Agenda 05/13/2014 Item #16D12 5/13/2014 16.D.12.
EXECUTIVE SUMMARY
Recommendation to approve two mortgage satisfactions for the State Housing Initiatives
Partnership(SHIP) loan in the combined amount of$36,750.
OBJECTIVE: To support the affordability of housing in Collier County through down payment and
emergency repair and/or rehabilitation assistance programs.
CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable
housing program, offers assistance to first time homebuyers for use toward a portion of the required down
payment and emergency repairs to the newly acquired home. 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
09-171 John E. SHIP Second $3,000 $3,000 OR Book 4514 PG
Samuelson, Jr. Mortgage 712
Jean Marie Zeller SHIP Second $33,750 $33,750 OR Book 4037 PG
05-050 and Norman D Mortgage 0103
Zeller
Total $36,750 $36,750
Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of mortgages
and the executed documents shall be recorded in the Public Records of Collier County, Florida.
FISCAL IMPACT: The repaid amount of $36,750 is considered program income and has been
deposited in SHIP Grant fund 791, project 33258. Such funds may be reused for eligible SHIP program
activities. The $10 recording fee will be paid by the borrowers.
LEGAL CONSIDERATIONS: This item is approved for form and requires a majority vote for Board
action.—JAB
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chairman to sign two mortgage satisfactions for owner-occupied affordable housing units for which
repayment in full has been provided to Collier County.
Prepared By: Mandy Moody, Grant Support Specialist, Department of Housing, Human and Veteran
Services
•
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5/13/2014 16.D.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.12.
Item Summary: Recommendation to approve two mortgage satisfactions for the State
Housing Initiatives Partnership (SHIP) loan in the combined amount of$36,750.
Meeting Date: 5/13/2014
Prepared By
Name: MoodyMandy
Title: VALUE MISSING
4/17/2014 2:02:44 PM
Submitted by
Title: VALUE MISSING
Name: MoodyMandy
4/17/2014 2:02:46 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 4/23/2014 4:49:30 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 4/24/2014 10:56:14 AM
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation,Housing, Human &Veteran Services
Date: 4/25/2014 12:00:03 PM
Name: GrantKimberley
Title: Director-Housing, Human and Veteran S, Housing,Human&Veteran Services
Date: 4/25/2014 12:38:18 PM
Name: CarnellSteve
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5/13/2014 16.D.12.
Title: Administrator-Public Services, Public Services Division
Date: 4/27/2014 3:49:44 PM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 4/29/2014 9:05:12 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/29/2014 9:27:32 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering& Construction Management
Date: 4/29/2014 11:33:05 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 4/29/2014 1:28:09 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/29/2014 3:42:20 PM
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5/13/2014 16.D.12.
Prepared by:Mandy Moody
Collier County
Housing,Human&Veteran 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 Jean Marie Zeller and Norman D. Zeller to COLLIER COUNTY, recorded on
05/15/2006 in Official Records Book 4037 Page 0103 of the Public Records of Collier County, Florida,
securing a principal sum of$33,750.00 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 -
, 2014,Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,CLERK OF COLLIER COUNTY,FLORIDA
By: By:
,DEPUTY CLERK TOM HENNING,CHAIRMAN
Approval for form and legality:
Jennifer A. Belpedio
Assistant County Attorney t„o\.. --
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5/13/2014 16.D.12.
Prepared by:Mandy Moody
Collier County
Housing.human&Veteran 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 John E. Samuelson to COLLIER COUNTY, recorded on 12/02/09 in Official
Records Book 4514,Page 712,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 -
, 2014, Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY,FLORIDA
By: By:
,DEPUTY CLERK TOM HENNING,CHAIRMAN
Approval for form and legality:
w, � ..> ..=s
Jennifer A, Belpedio ice'
Assistant County Attorne
Packet Page-1180-
Retn: 3838629 0R; 4037 PG: 0103 5/13/2014 16.D.12.
FIRST BOSTOI TITLE RECORDED in the OFTICIAL RECORDS of COLLIER COUNTY, PL GELD 33150.00
PICK UP I 05/15/2006 at 10:19AN DWIGHT B. BROCK, CLUE REC FIB 21.00
SECOND MORTGAGE DOC-.35 113.30
Please return to FIRST BOSTON TITLE
2180 Immokalee Road Suite 212
Naples,FL 34110
THIS SECOND MORTGAGE("Security Instrument")is given on May ,2006. The Second Mortgagor is:
Jean Marie Zeller,A Married Person joined by Norman D.Zeller,her spouse
("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under
the laws of the United Stales of America,and whose address is 2800 North Horseshoe Drive, #400, Naples,
Florida 34014 . Borrower owes Lender the sum of Thirty-Three Thousand Seven Hundred Fifty and
No/100the Dollars(U.S.S 33,750.00). 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 los a 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 Unit J-104,Woodmere Lake Club,A Condominium,of Collier County,Florida and which has the
address of:
("Property Address"): 5796 Woodmere Lake Circle, NJ-104, Naples, Florida 34112
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents,
royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by the Security Instrument. All of the foregoing Is referred to in this Security Instrument as the"Property".
