Loading...
Agenda 06/24/2014 Item #16D 66/24/2014 16.D.6. EXECUTIVE SUMMARY Recommendation to approve four satisfactions of mortgage for owner- occupied affordable housing units that have satisfied the terms of assistance for Collier County HOME Investment Partnership Program. OBJECTIVE: To provide affordable houses to citizens in Collier County. CONSIDERATIONS: Collier County offers assistance to individuals to make repairs to owner - occupied housing units through state and federal grants, such as the federal HOME Investment Partnership Program (HOME). In conformance with the requirements of HOME, contained in 24 CFR 92.254, homeowners receiving grant funds not exceeding $15,000 must meet affordability requirements for five years. If property is occupied as the principal residence during the initial five year period, the assistance provided is forgiven. The following table details four clients who have fulfilled the obligations of the HOME assistance provided and are entitled to a satisfaction of mortgage. Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of mortgage and the executed documents shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: No fiscal impact is associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board approval. - JAB STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign four satisfactions of mortgage for owner - occupied affordable housing units that have satisfied the terms of assistance. PREPARED BY: Mandy Moody, Grant Support Specialist, Housing, Human and Veteran Services Packet Page -1221- Date Date Assistance Loan Amount Name(s) Address Assistance Forgiven being Satisfied Provided Luben Christoff 244 Pebble Beach Cir. B- 03/11/2009 03/11/2014 $10,427 201 Naples, FL 34113 Lozano, Miguel 710 New Market Rd. W. 03/25/2009 03/25/2014 $14,777 & Maria Immokalee, FL 34142 Mary McCoy 103A Bobolink Way 04/09/2009 04/09/2014 $9,935 Naples, FL 34105 Martha Doniaz 940 Auto Ranch Road 06/04/2009 06/04/2014 $14,023 Naples, FL 34113 Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of mortgage and the executed documents shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: No fiscal impact is associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board approval. - JAB STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign four satisfactions of mortgage for owner - occupied affordable housing units that have satisfied the terms of assistance. PREPARED BY: Mandy Moody, Grant Support Specialist, Housing, Human and Veteran Services Packet Page -1221- 6/24/2014 16. D .6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.6. Item Summary: Recommendation to approve four satisfactions of mortgage for owner - occupied affordable housing units that have satisfied the terms of assistance for Collier County HOME Investment Partnership Program. Meeting Date: 6/24/2014 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Housing, Human & Veteran Services 5/29/2014 1:30:57 PM Submitted by Title: Grants Support Specialist, Housing, Human & Veteran Services Name: MoodyMandy 5/29/2014 1:30:58 PM Approved By Name: MesaNancv Title: Accountant, Housing, Human & Veteran Services Date: 5/30/2014 8:22:14 AM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 6/2/2014 12:04:05 PM Name: Bendisa Marku Title: Supervisor - Accounting, Housing, Human & Veteran Services Date: 6/3/2014 4:07:19 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services Date: 6/4/2014 6:25:31 PM Packet Page -1222- 6/24/2014 16.D.6. Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 6/5/2014 9:34:51 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 6/6/2014 11:57:09 AM Name: DoriaPriscilla Title: Grants Coordinator, Housing, Human & Veteran Services Date: 6/9/2014 9:15:17 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 6/9/2014 11:29:45 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 6/10/2014 8:19:52 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/10/2014 2:31:01 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 6/11/2014 10:21:53 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 6/12/2014 4:29:25 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/13/2014 11:28:08 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 6/16/2014 8:25:34 AM Packet Page -1223- 6/24/2014 16.D.6. Prepared by. Mandy Moody Collier County Housing, Human 8: 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 Mary McCoy to COLLIER COUNTY, recorded on 01/07/2013 in Official Records Book 4873, Page 2119, of the Public Records of Collier County, Florida, securing a principal sum of $9,935.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges 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: DWIGHT E. BROCK, CLERI{ By: DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio 4<1 Assistant County Attorney ``� BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 0 TOM HENNING, CHAIRMAN Packet Page -1224- Prepared by: Mandy Moody Collier County Housing, Eiuman & Vetcran Services 3339 E. Tamiami Trail Naples, FL 34112 SATISFACTION OF MORTGAGE 6/24/2014 16.D.6. THIS SPACE FOR RECORDING KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34122, the owner(s) and holder(s) of a certain Mortgage executed by Luben Christoff to COLLIER COUNTY, recorded on 03/17/2009 in Official Records Book 4435, Page 3055, of the Public Records of Collier County, Florida, securing 'a principal sum of $10,427.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage, COLLIER COUNTY hereby acknowledges 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 10 2014, 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: M. TOM HENNING, CHAIRMAN Packet Page -1225- 6/24/2014 16.D.6. 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 Martha Doniaz to COLLIER COUNTY, recorded on 06/10 /2009 in Official Records Book 4460, Page 3906, of the Public Records of Collier County, Florida, securing a principal sum of $14,023.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges 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 0 , 2014, Agenda Item Number , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA wa TOM HENNING, CHAIRMAN Packet Page -1226- 0 Prepared by: Mandy Moody Collier County liousing, 1-tuman & Veteran Services 3339 E. 'rarniami Trail Naples, FL 34112 SATISFACTION OF MORTGAGE 6/24/2014 16.D.6. THIS SPACE FOR RECORDING 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 Miguel Lozano and Maria Lozano to COLLIER COUNTY, recorded on 03/2712009 in Official Records Book 4438, Page 4003, of the Public Records of Collier County, Florida, securing a principal sum of $14,777.