Poyrnent Rider r PlurieJ UM DevekMord Mer EiCINING SELOW, Bone", v=Vh: ared, &;'C-zs IC tite Itrms cnd covenants con-e;xied in this Seculitv inSVUMWIt area in any rider(s) executed 'j M-1 NESS Aly harry crtcj Wfrcu:[ VDni P. 1�* Cov,�Iy sz,-"s »tc e aaii lets (E4W, ej Fi,L e: 02-!513 Nxsryt Printed W� rrt Pack,et M. inn; Pa. MIA 12/8/2015 16. DD..8. PROXISPORY NOTE [P tdarch , 2002 Sorrovers Gloria N. mlores 9750 iSoCart ®treet Ala Ie& n 34113 (property ess} {C ty} (State) 1. (A) &t�ds.1F9 TO Pay t i/ O pro visa to pray Fia� R°$dosasasd Dollars (15e000.00 ) 4this amount will be called lgs?rcidoiR) to the order of Collier County or to any other holder of this Note (the 'Lender*:, whose addr*st is 3050 Horseshoe Drive North, Suite 275 Naples, Florida 34104 . 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 paymentse under this Note will be called the 'Note Holder*. 2. iVrXRVATa Interest on this Note shall be zero percent (0t) per annum; except that if I /W* fail to pay this Not* 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. 1. PRYIEMM Vrincipal payments shall be deferred for the tarm of the first mortgage lose or until call of o arCv c i.nrrce, cr loco of h=ectead exemption , the dato the last paymntt ic due cr. rofinane* or sari by rho f?rct mortgage loan. I /We agree to immediately pay the entire rum- due ur, r thin 12«t5. My /Cur_ total ;UYament shall be U.S. k5.00o.00 . �L. ea * Xy TO P why: .i/FR4 lzvo the rig nt to wake payments of principal at any time before they are due. A payment of principal only is know as a *prepayment". When I /We make a prepayment, I /we will tell the Note Holder in writing that I /we am doing so. I /We may makia a, full prepayment or pzxticl prepsyaant charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I /We make a partial prepayment, there will be no changes in the due date or in the amount of my =nthly payment unlenc the note Holdr>r agrees in writing to those changes. If I /We mtko a partial prcpaym=t, thcr% will be m p,reptymaant penalty adheriag to or AsEociatee, with such =#5 C AME: I> V lktl, s. =..&ate which sets maximum loam, charg(&s, is finally intpt-jrotar o Ct tic it tc..reat QF o,;L er lour, charges collected or to be collected in e;¢a n7e^Utis n -`ePi° tYair. loran €.gcazmd thj; limits; them (i) any such loan charges shall be f reduc ----------- - -- t nrcectaxy to reduce the charges to the permitted limit: and (ii) aiumc already% collected from me which exceeded permitted limits will be refunded to kiol dor_t may? choose to make this refund by 111, p reducing the principal that! i7tvaa # canacr t~gs tNO.e or by asking a direct payment to me /us. if a rexfuad! rs ces y�ri i�tl '?sa rodurt<.on w '1 tar is *need ms a partial prepay —note t ! C. -ZOW: Leadei'a borrows ac.cE�c� l� c end 'agroQ th &t this Security instrument is subject and rcubordiaat� in all raspocts to'tte lidl tcrmn. covenants and conditions of the First Deed of Truaf` C�,aand to all a,dvewzce; ,Tseaetofore made or which may hereafter be made pursuant to the Fir`IR --Dtrd of Trust inclu ws ral`1 rums advanced for the purpose of (a) protecting or furthaer "Vecu'1 e) tees lice, ,cf` the, First peed of Trust, curing defaults l:y the Borrower wader the'' lit Jk;ard of - Trw%£ -'cr for say other purpose �aressly permitted Pay the rirat Cesc4 �' or -'(b} constructing, renovating, repairiag. furnishing, fixturing or stl ippi ; the- ro rt , Tina terms and provisions of the First Dead o! Twat z.Ho lti2rara "-t rased controlling. cad thay eupersede any other terma and provisions hereof in conflict thUraaith. In tho event of a foreclosure or deed is lieu of foreclosure of the First teed of Trdaot, &, provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwire roatrict±na the arrower'r r4bility to sell the Property shall have no further force or effect oa E:ubrequaat o�d visa or purchasers of the Property. Any p®reon, including hic Fuccectcrc o,. aaciena (oth�ir thra the Borrower or a related entity of the Borrower) , receiving title to the Property througho a foreclosure or deed in list' of foreclosure of tho First wed of rust: Anall rcczeive title to the Property free and clo&r fr= Such rc trictio:Ln. Puathrr, .':a s; "C€ #r cc^adz `v? to I-hc, t7roporty pursuant to a deed in lieu of Era c ci,r sit sea . c s s of thi. :e wri ^y nw tramvat shall automatically termincte upon the rccnior 1�iela E;-zldr,rIv ocquat §.t£oa of °its, provide- ", ct (i) the Leader has been give t- -"fuses notice of r- u u,ie A,.ricar tY.Q Fire':. 1DU(4 of Tr,a. ^t. nad (ii) the Lender &ball riot tahvcr Cured,, tae / .f.:, ' '11t uzd;:r the °iort of I.rurt within the 10 -day period provie;.vd in Viet N.cti.co €crt to the ;.W,"e.r. (A} P3 -arse It if I /wo do not pay the full remount r-r required in Section 3 above, I /we will be in ,xfa- It if Y rr in ic£t .lt, tar J- U,> ? ldi-,: T y :xa»; sat any cations not prohibited s}f' r- tier ca 4a,.3 re-" <. ,:i g p?;,y R tr, VzIda:rla coat and C, °Ze'jCc.r as a.i t2 Ptah: i a ' tv;zea c Gw ao 4LCVe, Ova Note holder will have the right to hx. paiG `mack aces e•lh of atz including, but not limited to. reasorisb1c attorn" . ; ° Q,,- VZ _' OK UM7M Oa e- ciff=aat method, cu° notice that rus. k he, e i.t a a zo t,bhrc: F sate wi.lF a:° gi . c.w by eu TiJQ ; w&RQ it or by rs.iline it by Packet Page - 1014 -- e r M Cn. 1AAK nr_s n011 * ** ' 12/8/2015 16.D.8. first class mail to no at the Property Addreis on Pape 1 or a_ I/we give the Note Holder a notice of my /our different address. Any notice that must he 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. OzLzg an W 'isaONS Wmis Tile um: If more than one parson 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 w together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. MLZV s: 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 Note Holder to give notice to other persons that amounts due have not been paid. 11. M oblf isCOisD NMi This Note is a uniform instrument with limited variations in soma jurisdictions. In addition to the protection given to the Note Holder under this Note, a Nortgage. Deed of Trust or Security Deed (the 'Security Instrument•), dated the same date as this Note, protects the Note Holder from possible losses which might result if I /we do not keep the promises which I/we make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I /we owe under this Note. Some of those conditions are described as follows: 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 or all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is edited by federal law as of the data of this Security In.trumsat. R C U r� If Lender exercises this endtz she 8orsower notice of acceleration. The notice shall provide a per ' not less than; t30) days from the date the notice is delivered or mailed, i which borrower mus pa all sumo secured by this Security Instrument. If born ( a 1&--Yme s Irior to the expiration of this period, Leader may inLok eveedton pe tted y this security instrument without further notice or dmbd owls Notwithstanding the �, v or a �g to co4ect and apply the insurance proceeds hereunder stiall ubo to kqj the rights of the senior Lien Holder to collect and y Yoci acc'ordsne"r th the First Deed of Trust. 12. We note is go+esaed abd� ti trued in moo " *Iwi Aa Law of the state o! Florida. lfile3s/ 9NS falmts) AIID �� of THS (Seal) borrows ssasaasasssassssassassassssasssassasassssasaasssssaaaaassasssaasaaasaaaasasaa aaaaaasaaaa > 90, Collier County Housing L urban Improvement Department 3050 North Horseshoe Drive, •145 File4: 02 -150 Naples, FL 34104 Phone: (941) 403 -2338 Fax: (941) 403 -2331 Packet Page -1015- dr lets: . 3408160 OR: 3572 PG: 1 12/8/2015 16.D.8. Limu 'fImtd I silim C0u nemi4 in the ornein UCOfi08 of COLLIIii mmey, n tIR m 05 /26/2001 at 01:11in Mon i, Bl=, cm ODLD 5000.00 Of6LI 5040.00 SECOND MORTGAGE UC tU 15.00 WC -.I5 17.50 THIS SECOND MORTGAGE ('Security Instrumenr) is given ti. 1, 2004 The Second Mortgagor is: Viola 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, Naples, rlorida 38104. Borrower owes Lender the sum of rive Thousand and No 1100ths Dollars (U.S. S 3,000.00 ). Tfrs debt is evidenced by Borrowers Note dated the same date as this Security Instnanent ('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 ezestption . 