BORROWER COVENANTS that Borrower Is lawfully seized_ef the estate hereby conveyed and has the right to mortgage,grant and
convey the Property and that the Properly Is unencumbered ex t f oyyyrrbbra s of record. Borrower warrants and will defend generally
the title to the Property against all claims and demandel, `a�i (record.
THIS SECURITY INSTRUMENT combines Hants for na to' 1 je a d non-uniform covenants with limited variation by
jurisdiction to constitute a uniform security instrume t{ eal property.
UNIFORM COVENANTS. Borrower and'Leg nant and agree as folio
1. Payment of Principal and interes,Pre a�ineni an3∎Late.Ctrerp s. Barr wer all promptly pay when due the principal of and
interest on the debt evidenced by the Note.
2. Taxes. The Mortgagor will pay al taxe ,asses rr pn.,,,del •cr r-water es p for to the accrual of any penalties or interest
thereon. r
The Mortgagor shall pay or cause to be p id, s the sa sap-die-y e m' du ,(A)1)all taxes and governmental charges of any
kind whatsoever which may at any time be la ull ssesssed d dg:i or wit re pe rla,t Property,(2)all utility and other charges,
including"service charges",incurred or impos th op rati rr-mltin . us , t( .y/upkeep and improvement of the Property,and
(3)all assessments or other governmental cha ej,t at may lawfully be paid i ¢jtstall enter ov r a period of years,the Mortgagor shall be
obligated under the Mortgage to pay or cause t bbl\7,id only such installments :art regui,f o be paid during the term of the Mortgage,and
chat,promptly after the payment of any of the fo gej�An forward to Mortgagee e((,,''k�je cgs Asy h payment.
3. Application of Payments. Unless a R'T'(cab law provides otherwise, pa)mcs ants received by Lender shall be applied;first,to
interest due;and,to principal due;and last,to any lateAe ee.due under the N te:1`1,,,
4. Charges;Liens. Borrower shall pay all tin,'as ee) ents,th r e&il e and impositions attributable to the Property which may
attain priority over this Security Instrument,and leasehold pay r CO tits;if any. Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this paragraph,and all recei tsevidencinghe payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against
enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from
the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
6. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to
maintain coverage described above.Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Properly in accordance
with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such
risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against toss 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 tun 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 toss 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 I or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Properly prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
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 dale 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
,...?2,744,...?2,7440..Packet Page -1181- 4
OR: 4037 PG: p. 5/13/2014 16.D.12.
judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security
interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed
with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower.during the
loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material
information)In connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy
of the Property as a principal residence. If this Security Instrument Is on a leasehold,Borrower shall comply with all the provision of the lease.
If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower falls to perform the covenants and agreements contained in this
Security Instrument,or there is a legal proceeding that may significantly affect Lenders rights in the Property(such as a proceeding in
bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to
protect the value of the Properly 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 data 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 It for any reason,the mortgage insurance
coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially
equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance
previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not
available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by
Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve
In lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage Insurance coverage(in
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance In effect,or to provide a loss reserve,until the requirement for
mortgage Insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection, Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation
or other taking of any part of the Property,or for conveyance In lieu of condemnation,are hereby assigned and shalt 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 sump-4 E ri m diately before the taking,divided by(b)the fair market value
of the Property immediately before the taking. Any balance"'d1, aisho In the event of a partial taking of the Property in which
the fair market value of the Property immediately befo tt�herliiess liiarrl Ai of the sums secured immediately for the taking,
unless Borrower and Lender otherwise agree in wriyri -dr- rriess applicable law oIhe I rovides,the proceeds shall be applied to the sums
secured by this Security Instrument whether or not'th s are then due. Unless Le der ark Borrower otherwise agree in writing,any
application of proceeds to principal shall not ext fid or oetpone-t due date o the mont ly p meets referred to In paragraphs 1 or change
the amount of such payments. td_
11. Borrower Not Released,Forbe ran a By L nde�J�etarM1faiver.xtensio.of th time for payment or modification of
amortization of the sums secured by this Sec it t tr[t15 aj rl :n•s}� sso in interest of Borrower shall not operate to
release the liability of the original Borrower or orr e u ssor in i e t ,eery h:I not be required to commence proceedings
against any successor In interest or refuse to xten ti e ay t�r t rwise rod fy a •rti ation of the sums secured by this Security
Instrument by reason of any demand made b thel,, orro�of B rs a : :.moo a.4,0' terest. Any forbearance by Lender in
exercising any right or remedy shall not be a 'l'e'er f or preclude the exerci fp f any fight•tje edy.