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges 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, CLERIC OF COLLIER COUNTY, FLORIDA By. By: DEPUTY CLERK TOM HENNING, CHAIRMAN Approval for form and legality: Jennifer A. Belpedio' Assistant County Attorney � ,A1D Packet Page -1227- INSTR 4784083 OR 4873 PG 2119 RECORDED 1/7/2013 2:27 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.35 $35.00 REC $44.00 OBLD $9,935.00 Project Number 10!O 8-09-018 MORTGAGE THIS MORTGAGE ("Security Instrument") is given on_�__day o e Mortgagor is: Mary C McCoy, a single woman 6/24/2014 16.D.6. ( "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 E E yS 3339 E. Tamiami Trail Suite 211, Naples, Florida 34112. Borrower owes Lender the sum of Nine Thousand Nine Hundred Thirty Five Dollars and 00 /100 ($9,935.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument (" Mortgage "), which provides for the full debt, if not paid earlier, due and payable on transfer of title, sale of property, refinance, or loss of homestead exemption. This Mortgage will be forgiven at the five (6th) year anniversary date of mortgage. This Security Instrument secures to Lender -�eRa, ant of the debt evidenced by the mortgage, and all renewals, extensions and modifications; (b) the pair tt�i ;under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrowers -o1► ri 9g�is�inc)erthis Security Instrument and the Mortgage For this purpose, Borrower does hereby, convey tur�rfe following d ou(ir fpFbparty located in Collier County, Florida. More particularly described as:' 7►partmaat Nod 3 -71, of xJ1PL7w3 S tidomkiniu D, a coadoaiaium r acoo„ t -�71 ! d tiro► ghsreof as recorded 11Z 69 t goo IL 9 64 �s84`i through 1532, iaclu ivo d a■ ■ quwit o.{ o th }a Public Records of toll r Co .1 71 a Address: 103A Soboli y Naples, FL 34 5 Folio# �i0 320002' , TOGETHER WITH all the improv or hereafter - ere6 e ion the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and rig pro �teMt`s and stock and all fixtures now or hereafter a part of the property. The Security Instrument shall also co Ice a nd additions. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seized of the property described above, and has the right to mortgage, the Property and that the Property is unencumbered, except f 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. TERMS: The Borrower) of this Mortgage have been granted a `Deferred Repayment Loan,' the terms of which are intended to ensure that any Home Investment Partnership Act (HOME) funds utilized to facilitate the rehabilitation of this Property are recaptured and utilized to assist another lower- income home owner with rehabilitation unless the affordability requirements are met The terms of this Mortgage do not require that payments be made as long as the makers comply with the following conditions and provisions: Borrower shall occupy the Property as their principal residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first -year occupancy and annually until the end of the Five -year amortization period. Such proof shall include: proof of homestead exemption, copies of paid receipts for taxes and insurance, and copies of insurance certificates for owner- occupied Property listing Collier County as Mortgage Holder. If the Borrower fails to provide sufficient proof of occupancy in a timely manner, the Lender may contract with an independent title company to perform the necessary title re- certification, the cost of which will be added to the principal amount of this Mortgage. Page 1 of 5 Packet Page -1228- OR 4873 PG 2120 6/24/2014 16.D.6. In the event the Borrower cease principal occupancy, transfer, sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization, then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the Indebtedness secured by this Mortgage. The Lenderpriorto granting approval shall review the proposed refinancing in orderto ensure that there will be sufficient equity afterthe proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives, postpones, extends, reduces or modifies any provisions of the First Note or the First Mortgage, including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer, assign, sell or in any manner dispose of all or a portion of the Property, which is subject to this Mortgage priorto fulfilling this agreement and the end of the amortization period. Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period, according to an amortization schedule based on the anniversary date of the date the mortgage was recorded. The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair - market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure, repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s) priorto expiration of the, affordability period has been attained, all of the debt will be forgiven. 2. Taxes. The Mortgagor will pay all taxes, assessments, sewer rents or water rates priorto the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid arseiespeCtively become due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at an bb ly(asleJevied against orwith respectto the Property, (2) all utility and other charges, including "service cha+�y orur► eration, maintenance, use, occupancy, upkeep and improvement of the Property, and (3) all nts or other govern al — as that may lawfully be paid in installments over a period of years, the Mortgagor shat}tebtS ' ated underthe Mortgage to by or'eause to be paid only such installments as are required to be paid during the term oj�the M shall, prom tly after a payment of any of the foregoing, forward to Mortgagee evidence of such payment �/ / \ 3. Application of Payment)§. U! ass applica I rovides thervuis all payments received by Lender shall be applied; first, to principal due; and las to a' o 4. Charges; Liens. Borojver all pay I e , ag s e c e , fines and impositions attributable to the Property, which may attain priority ov this a rity strum nt�fa d seh it p ymegts it ground rents, if any. Borrower shall promptly furnish to Lender all notices 19'0 'nder is pa h, II receipts evidencing the payments. Borrower shall promptly discharge any itt'vithich has priority over this curity'instru nless Borrower. (a) agrees in writing to the payment of the obligation secured lien in a manner accep I to �en contests in good faith the lien by, or defends against enforcement of the lien I proceedings which in nc)er's/ tin operate to prevent the enforcement of the lien; or (c) secures from the holder n an agreement sa'sf ' e 'r subordinating the lien to this Security Instrument. If Lender determines that an ` r o a Property is subject t a , hich may attain priority over the Security Instrument, Lender may give Borrower a no bra the lien. B I satisfy the lien or take one or more of the actions set forth above within 10 days of the I ce?if �, ? S. Hazard or Property Insurance. Bona s k ep ovements now existing or hereafter erected on the Property insured against loss by fire, hazards included within 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 Mortgage 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 rightto 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 orto 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 priorto the acquisition. Page 2 of 5 Packet Page -1229- OR 4873 PG 2121 6/24/2014 16.D.6. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least the affordability period r after the date of occupancy, unless Lender otherwise agrees In writing, which consent shalt not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy damage or impairthe Property, allows the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (orfailed to provide Lenderwith any material Information) in connection with the loan evidenced by the Mortgage, Including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. if this Security Instrument is on leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation orforfebre orto 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 attomeys' fees and entering on the Property to make r Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disburse Lei 'wag ph 7 shall become additional debt of Borrower secured by this Security Instrument P 8. Mortgage Insurance. If Lend e d mortgage insuran is ndition of making the loan secured by this Security Instrument, Borrower shall pay thW jdms required to maintain the rtga`tte insurance in effect if, foranyreason, the mortgage insurance coverage required 0 Len ceases to be in effe Bo wer shall pay the premiums required to obtain coverage substantially equivalenzto thh mo ins i°dM1t spr orrsly in eff , at cost substantially equivalentto the cost to Borrower of the mortgage insurancekrevi usty in effe f Bite ma{>r mortgage insiVer approved by Lender. If substantially equivalent mortgage insurance cove a i b r eadh month a sum equal to one - twelfth of the yearly mortgage insurance pram b g aid B e h th i u e ve�age lapsed or ceased to be in effect. Lender will accept, use and retain the . pa a is as a to s s" i , u of o ag' insurance. Loss reserve payments may no longer be required, at the option of Ler%k i o e�¢ ge (i th rn mt �nd for the period that Lender requires) provided by an insurer approved by Le der gain ecomes availab a is ob rned. /B�dwershall pay the premiums required to maintain mortgage insurance in effe r Ito provide a loss reserve, ntil a r 'ireynent for mortgage insurance ends in accordance with any written agreement ba n Borrower and Lende pl�cat 0-10 . 9. inspection. Lender or its age ,fin make reasonable en 'e or(ma d`)nspections of the Property. Lender shall give Borrower notice at the time of or prior n i action specifying reaso legit se for the inspection. 10. Condemnation. The proceeds air or claim for Oarna g s.,drY`ect or consequential, in connection with any . condemnation or other taking of any part of the de'imJi of condemnation, are hereby assigned and shall be paid to Lender. in the event of a total taking of the the ail be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid o n 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 forthe taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released, Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co- Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not execute the Note; (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan Page 3 of 5 Packet Page -1230- OR 4873 PG 2122 6/24/2014 16.D.6. 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 underthe 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 Lenderwhen given as provided in this paragraph. 15. Governing Law; Severability. Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument 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 ore 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, Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. 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 B in conditions, Borrower shall have the right to have enforcement of this Security Instrument disconti �� to earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) sftfie hro o any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing curity lnstrument. cp 'lions are that Borrower. (a) pays Lender all sums which then would be due under thi Instrument and the Note if no cceleration had occurred; (b) cures and default of any other covenants or agreerrppents; i[cHmysi",xpenses incurred in enforcing this Security Instrurnent,Xnci but noilrmlf8d tb; teasona attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien o i Sburity Inst ment, L der' rights in the Property and Borrower's obligation to pay the sums secured byihis s c bed. Upon reinstatement by Borrower, this Security Instrument and the obligation' se re he y at re in ly s f no acceleration had occurred. However, this right to reinstate shall not apply ► the se of a Eel ti n rag h 7. 9. Sale of Note; Change i2b a par Ii er�sffilh the Note (together with this Security Instrument) may be sold one or more ti thout pnor notice to Bo er. A60 rrta ult in a change in the entity (known as the "Loan Servicer") that collects mont ents due under the No d th S n nstrument There also maybe one or more changes of the Loan Servicer unr o a sale of the Note. I a of the Loan Servicer, Borrower will be given written notice of the change in acco ith paragraph 14 and a "p' a notice will state the name and address of the new Loan Servicer and the address t hi ;fs yments should be made "I * tics will also contain any other information required by applicable law. .) 20. Hazardous Substances. Bonower�ha Abe esence, use, disposal, storage, orrelease of any Hazardous Substances on or in the Property. Bonn to-o, _ anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding noes 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 priorto 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 process 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 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. Attomays' Fees. As used in this Security Instrument and the Note, "attomeys' fees" shall include any attomeys' fees awarded by an appellate court. Page 4 of 5 Packet Page -1231- * ** OR 4873 PG 2123 * ** 6/24/2014 16.D.6. 