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 [merest 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, gram and cornrey to Lender the following described property located in Collier County, Florida. As more particularly described as Lot 62, Carson lakes, Phase 11, Collier County, Florida and which has the address of: ('Property Address'): 3436 Carson Lakes Circle, Insookalse, tf'L 34142 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. An 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 s ' state hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbe aces of record. Borrower warrants and will defend generally the title to the Property against all claims and derma record. THIS SECURITY INSTRUMENT combin rants for non - uniform covenants with limited variation by Jurisdiction to constitute a uniform security [nstru ring real property. UNIFORM COVENANTS. Borrower Le r nt and agree as fol 1. Payment of Principal and bite ;p pe a Bo t r II promptly pay when due the principal of and Interest on the debt evidenced by the Note. thereon. Z Taxes. The Mortgagor will pay I s t tas prior to the accrual of any penalties or interest The Mortgagor shall pay or cause t be id, as t re d (A (1) all taxes and governmental charges of arty kind whatsoever which may at any time be Is r or he Property, (z) all utility and other charges, including 'service charges', incurred or 1 the operation, mainten=.., use, occ* upkeep and improvement of the Property, and (3) all assessments or other governmental c may lawfully be paid tai a period of years, the Mortgagor shall be obligated under the Mortgage to pay o cause t d only such installme to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the fo forward to Mortgagee payment. 3. Application of Payments, Unless w provides otherwise yments received by Lender shall be applied; first, to interest due; and, to principal due; and last, to arty Is • under 4. Charges; Liens. Borrower shall pay all a lee and Impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold ts. If arty. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evn encing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the psyment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage' and any other hazards, including 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 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 sign hgyg the righi 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 H 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 Lenders 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 no be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage nr immix thn 0-hi .11— -6'1 Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture 11 Pa CICet Pd ge -1016- 1 or criminal, is begun that in Landers good faith OF 1 2/8/2015 16.D.8. judgment could r!�u't in fotfeftura of the Property or Otherwise materially impair the lien created by this Security Instrumed or Lenders security interest. Bors°awer may cure ouch 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 connsct:an wish 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. f Borrower a e spec tee trrte to ffie Property, the leasehold and the fed titte shall not merge unless Lender agrees to the merger in writing. a Prot Enn V, L n ac's Rights in the Property. If Borrower faits to perform the covenants and agreements contained in this Sscurry instrument, cr there is a isgai pr>,r-ee'ing that may significantly affect Lenders rights in the Property (such as a proceeding in L •l uu -v o ,ate ,a c (i damnation or forfeiture o enforce laws or regulations), then Lender may do and pay fur whatever is necessary to protect the valuB e` the Property and Lander'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 rs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this repai paragraph 7 shall Dooms additional debt of Borrower secured by this Security Instrument. Unless Borrower aM Lender agree to other terries of payment, these amounts shall b -;tar !intere ;t from the data of disbursement at the Note rate and shall be payable, with interest, upon notice from Lerider to Borrower requesting payment. E. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the pre, niums required Ica maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage no.quimd by Le er raises or ceases to be in e f nt, Eorrower shall pay the premiums required to obtain coverage substantially Pqi va! n c t to rice u a e previously in ehe-t at a C= substantially equivalent to the cost to Borrov:rer of the mertgttge irisummricn ossiy n ffs< , o r, �,i morn .c insurer approved by Lender. If substantia4ly+~gOW&nt ,Mortgage Insurance coverage is r-.4 : +ab,r% r or ov r s a!t pay tc e i.re, ea- r morith a sjm squai tc ora-twelfth of the yearly mortgage insurance premium being poi- by E in ov Fey "Tit t n th i c gl, --psed or ceased to be in effect. Lender will accept, use end retain these payments as a toss reserve 'me u of mgr singe .r rase No pa,,Fmsnts rr v� no rcnger be required, at the ovation o Lender, if mo;tgags insurance coverage (in m ::n r a'ar ti tr t L=nger requires) provided by an insurer approved by Lander again b .norms available and is obtainer!. ower .t..: ,Pay "'he pros . -t re,,:uirad to maintain mortgage insurance in effect, or to provide a'' loss reserve, until the requirsrrierlt for mDngaga insurance end.: in a.'"ordance with any written agreement between Borrower and Lender or applicable law. P. I*6sAx*tion Lender or its agent may make reasonable entries upon and inspections of the Property. Landor shall give tciTa uor at tf r, .,m: of or prior to an i, ,-,siaactfcn specifying reasonable cause for the inspection. r lira <dan. T ;e proceeds at any award or cf e-irn tier damages, direct car conseq aerr aft in connartia wRn arty co tdemr : „loon or c".hrar tat ung of any part cf the Property, ar for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the evsnt of a tatat taking of the Property, the proceeds shall be applied to the sums secured by this Security instrument, whether or not then due., v h any er �e to B y eye In 1�ie .went of a partial taking of the Property, in which the fair market vGlue of the Property immediately o f e the + i i 3 is ee a ztsr then Lhe amo nt of the u s secured bx Ehis Security ins Misr# immediately before the taking, unl , r; ^v r r' a n'-'v vtflen�,�sz; _otce it i c the s gad-ajj, f i .,Sec r t� In ru +erg sh r i by the amount o, the pro^,'eadr ur 7 b , } the o i -is c re i rr drately ore n ,F> ,hg d.vd by {k) ho fear n mrket ;rauc,. or u, n ; di fci b .a ter o : ny b t ri )rts3 paiSfa or aE lr tr, mean, of e psrta! t� urW of the Prc tg in w ii h id ir v 'u . of P; a4 y tee -1re is is nc is less her, the'arnm l a' the err sx curad immediate;tr for tlr^ tekir,a u ?e t c rn.; r o' r is, w ti or i.n.es P..hccU;e law etlent , p,uvil r p °, e,ds s eJi be aiev fe the :;a. s sF u eu ivy iii �.,. ;ungY trier u -.h3r or not the s it s are then due Unless Lend- r arad,B„noa ;r o he.wise agree in wrWrtg, Q ;y� rip 'cation p a Bads to p incipal sha'l not send cir po*=Eo the due Qete'of"he monthly pa}Tncnts referred to in paragraphs t or chary g� s, the amount of such payments. ? 4 Borrower Nat Ret csed, Eoaboaradoa BySy T:grre# ®f Wet a yYalvsc "Extension of the time for payment or modification of am , li a icon of the rums secured by this Security tnstrumenf granted by Le6dpnioany gUccessor in interest o Bo vmcr shall not oparatil to r i of the e s n >f Sri c sor oi, B rraners syccetsDk iii i. taeet Lei;d akpat bF. re u:r,, commence prove jingc gal i an s r in i taro O ,r , 5e tc rx urid trrsta stir jiay dent a:'ut#ti ry se rrauc uz non c; the sums secured by this Seam i , Irse +un ?.,' by reason of any demand tr oe b t+lelanginal Borrower car Borrowers sue sars.irt e. ;GSt. Any forha a �:x e try, Lender in xeressing any right ore . My i not tx a wasver.gf or preclude the exercise of any right or fem'edy i r w-•a;asara and Assigns Bosnafc Ji';;ht and Sava c t Lis blh y c: Silt r r 7h c r,,:,_.,,s nriJ alnee-me= ci this Sac ms :,vmant shall hind end bsnafrt the successors andassigns of Lender and Borrovrar,,subjalt to the P avre me of o ra :saph t7 Borrn i a• coven r .rI d a t emehts shalt be joint acre saveriii. nt ao: rc vvsr who cc - °tg is this t:scu -,y in 'he r ry n art hi do not e ore i Nz, -a; ra is co-s title tide Security ins ro m e, 1f ` c i!t to mgrtg grarr and Convey that Borrowers iiarest r Y urider n, t r of !`i u7� it to , nt O` i o >E o no aPy i -19a � u P� lr !h, m • se ursd by this S —uriiv inrtn .r at; d O p :ge th i r r 4r c+orrc rn au e to �xtx�nd aodtfy', ,orb a., n, r.,hr y ace: mina aY iris arfh re�,ri to £.he: te°ms Of .. r.. ,act i,t; ti.,,ru; ,..n, r t ,e N _tear: gout that . ;_,.; viers cons '. Lc n ^r h t l car y^ , 5 cunt ;r lrstnsna ^t is sub;. ! it P 04 yr h ,.e u: a:nunr laOh ch r Frig t i t l i nary irte p -etad so t" nitre o oth - ra r charges rcollected c., to be ca laded ir; c inac con Wfth the loan exceed the parmitzee iiniiic_, then. (a) any uch loan chxrg, ..hail 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 r duc.ng the pnn ipo, red and ty N e car by rnat. , a direct payment's Borrower. !` z rtrfu i rwduces prirripal, lira re*au� ig., to :! bu � YF y Y ° ur,dErths Note c .x« n., ;i to a- :oat r dr�vi4 .i Oi in this Security instrument Ohali tr a trivan by deWcring I, o: by rnaing !: Eyy first cf a s mail iu. ii„ss applicable law raquirad use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lends " iy notice to Lender snail be given to Borrower or Lender when given as provided in ttia paragraph. 