12. Successors and Assigns Been ;, ai t and Several Uabitltng(o-SI.ners.^'T covenants and agreements of this Security
Instrument shall bind and benefit the successors sslgns of Lender and Bouvet;s5rltl o the
Provisions of paragraph 17. Borrower's covenant d agrreements shall be joint a of/pi/val. Any Borrower who co-signs this Security
Instrument but does not execute the Note;(a)is co- r(Inggytii Security Instrume onty„try/nortgage,grant and convey that Borrower's interest
in the Property under the terms of this Security Instru ey (by-jct�motr ap�ereanall ob galed'to pay the sums secured by this Security Instrument
and(c)agrees that Lender and any other Borrower may agreee/iMynstmeiltb ferbear or make any accommodations with regard to the terms "
of this Security Instrument or the Note without that Borrowers-tonsert -
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 shalt 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;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which
the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To
this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial interest In Borrower, If all or any part of the Property or any interest in it is sold or
transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written
consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall
not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercised this option,Lender shall give 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 Gen of this Security Instrument,Lenders rights in the Property and Borrowers obligation to pay the sums
secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations
secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of
acceleration under paragraph 17.
19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may
be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that
collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer
unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with✓
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*** OR: 4037 PG: UiVJ ---
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 Properly. 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 Properly 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 shalt 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,safely or environmental protection.
21. Acceleration;Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant
or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The
notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given
to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result
in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a
default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,
Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence.
22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without
charge,to Borrower. Borrower shall pay any recordation costs,
23. Attorneys'Fees, As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by
an appellate court.
24. Riders to this Security Instrument, If one or more riders are executed by Borrower and recorded together with this Security
Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and
agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box)
•
0 Adjustable Rate Rider LI Rate Improvement Rider 0 Condominium Rider
0 Graduated Payment Rider 0 1-4 Family Rider ,., [3 Second Home Rider
�'t'�1
0 Balloon Rider ❑Biweekly Payrpefit Ri t PJ�nenil Development Rider
0 Other(s)(specify r(`f�% r 11d
SIGNING BELOW,Borrower accepts and agre to tl>e ternrTs- aovenaets_goVained I this ecurity Instrument and in any rider(s)executed
by Borrower and recorded with it. -.�
Signed,sealed and delivered in the presence•f: \I _ ~ •
Wit ess#1 _ar c✓ is 1 clu S ..d ��f
�- C orrow C Je-'•T_ • wile a individually
Signature:
STEPHANIE J. NYCE {�
!mac r�i��J
Witness#2' � Signature: �,,,� "-�-'u° •
h zie Zeller., as Guardian
Signature: .�)4a�//,� �L_ 0 ,�fbrf�grftk'n D.Zeller,Ward'
�� "Fri r -Q i`11)4 mestead waiver purposes
~`r-
Address: 5796 Woodmere Lake Circle, NJ-104
Naples, Florida 34112
STATE OF FLORIDA
COUNTY OF edit'r."
t 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 Jean Marie Zeller,individually and as Guardian for Norman O.Zeller,Ward to me known to be
the persons)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for
the purpose therein expressed. QUA
WITNESS my hand and official seal in the County and State,i resai!this f) day of J� at .20641'.
My Commission Expires: /l—)7--a 06 67 II I • iffs
Notary• blic's Signatur
(Seal) IE J. NYC,
Notary's Printed Name
,5'x,., Stephanie J Nyce
•V.,I `••My Commission 001657o5
V.,.1' Expires November 17 2005
File#: 05-050
Packet Page -1183-
INSTR 4368267 OR 4514 PG 712 RECORDED 12/2/2009 8:33 AM PAGES 3 5/13/2014 16.D 12
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $27.00
oBLD MOO ORLI SO.00
SECOND MORTGAGE
THIS SECOND MORTGAGE("Security Instrument")Is given on 24 day of el C`J• ,2009. The Second Mortgagor is:
John E.Samuelson Jr.,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. Tamia ni Trail, Naples, Florida 34112 .
Borrower owes Lender the sum of Three Thousand and 00/100 Dollars (53,000.00). This debt is evidenced by
Borrowers Note dated the same data as this Security Instrument("Second Mortgage"),which provides for monthly payments.with the full debt,
if not paid earlier,due and payable on gale 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 Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower does hereby second mortgage,grant and convey to Lender the following described property located In Collier County,Florida.