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 El Graduated Payment Rider Balloon Rider El Other(s) (specify 13 Rate Improvement Rider 1-4 Family Rider R Biweekly Payment Rider Condominium Rider Second Home Rider E3 Planned Unit Development Rider SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it Signed, sealed and delivered In the presence of. r Witness Signature�aaIC2—(f �� Signature: ' ^� i ( Borrower ry C McCoy Witness Print Name: +^'.P f—j �Ir'1$(�- --- -~--. z. 0 `' � ` �or [DYJef Witness Signature: J / \ I 0 Witness Print Name. sg: 103A Bobolink Way Nap1e6,\ Florida 34105 STATE OF FLORIDA i k COUNTY OF COLLIER i j Jf \ I hereby certify that on this 2(j�1fore me, an officer duly authorized in the state aforesaid and in the county aforesaid tot e _ gem o appeared Mary C McCoy tome known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that HE/ 9THEY executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this - I`1 I aQ I My Commission Expires: Notary Notary's Printed Name (SEAL) Return to: Collier County Housing, Human & Veteran Services- Wendy Klopf 3339 E. Tarniami Trail, Bldg H #211 Naples, FL 34112 Phone: (239) 252 -2901 Project # HM 08-09 -018 Page 5 of 5 Packet Page -1232- WENDYfU.OPF My COMMISSION t EE 161548 EXPIRES: April 12.2616 Bonded itwu NoluJ Pu6ik u dwwrles Retn: INTER OFFICE 4212358 OR: 4435 PG: IS; HOUSING i NMI/HOME PROGRAM RECORDED in the OFFICIAL RECORDS of COLLIE 6/24/2014 16.D.6. PRISCILLA DORIA 252 5312 03119!2009 at 10:19AM DWIGHT E, HROCE, CLj1L DOC -.35 36,75 Project Number HM 0049 -011 MORTGAGE THIS MORTGAGE ( "Security Instrument ") is given on March 11, 2009 The Mortgagor is: Luben Christoff, 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. Borrowerowes Lender the sum of Ten Thousand Four Hundred Twenty Seven Dollars and 001100 ($10.427-00). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument (" Mortgage "), which provides for#* full debt, ff not paid earlier, due and payable on transfer of title, sale of property, refinance, or loss of homestead exemption. This Mortgage will be forgiven at the fifth (5111h) year anniversary date of mortgage. This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the mortgage, and all renewals, extensions and modifications; (b) the payment of all other sums, 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 Mortgage For this purpose, Borrower does hereby, convey to Lender the following described property located in Collier County, Florida. More particularly described as: UNIT 8-201, Abbfngton Village, a condominium according to OfFrcal Records Book 1540, pages 1052 through 1110, of Public Records of Collier County, Florida Folio # 56403320001 Address: 244 Pebble Beach Cir #B -201 Naples, FL 34113 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. The Security Instrument shall also cover all replacements and additions. All of the foregoing is referred to in this Security Instrument as the "Property'. BORROWER COVENANTS that Borrower is lawfully seized of the property described above, and has the right to mortgage, the Property and that the Property is unencumbered, except f of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, suN :Lto.any-eany of record. THIS SECURITY INSTRUMENT combi or ff fed national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform ✓uly,a( property. UNIFORM COVENANTS. Borrow R ` er covenant a follows: 1. TERMS: The Borrower) of this �4� have been granted a ' -payment Loan,* the terms of which are intended tdensuritha�t any Home Investment Pa?h�ershr Act (HOME) funds utilized to facilitate the rehabilitation of this Property are recaptured y�irf ytrlized to b""l anp}�f lower -inc n`0ome owner with rehabilitation unless the affordability requirements are met. ` "" The terms of this Mdrtg ejfdoVt6t �flDi t r� ti be'fmade as long as the makers comply with the following cordl"E�o a ps ` f h]J Borrower shall occupy the QtoGefty as their principal reel ce. Sofblett ef/�he Property is not allowed even on a temporary basis. Failure to abide by`6 ' ncipal occupancy requirements rant ecut In foreciosure. The Borrower shall be required to submit proof of principal ocG p¢pcjl to Collier County on an WyWb�si�iii�I ini o ec the anniversary rothefirst -year occupancy and annually until the end o %?, a -year amortization ceiidd. &ugh proof shall include: proof of homestead exemption, copies of paid receipts for taxe3 cart rance, and copies of i 'ra'cedertficates for owner - occupied Property listing Collier County as Mortgage Holder. If the Bo� mvide uffi � of occupancy in a timely manner, the Lender may contract with an independent title company dome rleo4s6aity ti rtification, the cost of which will be added to the principal amount of this Mortgage, A E , __ In the event the Borrower cease principal occupancy, transfer, sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization, then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage. The Lender phorto granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives, postpones, extends, reduces or modifies any provisions of the First Note or the First Mortgage, including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer, assign, sell or in any manner dispose of all or a portion of the Property, which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period. Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period, according to an amortization schedule based on the anniversary date of the date the mortgage was recorded. The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair- market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure, repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s) prior to expiration of the, affordability period has been attained, all of the, debt will be forgiven. 2. Taxes. The Mortgagor will pay all taxes, assessments, sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid, as the same respectively become due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property, (2) all utility and other charges, including "service charges ", incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender shall be applied; first, to principal due; and last, to any late charges due under the Mortgage. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property, which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the 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 tfie 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 Packet Page -1233- OR 6/24/2014 16.D.6. 