'i 5 L.oven g Earx; Szvorzzzy1tv. This S&aurity instrument shall be. otremed b fadar?f lady and Lhe law of the'urisd ci' r ' 9 Y l a t in v blob ti i ro p by i s aa^ ad I F. tnr c r h p, •o t 13u s < of rh i s S e. 3 i y'r,trUMen or the NIote onfi;rft vOi , cpalr..t , <e ?caw c>r`a ,h c t or the Mare v .ich,, ^a rr :47 thri th. :. trig ps x.ti :.., 1 °o in, n r:. , and 'Ma N'oe rru d:... aged to be seva,aL , 8 as ' m r i, n aria c. or ,r e copy cf the Nolp ard c ru r true i+ t r ti u % r u £ E rn rcAi t n Snrroowor, if all o ,- a of ire i' as iv or arty + tareM4 in It is aril nr If R lac i i o, a i - sa or trans erred and Sorroure, is no*, a. n,atw.aC pe.rscn) vftgut Lendses, aria vtritiati -ndFr ri , , a option, r . s e Tim ".ate payment in full of all surns secured by this Se,;udry Instrunisn'i. Howeve'r, this option shafi by La!-IdSr if syerc s tiro , h ..d by federal laver as of the date of this Security Instrument. if Lender exercised tnis option Landei shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 deer; fix n da!s iii r r ct ed v n v r h -9 c riovx r rn ust pay ui sue a h Soc:U'tc w,tru°isnt It S non ,fr t~ n,r ,w, +,ri L .. .. „ vu!.e any mmeules P--rrrr.t rd by ..br. `ric rrth ta;tru r sn t Oro . ho_1_.r on Donovjan tQ. EYG3':°t'aEe"9Ei°4's a;.lgt;: to Flcin trio. It Borrower rnee'ls certain conditions, Borrower shall have the right to have enforcement of this Sa ur tv Instrument cftconlinuad at any Ern p ri -ur to the earlier of: (.i) 5 days (or such other pen:)d as app ;iczb!e law may sp�,-- #y for ?' tj L - £ C t ":r n` to r D 7N at i c,ar in in tt,i .i ,t, i r rum +n o et) C. ^ �r ,, ( n ry d' a i,trl�,Tt 'i n i 41h al 3 nw e e L t r a u- i tntn would ado ru "tr c nt)• u C" r (r,) c• e and cefpuitcf try :. - cwt• ante or epr nianar ()treys ell sf i w it t 'n, r + it o r i n t d Ya -ea5oxtic alto 1 fe rid (.I) to i s . su h actin as !.en • ny o v r z t t ty 'r n Lr car i gt in th vie. w i and Bonnry o. , 5 i a cart to pal, o c st:`; t5k l -.,.a IJ -lrl taij it -:§ �t i y _ u i Est r n. Ly G ra e.r, ,c ., ^cyan ru-rte t' a i�±tcr :, o ntxaza•ti; occ; :.re-d. ,Dwever, tic ,i,,;,. tc ,„hats not apply in the case c un4or .pi, 17. Eta to of fz c f ungs ai C or i t ¢p r The is n c p rt.a into cat in the i tc ear : h xr witr tt,is Security last ,rim ni) r. r.;, t G"tv ^. T"ta e^ r Psi �r J'a r ,7. , ^ r r. c i a che" a it tip *: o:n eneice )th that or , d r N c r t tt i t, air r _, r r r , r "he Lear, s rvr ➢.t t,., tr3�iC_ 1~, ?,. 6 l e MVF-ri vz.r.ton nonce ai [he change in accodan„e wfth OI.12/8/2015 16.D.8. 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. ti Borrower leams, or is notified by any govemmental or regulatory authority, that any removal or other remedialion 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, ides, volatile solvents, materials curtaining 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. Lander 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 uNess applicable law provides otherwise). The notice shall speck. (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 Borower, 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 attorneys fees and rusts of the tide evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release Oft Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys! Fees. As used in this Security Instrument and the Note, 'atomeys' fees' shall include any attorneys, teas 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 Instrument. the covertartts and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of Otis Security Instrument as d the rider(s) were a part of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Graduated Payment Rider ❑ Balioon Rider ❑ Other(.) (specify ❑ Rate Improvement Rider ❑ 1-4 Famiy Ride��, ❑ Biweekly Pji SIGNING BELOW, Borrower accepts and by Borrower and recorded with It Signed, sealed and delivered in the Witness#1: —.4 Signature war W -E Co- IS c� c ❑ Condominium Rider ❑Second Hame Rider rnt Development Rider Instrument and In any riders) executed – Address; 3436 Carson Lakes Circle X» ckalee, YL 34142 STATE OF RI COUNTY Ore I hy rtfy that on this day, before me, an officer duly authorized in the state aforesaid and In the county aforesaid to take acknowledgements, personally appeared Viola Madrigal 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 th reusythe in expressed. WITNESS my hand and official seal in the County State afore ' this da My Commission Expires: ub i 's ignat ( LiW1AftAlEB /�.« rc> MYOOttIM8810N100272181 Nota rimed Name E>IPIRES:,Iawry it 20oe ttrneafillm"n/leworo n File #: 04 -098 Packet Page -1018- 12/8/2018 16.D.8. SEE COND MOR`^s GF GE Retn: EXPRESS /FEDEI 4071689 OR; 4281 PG: 1723 REC FEB 27.00 LAND AMERICA ONESTOP RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL DOC•.35 113.05 95 N BEAU ST 1300 09/13/2007 at I2:12PN DWIGHT B. BROCS, CLERK INT -,002 64,50 WASHINGTON PA 15301 OBLD 32250,OC CBLi SO,CC THIS SECOND MORTGAGE ( "Security Instrument ") is given on , 2007. The Second Mortgagor is: Darryl Richard and Natalya Gomez, 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 Thirty Five Thousand Two Hundred Fifty and 00 /100 Dollars L$_35,2 50.00 . 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, refinarcc or loch of homestead exemption . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under oaraor,,a, -, 7 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants znd agreements under this Security instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to L endfor the following described propety located in Collier County, Florida. As more particularly described as Ibis Cove Phase Two -A Block 13 Lot 266 and which has the address of: ( "PrcpartyAddress "): 8468 Ibis Cove Circle Naples Florida 34119 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 "r rope:; ty ". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has S:he right to mortgage, grant:' < nd convey the Property and that the Property is unencumbered, excc:plSor-err_umbrances of record. Bvr -aF era ,savants and vriil uxend oer. ;= :rs ;iv the title to the Property against all claims and demands subject ig ny gaga fbran of record. THIS SECURITY INSTRUMENT combines uniform cok nantsfiorr idnrst'vse "and iron- uniionr covenants with!lmiied, r -i :t.t by j,.,isd:ction to constitute a uniform security instrument rD`yetjn;( -real property. UNIFORM COVENANTS. Borrower and Lender' covenant and agree as follow% 1. Payment of Principal and interest; �repayinLrit.and.Late Charges. Borrowers at! ?rcmptfY pay hen due 4he principal •af z.nd interest on the debt evidenced by the Note. / 2. Taxes. The Mortgagor will pay all t4es,.assessmerifs� sewed rents of water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be pair! a ;the ./rile rtspedtiveij becom$ d ue). (A)(7) all taxes and govenmental c tar cf bmy kind whatsoever which may at any time be laA If assessed dt levied against o with,. Cl!to t o op_rty, (2) all utility, and other c :S, including "service charges ", incurred or imposed jvr,"j operptfon t naintenan use _bccupaney' 6pkeep and improvement of the Pros, r;, and (3) all assessments or other governmental charges=ihat rftay IawfuOybe paid in u stallm nt Oy„r "a period of years, the O,fenq ^g or shall be obligated under the Mortgage to pay or cause to b--paid only such installments as, are req� I to'be paid during the term, of the Mcrulaps, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee €tQence of sch payrnent. 3. Application of Payments. Unless apRli'cabte law provides otherwise, ll,payrrrnt5 received by Lender shall be ap U—d, irst, tc interazt due; and, to principal due; and last, to any la{e`•rcharoes due under the Note. .i• 111. Charges; Liens. Borrower shall pay all taxes,e'assessrnents, charges firie� and impositions attributable to the Property which may aYt +in iriority over this Security Instrument, and leasehold payments os;gFaLF6 { r nts,lj'any. B•ormwer shall promptly Punish to Lend� r ail caicc : of amounts to be paid under this paragraph, and all receipts euidelicing ha payments. Borrower shall promptly discharge any lien which has priority 6VsF'INS Security Instrument unless Borrower, (a) agrees in wsi;ina to the r,ayntent of the obligation secured by the lien 1n a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enfcr'mrnert of the lien in, legal proceedings which in the Lenders opinion operate to prevent the entoncement 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. E. Hazard or Property Insurance. Borrower shall keep the improvements noty existing or hereafter erected On the Provenly insured against loss by fire, hazards included within the term "extended average" and any other hazards, indudino floods or flooding, for which Lander requl,-es 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 maim.. -:in coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance witl, paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain inv ranee vAth raspeca to the Premises ao-inst such riakc r+nd for such amounts as are customarily insured against and pay, as the same beco.rte due ai,d pa able, all premiums in respect tfterao, out not limited to , all -risk insurance protecting the interezts of the Mortgagor and hro tgu a again ,° ices or damage tot , o cs v r c lightning, and other casualties customarily insured against (including boiler explosion it approp- iate), with a ur +orm stanoa d e: tended • o_rage endorsement, including debris removal coverage. Such insurance at all times to be it ar amount riot less than the full re�ir: er:er,t ^rat cf the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and Snail includc a stancard morzgaca clause- Lender shall f apve the rigi:f 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 he applied to restoration cr repair of the Drape -itv :, - ,au d, if the restoration or repair is economically feasible and Lender's security is no! lessened If the restoration or repair Is not ecororrocslly 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 nnticA9 from Lender that the insurance carrier has offered to settle a claim, then !