As more particularly described as Golden Gate Estates,Unit ES E 75FT OF Tract 35,Collier County,Florida and which has the address of:
("Property Address"): 3340 35th Avenue NE, Naples, FL 34120
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,exc ptfor-encumbrances of record. Borrower warrants and will defend generally
the title to the Property against all claims and demands,subvert t[�q eeprr)��+�trces of record.
P Y 9 re rrrecdv�rants-T eneetiee
THIS SECURITY INSTRUMENT combines u co o ! s and non-uniform covenants with limited variation by
jurisdiction to constitute a uniform security instrume, ,oo rim real property.
UNIFORM COVENANTS. Borrower and't¢,n, (covenant and agree;;'?eiripetse
1, Payment of Principal and Interes;Pre enLfl d[1d Late Charges. Morrowe shall promptly pay when due the principal of and
interest on the debt evidenced by the Note. \t
2, Taxes.The Mortgagor wit pay a tax ,assess�'1ir b ts,server rem or water ales nor to the accrual of any penalties or interest
thereon. r1 \
The Mortgagor shall pay or cause t be .id as -s m r-. 413 1 d e,( (1)all taxes and governmental charges of any
kind whatsoever which may at any time be la ull as esse•o Is ed: ai sate p to Ill he Property,(2)all utility and other charges,
including"service charges",incurred or impo tie h-•.' ,I ' -Len ce,u ,o0cu in ,upkeep and improvement of the Property,and
(3)all assessments or other governmental ch tee the may la u y be par ins a ent der0 a period of years,the Mortgagor shall be
obligated under the Mortgage to pay or cause aid only such installmen s ar re jays o be paid during the term of the Mortgage,and
shall,promptly after the payment of any of the - g,forward to Mortgage id qf' it payment.
3. Application of Payments. Unless a le law provides othemes Ai teen is received by Lender shall be applied;first,to
interest due;and,to principal due;and last,to and to a(tges due under the Notfg
4. Charges;Liens. Borrower shall pay a ass ssments,ch cg setip and Impositions attributable to the Property which may
attain priority over this Security Instrument,and leasehbl pa rE9p9lyltf�d r,ejnrt el any. Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this paragraph,and all r t-ev drorrtglhipaymenls.
Borrower shall promptly discharge any lien which has pnonfy his Security Instrument unless Borrower.(a)agrees In writing to
the payment of the obligation secured by the lien in a mariner acceptable to Lender,(b)contests in good faith the hen by,or defends against
enforcement or 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 with Lender
requires insurance. This insurance shalt be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shalt be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to
maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lenders rights In the Property in accordance
with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain Insurance with respect to the Premises against such
risks and for such amounts as are customarily Insured against and pay,as the same become due and payable,all premiums in respect thereto,
including,but not limited to,at-risk insurance protecting the interests of the Mortgagor and Mortgagee against toss or damage to the Premises
by fire,lightning,and other casualties customarily Insured against(Including boiler explosion,if appropriate),with a uniform standard extended
coverage endorsement,including debris removal coverage. Such insurance at all times to be In an amount not less than the full replacement
cost of the Premises,exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss If not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property
damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not
economically feasible or Lender's security would be lessened,the Insurance proceeds shall be applied to the sums secured by the Security
Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period
will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to In paragraph 1 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender,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.
G. 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 far 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
fudgment 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 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 nr I enders security Interest. Borrower shall also be in era It- orrower,during the
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loan application process,gave materially false or Inaccurate Information or statements to Lender or failed to provide Lender with any material
information)In connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrowers occupancy
of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease.
If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing.
7. Protection of Lenders Rights in the Property, If Borrower fails to perform the covenants and agreements contained in this
Security Instrument,or there is a legal proceeding that may significantly affect Lenders rights In the Property(such as a proceeding in
bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to
protect the value of the Property and Lender's rights in the Property, Lenders actions may Include paying any sums secured by a lien which
has priority over this Security Instrument,appearing In court,paying reasonable attomeys'fees and entering on the Property to make repairs.