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 issuance 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 tens "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to, all - risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately priorto 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 the affordability period r after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstanyesexistwhigh are beyond Borrower's control. Borrower shall not destroy damage or impair the Property, allows the Property l06Q�Qtj tee r ryir�iit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil,6 cilplh at4 itders good faith judgment could result in forfeiture of the Property or otherwise materially impairf��e, ��e�icreated by this Secr,fii' ' ent or Lenders security interest. Borrower may cure such a default and reinstate, as pr�videQ in paragraph 18, by taus) a action or proceeding to be dismissed with a ruling that, in Lender's good faith detemrinatio� u s forfeiture of the Bo ei� interest in the Property or other material impairment of the lien created by this rumen security erest. Borrower shall also be in default if Borrower, during the loan application pr�i ave m all�orarn curate in nnation or statements to Lerder(or failed to provide Lender with any material infonmatio� e y the�Mortgage, including, but not limited to, representations concerning Borrowe} s o pan e ro a p 'n 'idemce. It this Severity Instrument is on leasehold, Borrower shall comply with] all t e p�o,th Is ; j. r tquii6s fee title to the Property, the leasehold and the fee title shall not merge unless Lbnder�A' 940, rt r r 'ting. (•-, 7. Protection of Lender *ig ts`'M" the -' rrowe ai s x�o�t?Lm the covenants and agreements contained in this Security Instrument �i dre is a legal proceeding may ignific_arAytr' affect Lender's rights in the Property (such as a proceeding in bankruptcy, prR6*e for condemnation orfo or o gti((eroe laws or regulations), then Lender may do and pay for whatever is necessary to pro tetfie value of the Property a 4ejid6f5`(ti¢trts in the Property. Lender's actions may include paying any sums secured by a lien, ic�haa priority over this Secu nstnrmant, a �i � ppearing in court, paying reasonable attomeys' fees and entering on the Prope f airs. Ahthoug�ndg'o-� nay take action under this paragraph 7, Lender does not have to do so. Any amounts disbuniwl'%y Vep ph 7 shall become additional debt of Borrower secured by this Security Instrument.. t 1 { 8. Mortgage Insurance. If Lender required m surance 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- tweNth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released, Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Packet Page -1234- 6/24/2014 16.D.6. OR: 4435 PG: 3057 12. Successors and Assigns Bound; Joint and Several Liability Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument, (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum 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 underthe Note. 14. Notius. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first Gass 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 noticee to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument. 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. 1s. Borrowsrs 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, Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. 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. 1s. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinuegat orjt the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) beforeaf�f $te iauant to any power of sate contained in this Security Instrument or (b) entry of a judgment enforci n s rufhennditions are that Borrower. (a) pays Lender all sums which then would be due under this l8 hstrument and then 0* s�idp acceleration had occurred; (b) cures and default of any other covenants or agreerten pays all expenses incurred in enforcing this Security Instru) '*nt, in not limted to, reason ble a mey's fees; and (d) takes such action as Lender may reasonably require to assure tho thd� this ecu ment, finders rights in the Property and Borrower's obligation to pay the sums secured byAhis Sacunty Instru'tnartf shall Conti ue uncha ged. Upon reinstatement by Borrower, this Security Instrument and the se s obligabo ? .wn $ if no acceleration had occurred. However, this right to reinstate shall not apply i the f "� of I r onWErd a . 19. Sale of Not of Lrw' n Be lce ell t r a al Ante t i the Note (together with this Security Instrument) maybe sold one ormore times wtsgtriorppgcert war. rt�r ult in a change in the entity (known as the "Loan Servicer") that collects mon�p yments due under the N and the Se instrument. There also may be one or more changes of the Loan Servicer unroO to a sale of the Note. I re is a ctiau of the Loan Servioar, Borrower will be given written notice of the change in at 3n e with paragraph 14 an ic�ble (a�� e notice will state the name and address of the new Loan Servicer and the address�Ch payments should be made oe will also contain any other information required by applicable law. �, ('� 20. Hazardous Substances. Dor�roWet cause or th�1to—A ce, use, di Hazardous Substances on or in the Pro sposal, storage, or release of any perty. Bo w� o IIKbWyone else to do, anything affecting the Property that is in violation of any Environmental Law. The pre l Ee 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 process 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. Attomeys' 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. Packet Page -1235- 0,6/24/201,4 16.D.6. SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in i Security Instrument and in any rider(s) executed by Borrower and recorded with it Signed, sealed and delivered in the presence of: Witness Signature: Z�.0�� Bo r Lubec Christoff Witness Print Name: a �. %o. ^its Signature: / rower Witness Signature: 6 _ Witness Print Name, �ra Sd;." 41Jdr,; — Address: 244 Pebble Beach Cir #201 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day Y state aforesaid and in the county aforesaid tC4blse nowledgements, known to be the persons) described inr0nd wwfto a f9 THEY executed the same for the purpose therein expre WITNESS my hand and official s al �n the o nty pd a pe i 4 J My Commission Expires: N Pk16Gdy ignatu ^a . Notary's Printeb,[J be. (SEAL) \\ PRISCILLA DORIA Notary Public, State of Florida My Comm. azp. May 9, 2009 Comm. No. DD 42rM Return to: Collier County Housing & Human Services 3301 E. Tamiami Trail, Bldg H #211 Naples, FL 34112 Attn: Priscilla Doric Phone: (239) 252 -5312 Fax: (239)252 -6516 Project # HM OM9 -011 Packet Page -1236- Naples, Florida 34113 before me, an officer duly authorized in the n )peared I uben n s 1— 710 me nd,acknowledged before me that HE/ SHE/ += V (Check Applicable Box) Adjustable Rate Rider U Rate Improvement Rider u Condominium Rider u Graduated Payment Rider 1-7 u 1-4 Family Rider 77 L-J Second Home Rider n Balloon Rider u Biweekly Pa yment Rider �J L� Planned Unit Development Rider n u Other(s) (specify SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in i Security Instrument and in any rider(s) executed by Borrower and recorded with it Signed, sealed and delivered in the presence of: Witness Signature: Z�.0�� Bo r Lubec Christoff Witness Print Name: a �. %o. ^its Signature: / rower Witness Signature: 6 _ Witness Print Name, �ra Sd;." 