_ender may collect the insurance proc�eds. L ender m=y ., e t ; p e. us to repair or restore the Property or to pay sums secured by this Security m i u t nit, v hc. er o- not'hen due Th ;;,-c r c u when the notice is ,nailed. Unless Lender and Bc rower otherwise agree in w: mng y , r cc,ion of proceed to F eipa! n r riot ,.,, postpone the due date of the monthly payments referred to in paragraph 1 or c` nee t r n ^tint of e p ym. r .,. ,f u d 3 art t „ ,pety is acquired by L ender, Borrower's right to any lnsumnr e policies and proceeds rerul ", rig f: orn damag 'o the ', nper y l r, t•. 1 3 w on shall pass to Lender to the extent of the sums secured by this Se u ity Ins rum r : n d at !y prior to the xiur trop cw� rticy, Preservation, Maintenance and Protection of the praperty e3orrowce � c 4p e oat L ,aaE, not ..r ablish, and use the Property as Borrowers principal residence wit in sixty day attar the e.._.ru ;.en of th,s Security instrument and h:;al Cnthue 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 withheid, or unless exienuatir cir aamstances e:cist which are beyond or >r . oantrol. Borrower shall not destroy, damage or impair the Pmperty, allovi, the Prop ray i fora e or corn; t a m on the 'rc: i , 'orroveer shall be in default if arty forfeiture action or procesing, whether civil or cr.: n.., r "son t! t t cn L.en.t _ . g gd fah t 1 Packet Page - 1019- �� 12/8/2015 "16. D.8. judgment could result in forfeiture of the Property or otherwise materially aripair the lien created by this Security Instrument or Lenders security interest Borrower may cum such a defauft 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 if Borrower, during the ban 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 base. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of 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 Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under 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 0. Mortifape Insurance. If Lender required mortgage insurance as a condition of making the ban 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 shad 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-two ft 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 Leader, 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. Condsnwration. 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 imnmediately 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 b phis. cu; Ins shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the d y tely before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any bale II the event of a partial taking of the Property in which the fair market value of the Property immediately be g if' less than t f the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in or, ss applicable law othe 'des, the proceeds shall be applied to the sums secured by this Security Instrument whether or no e s are then due. Unless a otherwise agree in writing, any application of proceeds to principal shall not exte d or ne the month pa rrta referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released, Forbearan the time for payment or modification of amortization of the sums secured by this Sea 1 e b y r interest of Borrower shall not operate to release the liability of the original Borrower or s n t e r not required to commence proceedings against any successor in interest or refuse to m i a non of the sums secured by this Security Instrument by reason of any demand made by i Bo s su $ti rest. Any forbearance by Lender in exercising any right or remedy shall not be a we or preclude the exercise any M r edy. 12 Successors and Assigns Bound; ' and Several Llabtllly; Ig covenants and agreements of this Security Instrument shall bind and benefit the successors a ns of Lender and s the Provisions of paragraph 17. Borrowers covenants aP nts shall be joint a Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-s r rity Instruin ortgage, grant and convey that Borrowers interest in the Property under the terms of this Security In - b) 1 to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may ag (>ii cur or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers copse 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum ban 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. 16. Governing Law; Severabilhy. 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 Berraflcl it 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, tender 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. 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, 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 Servioer 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 Ln Packet Page -1020- @-'IV ** 12/8/2015 '16. D.8. I -b w . ' 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.rThe 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 trams, 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-erdstenos 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 attorneys fees and costs of the title evidence. 22. Relowo. 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. Attom"* 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 C ❑ Second Home Rider ❑ Balloon Rider ❑ Biweekly Pay Qt i abo Unit Development Rider ❑ Other(s) (specify ®c—� SIGNING BELOW, Borrower accepts and agreed to to " covvenafSt'; cdntained in is S curity Instrument and in any rider(s) executed by Borrower and recorded with it _f \ -_ Signed, sealed and delivered in1 the presence Wdness#1: VJR -Sam M I%�A Signature: Co- Borrower —6368 Ibis Cove Circle Naples, FL 34119 STATE OF FLORIDA COUNTY OF o I /; Eff- I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take aclmowledgements, personally appeared Darryl Richard and Natalya Gomez, 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. 4k WITNESS my hand and official seal in the County and State aforesaid this )- day of 4 Q < U 2007. My Commission Fires: Y)i o2 2 6 r N ry &k:,s Si lure MOOD-- = n) G Notary's Printed Nafme y11NILYN KAY NAERNN3 la,W7 pWft . Saw of Fto W � Mort #t10D IplM t MM11bor�rf11M.W ltle #: 06 -173 e }urn Tc, 7 30CL, q,--1 Land America OneStop. 95 West Beau St. Suite 300 Washington. PA 15301 (800)920.0050 Packet Page -1021- Will: 4297514 OR: 4454 PG: 12/8/2015 16 b.8. TOWN E COUNTRY TITLE RECORDED in the OIIICIAL RECORDS of COLLIER COUNTY, I1 uc 1116 17.00 PICK UP 05/20/2009 at 08:22AK DWIGHT E. BROCI, CLER[ DOC -.35 10.50 SECOND MORTGAGE THIS SECOND MORTGAGE ( "Security Instrument ") is given on ILJ day of 2009. The Second Mortgagor is Yuset Telena, a single man ( "Borrower"). This Security Instrument is given to Collier County ( "Lender'), which is organized and existing under the laws of the United States of America, and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 Borrower owes Lender the sum of 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, dire 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, Unit 2, Bik 34, Lot 20, Collier County, Florida and which has the address of. ( "Property Address "y 4465 19" Avenue SN, 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 covering �re_a.1�.P�° UNIFORM COVENANTS. Borrower and Lender d lows: I. Payment of Principal and Interest; Pre y r shall promptly pay when due the principal of and interest on the debt evidenced by the Note. thereon. 