Although Lender may take action under this paragraph 7,Lander does not have to do so.Any amounts disbursed by Lender under this
paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms
of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice
from Lender to Borrower requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance In effect. if,for any reason,the mortgage insurance
coverage required by Lender lapses or ceases to be in effect.Borrower shall pay the premiums required to obtain coverage substantially
equivalent to the mortgage Insurance previously In effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance
previously in effect.from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not
available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by -
Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve
in lieu of mortgage Insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage Insurance coverage(in
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained,
Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for
mortgage Insurance ends In accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation.The proceeds of any award or claim for damages,direct or consequential,In connection with any condemnation
or other taking of any part of the Property,or for conveyance In lieu of condemnation,are hereby assigned and shall be paid to Lender. In the
event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,
with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property Immediately
before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless
Borrower and Lender otherwise agree In writing,the sums secured by this Security Instrument shalt be reduced by the amount of the proceeds
multiplied by the following fraction:(a)the total amount of the s ss.eeeured mmediatety before the taking,divided by(b)the fair market value
of the Property immediately before the taking. Any baler�-sh I ar war. In the event of a partial taking of the Property In which
the fair market value of the Property immediately befogs tqe k is ss l tl g r otrnt of the sums secured immediately for the taking,
unless Borrower and Lender otherwise agree in wriyrt o(�l bn'l�s applicable law'bt a i ,provides,the proceeds shall be applied to the sums
secured by this Security Instrument whether or minks Ks are then due. Unless et§d Borrower otherwise agree In writing,any
application of proceeds to principal shall not ext rd or ps e due date of the mo•thly yments referred to In paragraphs 1 or change
the amount of such payments. irr-,,,
11. Borrower Not Released,Forb aran, e By Letd 1(p Waiver. Extensi• of t e time for payment or modification of
amortization of the sums secured by this Sec rity I f,,,888 dddddd bbbbbb err • - i •e .ss r in interest of Borrower shall not operate to
release the liability of the original Borrower o Bo s s dce so I I st)� n••. -h:l1 no be required to commence proceedings
against any successor in interest or refuse t exte a fo m nt o erWis-� i .rport ation of the sums secured by this Security
instrument by reason of any demand made b pg. lyr Adr,� y Bo errs_ s•min nterest.Any forbearance by Lender in
exercising any right or remedy shall not be a hie o or precl a tthe exert of an ngh c? edy.
12. Successors and Assigns Bou 'nt and Several WWII oSI ne)s,,, a covenants and agreements of this Security
instrument shall bind and benefit the successo p ssigns of Lender and B w ,gu o the
Provisions of paragraph 17. Borrowers covens grements shall be jolt Je .Any Borrower who co-signs this Security
Instrument but does not execute the Note;(a)is igpi this Security Instrumentyltyld engage,grant and convey that Borrower's interest
in the Property under the terms of this Security f nst e (b persona y-o ti t o pay the sums secured by this Security Instrument;
and(c)agrees that Lender and any other Borrower may'ag,re en„reedit. r ar or make any accommodations with regard to the terms
of this Security Instrument or the Note without that Borrowers - ,�
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(h)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;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 law,such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To
this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or
transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written
consent,Lender may,at its option,require immediate payment In full of all sums secured by this Security Instrument. However,this option shall
not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercised this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not Less than 30 days
from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this
Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for
reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses
incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees:and(d)takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums
secured by this Security instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations
secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of
acceleration under paragraph 17.
19.Sate 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 wilt 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 i violation of any
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•
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 Properly is necessary,Borrower shall promptly lake 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)e 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 at 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'fees"shall Include any attorneys'fees awarded by
an appellate court.
24.Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security
Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and
agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument (Check Applicable Box)
❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider
❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider
❑Balloon Rider p
❑ Biweekly Payment Cue _need Unit Development ment Rider
Other(s)(specify ,! `y •SIGNING BELOW,Borrower accepts and agre .tot a Jerms-an covenants contain 'n thi Security Instrument and in any rider(s)executed
by Borrower and recorded with it. )rye
Signed,sealed•.•delivered in the presence•L
Witness# °� �• (��t'-t • 1 $tg&r t �S..�i, 'on , !/
/ / !� _B4 J•,'r( E rcuel Jr
Signatur• / �i
Witness#2: Signature?• /•
• a pi „, • 1 r Co-Borrower' t.J
Signature: s� /
< re3'.� 40,350° Avenue NE
`�—• l4aaplee, Florida 34120
STATE OF FLORIDA
COUNTY OF COLLIER
I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take
acknowledgements,personally appeared John E.Samuelson Jr.tome 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 `I day of a° ,20 01.
My Commission Expires: ' (l
ublic's Signature
(Seal) DR . LICENST 'tit. p..1,)!) F Tr ii'i TII
Notary's Pnniect Nene NtriXltfP1181SCSTptEpF£(ORIDA
J Ralph E.Mlils,III
Cocymisston k DIM8081
,p(ter on 26 2011
m.�v Att+srstc amrom caul.
Fite#!: 09471
•
Packet Page-1186-
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