41Jdr,; — Address: 244 Pebble Beach Cir #201 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day Y state aforesaid and in the county aforesaid tC4blse nowledgements, known to be the persons) described inr0nd wwfto a f9 THEY executed the same for the purpose therein expre WITNESS my hand and official s al �n the o nty pd a pe i 4 J My Commission Expires: N Pk16Gdy ignatu ^a . Notary's Printeb,[J be. (SEAL) \\ PRISCILLA DORIA Notary Public, State of Florida My Comm. azp. May 9, 2009 Comm. No. DD 42rM Return to: Collier County Housing & Human Services 3301 E. Tamiami Trail, Bldg H #211 Naples, FL 34112 Attn: Priscilla Doric Phone: (239) 252 -5312 Fax: (239)252 -6516 Project # HM OM9 -011 Packet Page -1236- Naples, Florida 34113 before me, an officer duly authorized in the n )peared I uben n s 1— 710 me nd,acknowledged before me that HE/ SHE/ += V Retn: 4306332 OR; 4460 PG; 36/24/2014 16.D.6. BOOSIIG 6 HOW SBRVICIS RBCORDID in the OFFICIAL RICOIDS of COLLIIR Cbvs.x, rr go" 14913.90 IITBROIFICB 06/10/2009 At 03:32PM DIIGK? B, BROCI, CLIRI RRC 111 35.50 ATflI: PRISCILLA BIT 5312 DOC -35 19.35 Project Number HM 0849 -001 MORTGAGE THIS MORTGAGE ( "Security Instrument") is given on J V-h t T f CMM The Mortgagor is: Martha Dor iaz, a single woman ( "Borrower'). This Security Instrument is given to Collier County ( "Lender"), which is organized and existing under the laws of the United States of America, and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112. Borrower owes Lender the sum of Fourteen Thousand Twenty Three Dollars and 00/100 (514,023.001 This debt is evidenced by Borrowers Note dated the same date as this Security Instrument(" Mortgage "), which provides for the full debt, if not paid earlier, due and payable on transfer of title, sale of property, refinance, or loss of homestead exemption. This Mortgage will be forgiven at the five loth) year anniversary date of mortgage. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the mortgage, and all renewals, extensions and modifications; (b) the payment of all other sums, 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 Mortgage For this purpose, Borrower does hereby, convey to Lender the following described property located in Collier County, Florida. More particularly described as: Lot 12: Beginning at the Southwest corner of Section 20, Township 51 South, Range 27 East, Collier County, Florida, go South 89° 27'40" East 697.99 feet to a point, then North 0" 12'20" East 1,320.00 feet to the Point of Beginning; thence South 89° 27'40" East 636.59 feet to a point, thence North 0° 0840" East 330.0 feet to a point, thence North 89" 27'40" West 636.24 feet to a point, thence 0" 12'20" West 330.00 feet to the Point of Beginning. Being 4.81 acres more or less in the West % of the West % of Se T 51 South, Range 27 East, Collier County, Florida. � Address: TOGETHER WITH all ther p J appurtenances, rents, royalties, min rel, n g g n of the property. The Security Instrurr)ent all Iso v all re Security Instrument as the "Prope BORROWER COVEN !NN `gyp t r It mortgage, the Property and that the P is unencumbered, excel title to the Property against all claims ands, subject to any e THIS SECURITY INSTRUM Irrbines uniform covens variation by jurisdiction to constitute a un s my instrument cc UNIFORM COVENANTS. Borroyv @F�jt der covenant 1. TERMS: The Borrower) of this Mo 6 h,�v Loan,'the terms of which are intended to ensure that rara 'Alin (IQ rehabilitation of this Property are recaptured and utilizedibaasist arro affordability requirements are met . property, and all easements, rights, k and all fixtures now or hereafter a part 411 of the foregoing is referred to in this above, and has the right to and will defend generally the and non - uniform covenants with limited 'lpefern:d Repayment arinership Act ( HOME) funds utilized to facilitate the lower- income home owner with rehabilitation unless the The terms of this Mortgage do not require that payments be made as long as the makers comply with the following conditions and provisions: Borrower shall occupy the Property as their principal residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first -year occupancy and annually until the end of the Five -year amortization period. Such proof shall include: proof of homestead exemption, copies of paid receipts for taxes and insurance, and copies of insurance certificates for owner - occupied Property listing Collier County as Mortgage Holder. If the Borrower fails to provide sufficient proof of occupancy in a timely manner, the Lender may contract with an independent title company to perform the necessary title re- certification, the cost ofwhich will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy, transfer, sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization, then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage. The Lender priorto granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives, postpones, extends, reduces or modifies any provisions of the First Note or the First Mortgage, including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer, assign, sell or in any manner dispose of all or a portion of the Property, which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period. Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period, according to an amortization schedule based on the anniversary date of the date the mortgage was recorded. The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair - market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure, repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s) priorto expiration of the, affordability period has been attained, all of the debt will be forgiven. 