2. Taxes. The Mortgagor will pay all tax , a sments, sewer rents or s prior to the accrual of any penalties or interest The Mortgagor shall pay or cause to pai a e same me us, ( )(1) all taxes and governmental charges of any kind whatsoever which may at any time be la Ily a s o vi ainst or ' h res to a Property, (2) all utility and other charges, including "service charges ", incurred or imposed for Ii nt ncy, upkeep and improvement of the Property, and (3) all assessments or other governmental ch es at a II p ' in t I ver period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause o be Qa oniy u i s I s a ui to paid during the term of the Mortgage, and shall, promptly after the payment of any of the f yard o g evid f itrdayment. 3. Application of Payments. Unles `. i law p es o e 'se, a Ta, M64W ived by Lender shall be applied; first, to interest due; and, to principal due; and last, to charges due under the te. i 4. Charges; Liens. Borrower shall t es, assessments, cha , fires jr ositions attributable to the Property which may attain priority over this Security Instrument, and Ie�ho payments or ground 'n rrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, dpp ipts evidencing the e Borrower shall promptly discharge any lien iGN 'only over thi strument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a ma er Q� e , contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Le b�ini o prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordina I ien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which 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 polices 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, 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 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 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 Packet Page -1022-'rrower shall also be in default if Borrower, during the NT OR- AM Dr. A111 12/8/2015 16.D.8. 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 Joss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 8. 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 ap li ble law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sumggdur ender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or thl y payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released, Forbears , V nder Not a Waiver. E �nyifan f the time for payment or modification of amortization of the sums secured by this Security Jfist ant granted by Lender to any ccessor in interest of Borrower shall not operate to release the liability of the original 8 or gojr s ucceSao s . Lender all Apt be required to commence proceedings against any successor in interest or refuse to a endt me ant otherwi modify morfization of the sums secured by this Security Instrument by reason of any demand made by e o gi rro s in terest. Any forbearance by Lender in exercising any right or remedy shall not be a iver o p d t e o y ' o remedy. 12. Successors and Assigns Bound; J nt nd M Li b II n . e Covenants and agreements of this Security Instrument shall bind and benefit the success a ig bf e e orrowe skbje P4 the Provisions of paragraph 17. Borrower's coven ts,gn m al nt an �,ft Borrower who co-signs this Security Instrument but does not execute the Note; (a) i 5 ning this Security Ins' knt y to o rj�age, grant and wnvey that Borrower s interest in the Property under the terms of this Security I ant; (b) is not personalled p�fr he sums secured by this Security Instrument; and (c) agrees that Lender and any other Borro agree to extend, modia in' a any accommodations with regard to the terms of this Security Instrument or the Note without that o s consent C 13. Loan Charges. If the loan secured by I� . Instrument is s to law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loa arg?s I ' ad in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by t ealm duce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted Iimi 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 seared by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations seared 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. 18. 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 Packet Page -1023- yi AD- ARA Dr. nirli * ** 12/8/2015 16.D.8. 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. AttomeW 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 apart of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Graduated Payment Rider ❑ Balloon Rider ❑ Other(s) (specify ❑ Rate Improvement Rider ❑ Condominium Rider ❑ 14 Family Rider ❑ Second Home Rider ❑ Biweekly Payment Rider ❑ Planned Unit Development Rider SIGNING BELOW, Borrower accepts and agrees to by Borrower and recorded with it. Signed, Vaned ajid4elivered in the presence N, STATE OF FLORIDA COUNTY OF COLLIER co S/t/ Co- this Security Instrument and in any rider(s) executed F' Address: 4465' t9:°�//f►veaue SW Na esy Florida 34: ��fE CIRC , 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 Yuset Telena 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 aforeo—idlvs day of 200,7 My Commission Expires: 1119'I /Z (Seal) b i ' to Notary's Printed Name Notary PuohC tote Jt Roma way :es S Le oan My Commtsson C073S795 "xn"es0L1E12012 File#: 09 -108 Packet Page -1024- INSTR 4644133 OR 4752 PG 2390 RECORDED 1/4/2012 3:09 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.35 $11.55 INT @.002 $6.44 REC $35.50 12/8/2015 16.D.8. OBLD $3,220.00 OBLI $3,220.00 STATE 13OUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SECOND MORTGAGE THIS SECOND MORTGAGE ( "Security Instrument ") is given on da day of aeCe 1Y\W, 2011. The Second Mortgagor is: Yamily Veloz, 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 3339 E. Tmmiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Three Thousand Two Hundred Twenty and 00 /100 Dollars ($3,220.00). 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 Estates Unit 61 S 75ft of N 150ft of Tr 32 OR 32 OR 1982 Pg 426, of the Public Records of Collier County, Florida and which has the address of ( "Property Address "): 571 1B°1 Street SE Naples Florida 34117 (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 st d all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Severity Instru Wforema*m-1 1 is referred to in this Security Instrument as the "Property ". BORROWER COVENANTS that Borrower is II t reby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unen c}tc ' f record. Borrower warrants and will defend generally the title to the Property against all claims and de ject to any encumbra W record. THIS SECURITY INSTRUMENT com ne iform covenants for national uke an non - uniform covenants with limited variation by jurisdiction to constitute a uniform security ins me r n erty. UNIFORM COVENANTS. Borowe and en nant nd agr�e�s foilow9< 1. Payment of Principal and trite st; en er hall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay ail es, asse s en er tes rior to the accrual of any penalties or interest thereon. �. The Mortgagor shall pay or cause the re ely ye )(1) all taxes and governmental charges of any kind whatsoever which may at any time be Is 11 assessed or levied agai t or wit res the Property, (2) all utility and other charges, including "service charges ", incurred or imposfo the operation, maintena us�, oi�cy, upkeep and improvement of the Property, and (3) ail assessments or other governmental cha t may lawfully be paid'% igst II ver a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to i only such installments as ed to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the fo of rd to Mortgagee f such payment 3. Application of Payments. Unless app I e, I yments received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late ch rr��dde�Dlo 4. Charges; Liens. Borrower shall pay all taxes, a S es, 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 Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which may 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, - ..a '° uuiny, but iwt )i�Tiiictir to , 9ii -I itsK iiiaurdmw protecting ine interests of me Mortgagor ana mortgagee against ioss or damage to Ine 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. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith Packet Page -1025- Q1" OR 4752 PG 2391 12/8/2015 16.D.8. ju tgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lenders good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material 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. ir' 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 M Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance co —rage 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 (n 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 cr 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 appliedsothesums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial takils<q ofe ropeity;ym which the fair market value of the Property immediately before the taking is equal to or greater than the amount oT hb suritsa e p•6g -thi$ Security Instrument immediately before the taking, unless uorower and Lender otherwise agree in writing, the stimsseZu d by this SecOrityt10stryment shall be reduced by the amount of the proceeds rraltiplied by the following fraction: (a) the total amputif�f tfie sums secured immediatelybefprre 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 fmmediatei$ befogre 9 taking s.tha0jthe amouq of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree i0wrfting or'66 ss•.applieable law otherw se provides, the proceeds shall be applied to the sums secured by this Security Instrument whether off not ads ii du�,�nl 44zender nd Borrower otherwise agree in writing, any application of proceeds to principal shall not ekten r os e,fhd die a10loE fh' m`o, li pa ents referred to in paragraphs 1 or change the amount of such payments. ( ( 1� ' 11. Borrower Not Released, Forbpaml d i I,@rk dr Kota Waiver. E�tkension gfthp time for payment or modification of amortization of the sums secured by this SecurhIV..risiromant gamed b�en-dor to a it", in interest of Borrower shall not operate to release the liability of the original Borrower or Sorrrjtvees successors in interest., Lenders ai�, of be required to commence proceedings against any successor in interest or refuse to eitte�n.,,��, me for payment or otheriv -e mbdif�ai(t ization of the sums secured by this Security Instrument by reason of any demand made by tfie'drilgihat Borrower or Borrowerr ss ,coesso in interest. Any forbearance by Lender in exercising any fight or remedy shall not be a waivor ¢fb�p�eclude the exercise of any iglrt` 'remedy. 12 Successors and Assigns Bound; Jo`fnt ao1 ,Several Liability; $ignera The covenants and agreements of this Security Instrument shall bind and benefit the successors and a sAhs 9t enderand ,6rrovyer' abject to the Provisions of paragraph 17. Borrower's covenants and agTeetfi nlsrsiratfb ioifttand everal. Any Borrower who co -signs this Security Instrument but does not execute the Note; (a) is co- signing this Security fnstn:r6' nt 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. 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 he Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such u:nflict shati not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To iris 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 frorn 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. Borrowers Right to Reinstate. If Borrower meets certain conditions, Borrower shalt 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 ncurred 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 axela stion 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 a;iie is monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer nrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with Packet Page -1026- 1.\), OR 4752 PG 2392 12/8/2015 16.D.8. 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 leams, 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' fees" shall include any attomeys' 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 pa rity Instrument (Check Appliceble Box) ❑ Adjustable Rate Rider ❑ Rate ❑ Graduated Payment Rider E31-4 F ❑ Balloon Rider p Biwe ❑ Other(s) (specify SIGNING BELOW, Borrower accepts and agi by Borrower and recorded with it Signed, sealed and delivered in the presence WA STATE OF FLORIDA COUNTY OF COLLIER a ' CoU Condominium Rider S�econd Home Rider Rider Pldnned Unit Development Rider Instrument and in any rider( &) executed Borrower Address: 571 18°° Street BE Naples, Florida 34117 I hereby certify that on this day, Yamily veloz before me, an officer duly authorized In the state aforesaid and in the county aforesaid to take acknowledgements, 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 . '22 day 0 �Cem 6C!/ , 2011. My Commission Expires: Notary Public's Sig ture ) (Seal PETER J tAtJ MM Lo --t .1, L l it t,' h I � A Notary PulO - $to of ft" Notary's Printed Name • MyC__�aS022,!OK coamrhaoa EE tarn M t10111d itrrslpb tiYWa1 IyR SHIP File #: 10 -037 Prepared by: Collier County Housing, Human & Veterans Department 3339 E. Tamiami Trail, Bldg H, Suite 211 Naples, FL 34112 Packet Page -1027- * ** .^_R 4752 PG 2393 * ** i�UIIBIT A. 12/8/2015 16.D.8. THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT NO. 32, GOLDEN GATE ESTATES, UNIT 51, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE(S) 84 & E5, PUBLIC RECORDS OF COLLIER CO-01,7Y, FLORIDA. 571;8:hSL=,SE, ,F',341i.7 Lagz1 Desc:iptiel i Packet Page -1028- (FLC- 111000548S.PFD/F.LC- 1110005465/61) 4285218 11A[ A &nq 01 6..8. RICORDID In OFFIt - - - -- -- - - -• - 04/20/2009 at 10:09AB DF12T i, BEOCA, CHU OBLD 280.00 d.AC s€ 15.50 DOC -35 9.80 Eetn:AM: Sn SECOND MORTGAGE DBBDFF.O Ag2C' r.BS UCT 3490 -F CE €SEIC[ CIE OEAECu" Fin YI 32065 (Securi y Instrument ") is given an R* 2W9 e &,- -.;,nc n,,,r,. ar is: Jamie Walker, a single person Sacwty insi °ument is given to Collier County (' Lender'), which is o gan.zed and sxl, under i litee States e: America, and whose address is 3301 E. Tamiami Trail, Naples, Florida 3411, -,ves Lender the sum of Two Thousand Eight Hundred Eighty and 00 /100 Dollars ($2,880.00). viderced by Bo^rONCPs Note dated the same date as this Security Instrument ( "Second Mortgage "), which provides for monthly tie fu bt, if •i t paid earlier, due and payable on sale of prgLr rty, finar,.ce, or loss of ex:e sort'. o This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the h+ with and modifications; (b) the payment of all other sums, with interest . ad vane un 'er paragraph 7 is l •;tier Cl: S e ,_ r, ,nail and (c) the performance of Borrowers covenants and agreements under this Securty lry tmoment a id , - cu r o :, Sc Wwc. does hereby second mortgager grant and convey to `.ender the fcilowir„ d, c ?. p:ozert} ate in t:.; y- . _ as r<eples Farm Sites Inc, N 82.5 FT OF F, 825FT Q, bt ;> OF 7R 21,. a A=,e ,, Q'i� PC, 2L �c?c :rn "l4er C runtyr, Honda and which has the address of: 2045 Della Drive, Naples, rL 34117 ' aF T i I R WITH ail the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, r:,ineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter apart of the property. All replacements n -1! also h_ cove, , by the Security Instrument. All of the foregoing is referred to in this Seeu ay Irst u r = :nt ss the " Prcperty". ,--' -V F, CC"dFi- =.t<T5 that Borrower is lawfully seized of the estate hereby conveyed and has the right f, m3,1ziago. grunt a. ma p ac erty is unencumbered, excerit-farencurrmhrances of record. 3„r.om.c its ant. v.,ll eeft., id or:,_ „ally r iz f .,, iGims -nd demands subiect,taa(iyeROUmbra:=ibes of record. ._ fER- NTcombinesuniloancgienahtsicrnstpn3i ,us= rdnc` urvrorr.:c.:, ,.: :c:, r t urty instrument coveting real proper y. COVE-10,"i-1%. : Forro\,mr anO t6nder covenant and agree as `a! ov ` "'• t cif Flrhiz aE and Interest; Prepayment -and Late charges. Borrower shall r or p ly pa whe . gu p =r' c web, evidencrad by the Note. cy ; axe The Mortgagor will pay alYtaxes, assessments, -Sewer rents lar wat r ra {ites prior to the accrual of any penalties o interest c7-7--11 ILL r ..,till pay or cause td be paid, i s t* sane ;respect v' iy,t e r,0"du , (P ),; ,) all tax rc rove mental c r,, _s of any Fi� till 'i r a; tima be IaNfuliy+assessedor Ievred again ,, cr with respect, to fl e Rma; e `v ,[; cli u rig <,r,d a ,era: , n, st ct.arges' ic,c d or Imposed o itj @bperaboh rainteaance, use occupancy , u;,,._<p and. improvem ni `fn,. P,c r ;•, and c or Cther gave :rnmentai chargias that may lawfully be paid'tn installment; ev..ra prariod of years, th e.;,[y _hall be P40'cage to nay or cause tobr;`paid only such installment as ar requtrzd to be paid during ,,;F ,.err r o fnt and r the p :ymems of any of the foreydi�g, forward to Mortgagee �vl ericeio f su ^i7 payment . citron ct f -y rrc nts Unless 41; t a ,e law provides otherwise,' ajl payments received by Le i. j ur ,rte be r;,,.',..,, r ,t, to a ,tor nc p.. Fnu last to any lair,* charges due under s . us-. : L ::c. ands err shall pay all taxeg assessrSlents_ Charges. fin el imposil cn, ;r !. :. F :a c the I rev tr wh, a may c,. `.y „ instrument, and leasehold payments or ground rents q; zny. ea stair shall o.priy rL tic L naer a! e to ba pvid un der this paragraph, and all receipts = evidencing the payments. ... „ l ;• disdnarge any lien which has priority over this SKcunty Inntru r. m .,n,esy 5,cr, . ,is s in v.ntrra tU :. _ ..red by the lien in a manner acceptable to Lender, (b) contest in goad fain .ha by, c dcf _ a agF.,mn f. lien .n, !a gul p:ocs °dings which in the Lender's opinion operate to prevent the emorcaman'. of the Dc ,, ut (c) Ge,:;,r os fro. -t tt: cis; c: In; lien on agreement satisfactory to Lender subordinating the lien to this Security Instrument. if Lender determines that any part is subject to a lien which may attain priority over the Security Instrument, Lender may give Boirower a notice identifying the lien. `sfy tha take ane or more of the actions set forth above within 10 days of the giving at nd<<c,: ..,lira ac , �rf}• anau:anee. Borrower shall keep the improvements now existing or r _ r arcs .!tided within the term "extended coverage” and any other hazards, including floods or f coding, for o,,hich Lender This insurance shall be maintained in the amounts and for the periods that Le rider requires. The insurance carrier shat' b;: chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower `, =ifs to ar - cesc -ibed cie Lender may, at Lender's option, obtain coverage to protect Lenders i' w , s in th= ri cp.:,rty ir accordanc- At a: turn:.s t, at he !,late is outstanding, the Mor'ioaoor shall maintain insurance v,,11, ms_ _ t tL f . _miscs . :aurnst such as „ c,uaomanly insured against arid pay, as ine same become d e and ux, a,, :!l tTti . i.,.:,, in ill. >. .i:ereto, err..,, once protecting the interests of the Mortgagor and Nlortgagea acai.