2. Taxes. The Mortgagor will pay all taxes, assessments, sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid, as the same respectively become due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against orwith respect to the Property, (2) all utility and other charges, including "service charges ", incurred or imposed for the operation, maintenance, use, occupancy, upkeep Packet Page -1237- or 6/24/2014 16.D.6. and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the tern of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender shall be applied; first, to principal due; and last, to any late charges due under the Mortgage. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property, which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority overthis 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 preventthe 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 issuance 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. 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 Mortgage 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 Lenderall receipts of pall premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carver 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 gomr—illy4easible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lendees5ec�h d "—I 9 �" the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether o th ll fiy skpaid to Borrower. If Borrower abandons the Property, or does not answer within 30 days' ^nw m Lender that t "he�11ir ce carrier has offered to settle a claim, then Lender may collect the insurance prooeedW. ier may use the proceeds td air or restore the Property or to pay sums secured by this Security Instrument, whether or not the D-day period will bedir what the notice is mailed. Unless Lender and Borrower otherwise agree in writing, siny a li f prozeed&4G4;ifitfcipal shall notbexfend or postpone the due date of the monthly payments referred to in parggrap 1 or than th"Tount oAthe payripnts',If under paragraph 21 the Property is acquired by Lender, Borrowers right/to aT jnsUM Cias sz*ipg frgm damage to the Property prior to the acquisition shall pass to Lender to the e o the , sepu c>�b is u limstrument immediately prior to the acquisition. 6. Occupancy, Preservation,.��ten'nc a� d on , f e itroporty; Borrowers Loan Application, Leaseholds. Borrower shall occupy] I tab�ligtf �e P ` ps Bo s prfnw(iial residence within sixty days after the execution of this Security Instrument p4,'1'a continue o occupy rope as 8`404ers principal residence for at least the affordability period r after the date � �pcGupancy, unless Lender erwnSe a 3, � writing, which consent shall not be unreasonably withheld, or unless exten circumstances existwh' bgyo d-Bo owees control. Borrower shall not destroy damage or impair the Property, allows the rtY to deteriorate, or w 'mityves4e !r( a Property. Borrower shall be in default if any forfeiture action or proceeding, whether iv criminal, is begun that in Lead good faith judgment could result in forfeiture of the Property or otherwise materially impair ated by this Seodr ntriiment or Lenders security interest. Borrower may cure such a default and reinstate, as rov iri y p �sar lCap _, Y^ctiausiytg the action or proceeding to be dismissed with a ruling that, in Lenders good faith determination, prECyles({gr iCCE borrowers interest in the Property or other material impairment of the lien created by this Se ty Instrume?rTVrLetS ers 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 Mortgage, including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on leasehold. Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture orto enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property Lender's actions may include paying any sums secured by alien, which has priority over this Security Instrument, appearing in court, paying reasonable attomeys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. . 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 equivalentio 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 forthe period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Packet Page -1238- OR 6/2'-4/2-0-14-1-6-D.6. D.6. 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 Bortowerand Leader otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released, Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of Paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terns 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 underthe 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. Goveming Lavw, Severability. FederaUavrantl t ie lavtof the jurisdiction in which the property is located shall govern this Severity Instrument. In the event that i,y oO cr�asiebtthis Security Instrument or the Note conflicts with applicable law, such conflict shall not affect pNie p S Ci yyy strument or the Note which can be given effect without the conflicting provision. To this enolbP, r ions of this Securit�io Ulniism and the Note are declared to be severable. 16. Borrower's Copy. Borrower given one conformed co of ttie Note and of this Security Instrument. V. Transfer of the Propert?` kir a Be� rest In oBoorrower. I'f al l or�ny part of the Property or any interest in it is sold or transferred or if a beneficlai'intere�st i r i ransfered nd Bprrower is not a natural person) without Lenders prior written consent, Lend a% may/at its option�rq i immediate payment in �ll of all sums secured by this Security Instrument. However, Lender shallot e i qa 'Y d�date of this Security Instrument prohibits exercise. If Lender exercised this op ion, nd�er s}i 11 ve� o 0 of 5el�ratioh. The notice shall provide a period of not less than 30 days from the date he n ti� is d ivedlorit it ithi ich Bo r�er must pay all sums secured by this Security Instrument. If Borrower fail to �j p toh xpire ' n Df f acct, Lender may invoke any remedies permitted by this Security Instrument�io rt further notice or dema on Borrower,< 18. Borrowers Right to art;�a tie. If Borrower meets in , nditiq�s,Borrower shall have the right to have enforcement of this Security Instrumei��,ef(sbpntinued at any time 0 ttie, Vof: (a) 5 days (or such other period as applicable law may specify for reinstate ore sale of the Property p3rslua io any power of sale contained in this Security Instrument; or (b) entry of a judgment ei fo �ecurity Instrument. T traditions are that Borrower. (a) pays Lender all sums which then would be due under this merit and no acceleration had occurred; (b) cures and default of any other covenants or agreemen;�ay`s' I (� , +/ incurred in enforcing this Security Instrument, includiTg,� tjaot ' asonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this curity 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 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" ere 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 process the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment 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. Packet Page -1239- OR 6/24/2014-1-6.D.