� --; leas a c? :r ae to the P .grilses d c,t e., customarily insured against (including boiler explosion, if ,op ,,.:, ), %t,h ca un,f ,,n ..,and :..,. ied t. .:wing aenris removal coverage. Such insurance at all times to be �n a. „m, -,,,,, a, - . ;ur r c siaz of fco?ings and foundations. arc' renewals shall be acceptable to Lende. and shall include a sta^dard ; .r ;v,sge c,cus.. Lender sh.T gave po,icia and renewcls. If Lender requires, Borrower shall promptly give to Lender al, receipts of paid premiums and renewal x d r want of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of toss if not made Le,,je7 and ,c :rvr :_ otherwise agree in writing, insurance proceeds shat' be LpN to re ta'atian orreraii try PraPoriy ^,r repel s economically feasible and Lender's security is not lessened. if the re wr.-t or. a:' repair is net or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security rn _ther or not t`:en dve, with any excess paid to Borrower. If Borrower abandons the Property. or does not anso er within 30 days , inzu �n e currier has offered to settle a claim, then Le ride r in ay cc m- ri,,u rarce pi o �-ua L nm� ii, r.,::,, use - > _... ,h. Pro pe Ft y or to pay sums secured by this Secu, :t, 'r,,. vine .t v, tar C, i ;,ot 1nv1, ;,,_ . h.. 0 .:y Pis -glad ce Lender and Bor- vvcr otherwise agree n v it ^g, an c ^ :. r, a. - hr' ! e. nl ) F. G ,c, - c,.a ,- d_ -_ ,. _ ,lie monthly payments referred to in paragraph 1 or ct rga the amoun of ;,,e pz; r. „ underr pare r�ph 21 c ,orrower's right to any Insurance pol,cir•s and .P „-eeds rc uhlmig ro n a ,eve to the Froh t, ,ariar to r !_ :.,_r the extent of the sums secured by this Security inFrumSni ,ear iedia ei ; ,;or to t,e zca,;;sitian. e . , i .�ln'enance and Protection of tire Property; unr*iower's La .,t iaE� ;•irca;, u,., L.., , h,x :emu. Sorrav,er �nali c...;_: .n, use - iope,iy as Borrowers principal residence within sixty days after the execution of this Security Instrument and sir r -c py the pro _ r ty as Borrower's principal residence for at least one year after the date of occupancy, unless Lender co :_ Mnt shall not be unreasonably withiisid or unless cx'. : :,r._ ir,c, rcun,_i� :. :. "_s t,.xr:,, vv' icb ar2 coyer^ destroy, damage or impair the Property, allgw me ,n�, r, t., ac ;eric-ate or c. emit waste on tie r ..r:. L. ;,1 ., tali if any Ycrfeiture a -_ .,. _ _ _...:: ti _ _ :-•- or ch in t, 7, . h- ° in L��ndFr s .,air,, i.,, Packet Page -1029- AmAr %A. AAni OR; 12/8/2015 16.D.8. c restut in forfeiture of the Propert{ or otnenws x rr craily impair the lien created by this Security Instrument or Lender's security "`wur may cure such a dafau!t and re rstate, a n c,v ded in paragraph 18, by causing the action or proceeding to be dismissed in Lender's go, fwrth determination, precludes forfeiture of the Borrower's interest in the Property or other material s o he lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the 13an r .,•..G_,t. n process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material f ^• r `, t n :.cnnection with the loan evidenced by the Note, inc?uding, but not limited to, representations concerning Borrower's occupancy d >rty ras a principal residence. if this Security lnstrumenl is on a leasehold, Borrower shall comply with all the provision of the lease. B • rc : ^r : : ^ :^ iris fee alma. to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. c :-tion of LL : r'a Rightz, in the Property. if 4crrower fails to perform the covenants and agreements contained in this enk, or there is 4: !e,.�E ,• '✓uad;ng tl:at may signn`canVy affect Lender's rights in the Property (such as a proceeding in c pte, for Cr fc :eitum or to en•cr,- i .v,,s or regulations), then Lender may do and pay for whatever is necessary to the Prope is anu L; ncsrs r ghts in the Prcc- . ;r. _enders actions may include paying any sums secured by a lien which v--r this Security Instrument. appearing in court, paying reasonable attomeys' fees and entering on the Property to make repairs. thaug *• t-ender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this become aftf.icnal dsbt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terns se amounts seal oe :i interest from the date of 64-, arsement at the Note rate and shall be payable, with interest, upon notice Burrower requestino 4^ aht. Mortgage Insurance. if Lender required mortgage insurance as a condition of making the loan secured by this Security a srrower shall pay the p7emiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance q .u. _d by Lender ,- cease:, to be io effect, Soncwe shall pay the premiums required to obtain coverage substantially ti mort _,ce u7r anc ,,reviousiy in e c ubsiantia!ly equivalent to the cost to Borrower of the mortgage insurance " s 'rom an c km v a splp o " d by Lerwar Ir substantially equivalent mortgage insurance coverage is not a° o - ;v.a! :n of the yearly mortgage insurance premium being paid by ar c v r a -; o c• c: o s r "e z. Lender will accept, use and retain these payments as a loss reserve ;nsur ancs _c,ve oaymen ;a; : , i . b required, at the option of Lender, if mortgage insurance coverage (in the oc t ! rr re :racr s; a c.,;.. a y - rr,Ewr_r approved by Lender again becomes available and is obtained. +vii_r u;r;-d mainta r y c:.._ it effect, or to provide a loss reserve, until the requirement for Via , . , .e ends in v =n ,.,.nn with any matter, agrrerns :_ `- e!vveen Borrower and Lender or applicable law. inspection. Lender or its agent may make reasonable eritries upon and inspections of the Property. Lender shall give Borrower :: khne of or prior tc ur. insm action specifying resonable taus: for the inspection. cec , of any aw r c r c ,- :: damages, direct or consequential, in connection with any condemnation ,ny par, of the ° ep. y, o or c--riv 7a - ,4 i i eu of condemnation, are hereby assigned and shall be paid to Lender. In the ;v at o' a total taking of the Property, the proceeds shall be. applied to the sums secured by this Security Instrument, whether or not then due, paid to Borrower. in tf;r event of a part;al taking c` the Property, in which the fair market value of the Property immediately a .tc is squat to or pre.,�,�r nan t u Prrojm cr ::,e , . e, ed by this Security Instrument immediately before the taking, unless der C h use sr r ;:, . g, the -ms sect. r -ins Security Instrument shall be reduced by the amount of the proceeds w r l ca; of u: sue' arimediately before the taking, divided by (b) the fair market value at iv b =f n v b �e ~crews Jn the event of a partial taking of the Property in which pro tne`a4ht,of the sums secured immediately for the taking, !?w outer de provides, the proceeds shall be applied to the sums a c;a<< Ul ess Lender and Borrower otherwise agree in writing, any pro h pa to payments, n t e 41 O 6a +pore > r:_d the monft y pay payments referred to in paragraphs 1 or change r payments // \ 3orrower Not Relzzsed, Forbearense oy, -LPnd� Not a!- FLiver. thg time for payment or modification of sty: sums secure by this Security lri#rum nt r.•r ff b LwSr.g tpanJsNCcesson;n interest of Borrower shall not operate to h f ihs oryir,n n w. c 8o rotue' u .V �a r, e s 'L3ttdershall notbe required to commence proceedings _or ir4 rr ;are r. r e t rten U n f a� goy , r t w se modify amodi ation of the sums secured by this Security .?s0n of an ri& rnad by ct ;ti gintii 50, rjs r P , ;Per's s ois-in interest. Any forbearance by Lender in tit or remc y s n.;' bs a wasvet; of or preclude the = e-crse of any light,, rrO aedy. es� t c pe s gn rrd'Jdai:t and Sevem.t Li;- J r-y; GASrg'nera.-.5`T4 covenants and agreements of this Security ,rd and b_„ef > . ouccr sorr riddassigns of L roe, nd Borrower, sobje(. �4o the o ;graph 17. Br% v:: rs cove ants aria aA _ements s ai: see ioint aril several. Any Borrower who co -signs this Security r s , e ai ate, {ay , y, . c.,r'., :r rument Dtil'yap mortgage, grant and convey that Borrower's interest c E ^u `v Ir +ro re o5iigated to pay the sums secured by this Security Instrument; ! n zinv tiger u may Jre t F J . r , dr`y7ortear or make any accommodations with regard to the terms that Be CcT, s I_. Gharces. t v_;r. s,e -are,; by tr -- Y . unit i is subject to a law which sets maximum loan charges, and that ir, _.-rr -rated So t'r;:' t n.:..., _ ,.� ,r o,r :,r I .. :� :ci � ii _ :r.d o- to be collected in connection with the loan exceed the permitted n ✓ such n ch r <, *.al{ c F re >u e by t nr c csary to reduce the charge to the permitted limit; and (b) any sums a d/ t %ire d from Borrower which exceeded pernic,ec limitS will be refunded to Borrower. Lender may choose to make this refund by rear :.,nr: t'ae t,rinvpa! owed urd, -z; the Noce or by rreking a direct par,, -grit to Borrower. If a refund reduces principal, the reduction will be N E'•� ,i.'t a` r F ..0.. }m. rt L 6,. _ a"•G ,r ;)t °. - ^y - r n c vide rzy I t s_rnent shall be given by delivering it or by mailing it by first u _pphc _ ,c ry , �d i _ of arotli . r ,,,.,! __ shall be directed to the Property Address or any other address 3a ry ar C , gnates by notice, to L der. Any notice to Lender h !! be given to Borrower or Lender when given as provided in this paragraph. ac n rn,t t .:c'• : - , . r :. F:: y. , hl@ s BO'<<' be oovemed by federal law and the law of the jurisdiction in which :c the : - . ,.. , any , ov is o, ., s S e unity instrument or the Note conflicts with applicable law, such of c:= high can be given effect without the conflicting provision. To n Se severable. -e )N` .. .,_Vr _ e ^py of the Note and of this Security Instrument. lt�c ? c a If all or any part of the Property or any interest in it is sold or s_ o n - _ :. s -rowar is not a natural person) without Lender's prior written a: rnz :air : "v crt , _ a Acured by this Security Instrument. However, this option shall c> :cr r � •y� Lend :; is sy - F r ' by rrc I !a `5:= Cate of this Security Instrument. be < er rtk_, this opti:,ri, __.. , sia 4 s B r v.. , c,ia f ;caieration. The notice shall provide a period of not less than 30 days from the .' to the notice ;s do -Fwv ra"i .nr rna ;;sec w;;n'n v,,hich 5or m ,,r n-uct pay all sums secured by this Security Instrument. If Borrower fails to permitted by this Security Instrument without further or owe e c t ,_m c one :itions, Borrower shall have the right to have enforcement of this S !n .rvment d ssontinuea at ur"E tine ,)nor tore , tier of (a) 5 day (or such other period as applicable law may specify for �•, n, nr 'ere A F n rc c r; o in this Security Instrument; or (b) entry of a judgment '?r ,s _ :r:: s :ender all sums which then would be due under this Security of any other covenants or agreements, (c) pays all expenses r r rst , iry , r :; t ! r . ,; , ,,atie a'tomey's fees; and (d) takes such action as Lender may -� -•y r. ;,f li cccu ,, r h hts in the Property and Borrower's obligation to pay the sums f 7 ' U, y m nt by Borrower, this Security Instrument and the obligations c . ad f a ,;! _ _ !we <_, : c. J.: r. e.. 11io-wever, this right to reinstate shall not apply in the case of er I of ice € n e Fye c . c n r� ry c r i , e "ote or partlp! interest in the Note (together with this Security Instrument) may Cl e LO 5 -.; A zeh . a r, ,:'t in a change in the entity (known as the "Loan Servicer") that ,o €' Tncre also may be one or more changes of the Loan Servicer ti r. a,..f _ f tz 71 N, „ Lai.,. S cwer will be given written notice of the change in accordance with acket Pace -1030- OR 12/8/2015 16.€x.8. pamgrs h, %nd L pp!icabie law. T he .noiice will state the narre and address of the new Loan Service, and the address to which payrnents n s—°4 . The notice will also contai : ?ny cther infe-melion required by applicable law. ,ku, ii%�,7-,rdouc Substa nces. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substan es 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 Env;ron— „;�n ",.a! Lava. The preceding two sentences shall not apply to the presence, use; or storage on the Property of small quantities of Hazarco,; stances that are generally re;rog inized :g be appropriate to normal residential uses and to maintenance of the Property. Borrow• €:° ;xia!i rror'npt y pave Lender - written notice for any investigation, claim, demand, lawsuit or other action by any governmental or hula": r icy or private party involving th= Property arx any ; laze oous Substance or Environmental Law of which Borrower has accua! rrsr :.a s' . 'ct;rrroti.:. ova its, o- is V any govern:nenea p regulatory authority, that any removal or other remediation of am Borow :. ha,: promptly take all necessary remedial actions in accordance w",!) As u paragraph 2L, "Haz:'oous .. ......_s those substances defined as toxic or hazardous substances by Environmental Law and the fo!�oving substances: gasoline, kerosene. other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, mat erials containing asbestos or tom aldehyde, and ra iozct,wc r s"nia!s. As used in this pa -agra n 20, "Environmental Law” means federal laws and laws of the jurisdiction where the Property is ra..._,ed th_, r, io has ;tn, s . v o envira . ter, a! a coon. sits Accelertlon; Remedies. Len z, shall ghve notce to Borrower prior to acceleration following Borrower's breach of any covenant or aF ree rent in this Security instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The .not! •• sh al specify: (a) the de`auit; (b, tte ac icn required to cure the default; (c) a date, not less than 30 days from the date the notice is given v v'hkcii the .7l.. 4:e.:!, an: (r; , _, u !,u"€ to cure the default on or before the date specified in the notice may result i, f: , r , .,.. t :_. 3um.. " . v S f,,ircll.iosjre by judicial proceeding and sale of the Property. The notice small ol :ham r; „ iv tilde,_ efer and the right to assert in the foreonsure proceeding rite non - existence of a mnd fo) _.:..-,u °e. I` the default is not cured on or before the o, to specified in ,r:_ notFce, c. .°t,: ir fill of &N su ... _ curec oy this Security Instrument without further deranu may; -h:v t e entitled to coiieot aII s>:psnses incurred in our ui, -, the m_d ". ,.....a � .. �,. ,r -'n..; , - „.:,: �,�a:,'r� aftomey's fees and costs of the title evidence. , oy t ;security !nstrurnent, Lender shall release this Security Instrument. ve! ncut CN1 Ise, iG t 7 "t vier. E��ncvrer ail pay any recordatior. ' ltornrrz' Fees. As user hn ,his Sa, -,writ” ir. ;fn:ment and the Note, "attorneys' fees" shall include any attorneys' fees awarded by .V er r;;? ;.:. ono g- more ri„e.,s sire executed by Borrower and recorded together with this Secuyzty the c, venom n:: Zr 'd c ,lent crag`, s rider shat: be incomporated into and shall amend and supplement the covenants and agreement: of this Security Instrument as if the- riders) v +r, :re S -art of this Security Instrument. (Check Applicable Box) ❑ Condominium Rider ❑ econd Hone hider -�, _- r I n eju Unit Do rient Ricer _ 4 G .t . ELC'FV, B r v c ac _pt., ..; d c. :: 4o tr, to .._ a d 4ov n ;tscetttamed m x! is Securty Instrument and in any r:dor(s) executed by Borrower and recorded with, it � Sin,ilc lea a a ate e i p e 4 t r I � �%p curry ve c` ama� Ta lie- 1 r Yi : Ur .,i_ : ;u— :ideYs :°20' :'S Della Drive COUNTY OF COL UER rlcri-da. d , , 8 t hor,z_o in the state aforesaid and in the county seed: "., 'take dais < j <_merr" , pc . :...I : ; .. e- .... , . „i.- t:. gain to be the per =son(s) described in and who executed She foregoing _ the same to, the purpose therein expressed. z G b t Siyr •re A c:Name r€ f >,Vlk r t 14 DILLON CC'IRMSIM" f DD 555340 < EXPIRES: August fake (tiy ;0 , No 11 2010 Barwee'hu Fc: Fio� Buegel Navy S Micec 1 C l Ciago rile ?C'.rviccl,ink i tiviSlon IrOUSlr :a I Blvd n fi'r !MiCl;uirma, PA I <001 ,. *** OR: 444 12/8/2015 16.D.8. Exhibit "A" Legai Description All that certain parcel of land situate in the County of Collier and State of Florida being known as the North 82.5 feet of the South 825 feet of the West 1/2 of Tract 21, Section 24, Tolvvnship 49 South., Range 26 East, recorded ir Piat Book 4., Page 34, of the Public Records of Collier County Florida, (subject however, to an access easement over, along and across the East 30 feet thereof) Parcel 23. Tax ID: 61733480004 1L 4/ V711 P, V Packet Page -1032- Ln Ln m m Ln Ln Ln Ln Ln Ln Ln °' 0 0 0 Cl 0 0 0 0 0 0 0 LO N N N N N N N N N N N 00 0 ri N N N N N N 1-4 1 r 4 e �-L � at fT 01 LT a) a) at a) O O O 0 0 0 0 0 0 0 0 0 0 0 0 U O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 V O LOf) " N O N Lr O 00 0 C I' N Ln N N M Ln m M N M V1 ri Q O U R M ri m O N N N Ln LD M M Co w o- r- n F, F, Ln ° Ln LD 0) N N Ln Ln Ln Ln N N N ri ri N N N N N N M M. 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LD M M ri a--I c-L ri. r-I c-I c-I ri ri ri c-I N N N N M MM MM' M M M M M M ri ri ri ri ri ri ri ri ri r-I ri a) m Packet Page -1033- 12/8/2015 16.D.8. 0 NN00 O O O O O O m N N N W 00 t]0 O N O O Ol 1� l0 >. O Cl 00 00 i