-6. 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 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 part of this Security Instrument. (Check Applicable Box) r1 r__1 r-i LJ Adjustable Rate Rider LJ Rate Improvement Rider LJ Condominium Rider r-1 ri 77 LJ Graduated Payment Rider LJ 1-4 Family Rider u Second Home Rider 1-7 n n LJ Balloon Rider LJ Biweekly Payment Rider LJ Planned Unit Development Rider r-1 LJ Other(s) (specify SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contain]e in this Securi a rument and in any rider(s) executed by Borrq�er and recorded it. Signed, sealed and deli in the prese ce f: . i Witness Signature: Tj > Signature: Borrower Martha D t z Witness Print Name: r i ter. ° (�) d r i c - -- Signature: ---,Borrower Witness Signature: / .d (I , Witness Print Name: Address 0 Auto Ranch Rd -- — i Naples, FI 34114 STATE OF FLORIDA COUNTY OF COLLIER I I hereby certify that on this °a)\ofT? 26Q%ttore me, an officer duly authorized in the state aforesaid and in the county afore satd 1a!1\e,ai nowledgements, pe "illy p geared to me known to be the person(s) described in and oe,f4tedrthert goi nstrument and acknowledged before me that HE/ SHE/ THEY executed the same for the purpose therein expressed. WITNESS my hand and official seal in the Court nd State aforesai this My Commission Expires: Notary li ' i ature RAA) iH'JC, Notary's Printeld Name (SEAL) Return to: Collier County Housing & Human Services 3301 E. Tamiami Trail, Bldg H #211 Naples, FL 34112 Phone: (239) 252 -4663 Project # HM 0"9 -001 Packet Page -1240- 427660P ^n. AA16 nn. Arms HCOUID is 011 6/24/2014 16.D.6. 03/21/2009 at 02:13PN DWIGHT B, BROCE, CLERI OLD 14111.00 OBLI 14771.00 INC PBB 35.50 Project Number HM 09.09 -Oo5 DOC -.35 51.80 Reta: HOUSING i HUNAN SERVICES MORTGAGE INTEROPPICB ATTA: PRISCILLA DORIA 1" 5312 THIS MORTGAGE ( "Security Instrument") is given on The Mortgagor is: Miguel A. Lozano 6 Maria G. Lozano, 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. Tamiaml Trail. Naples Florida 34112. Borrower owes Lender the sum of Fourteen Thousand Seven Hundred Seventy Seven Dollars and 00 /100 ($14,777.00). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument (" Mortgage "), which provides for the full debt, if not paid earlier, due and payable on transfer of title, sale of property, refinance, or loss of homestead exemption. This Mortgage will be forgiven at the fifth (511h) year anniversary date of mortgage. This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the mortgage, and all renewals, extensions and modifications; (b) the payment of all other sums, 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 Mortgage For this purpose, Borrower does hereby, convey to Lender the following described property located in Collier County, Florida. More particularly described as: NEWMARKET SUBDIVISION, BLK 15, LOT 10, Collier County, Florida Folio 9 63854900202 Address: 710 Newmarket Rd Immokalee. FL 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 s part of the property. The Security Instrument shall also cover all replacements and additions. All of the foregoing is referred to in this Security Instrument as the "Property'. BORROWER COVENANTS that Borro"i{� IkufuJ ' p`gpeny described above, and has the right ro mortgage, the Property and that the Property is unencurtrbpt auxpfT'of ree'am y r warrants and will defend generally the tide to the Property against all claims and demands, syb�twany encumbrances o? reL�ro,ry�l^ THIS SECURITY INSTRUMENT cbai� fries uniform covenants for nationaNse and non - uniform covenants with limited variation by jurisdiction to constitute a urjifortn ment coveting real ` party,, UNIFORM COVENANTS. Bd r an r cove�"nantamd\agree as ollows: 1. TERMS: The Borrower) of tl(is M rtga a have been gr nted a ferred fepayment Loan,' the terms of which are intendefl to eil t art iirw PIS ,r n�r#hip Ad (HOME) funds utilized to facilitate the rehabilitation of this Property are re ca�tu er�d utr�i ed to iss(SIs h I affordability N4 co a home owner with rehabilitation unless the rty requirements are met. The terms of this Mortii6e\do not require that mertNs Hk a as long as the makers comply with the following conditions aA;�rovisions: 1 // Borrower shall occupy the Prop rfv es air principal residence $ublet(irig of the Property is not allowed even on a temporary basis. Failure to abide by the princip ' ncy requiremennrt�ias}il( in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier tin is lit tithing on the anniversary of the first -year occupancy and annually until the end of the Five e r amp od "J ` iyoiehall include: proof of homestead exemption, copies of paid receipts for taxes and insurance, and copies of insiTanee- certlftcates for owner - occupied Property listing Collier County as Mortgage Holder. If the Borrower fails to provide sufficient proof of occupancy in a timely manner, the Lender may contract with an independent tide company to perform the necessary title re- certification, the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy, transfer, sell or in any manner dispose of all or a portion of the Properly which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization, then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage. The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives, postpones, extends, reduces or modifies any provisions of the First Note or the First Mortgage, including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer, assign, sell or in any manner dispose of all or a portion of the Property, which is subject to this Mortgage prior to fulfilling this agreement and the end ofthe amortization period. Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period, according to an amortization schedule based on the anniversary date of the date the mortgage was recorded. The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair - market value as determined by an independent appraisal by a State Certified Residential Appraiser. Ifthereis nonetproceads from the foreclosure, repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s) prior to expiration of the, affordability period has been attained, all of the debt will be forgiven. 2. Taxes. The Mortgagor will pay all taxes, assessments, sewer rents or water rates priorto the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid, as the same respectively become due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with reaped to the Property, (2) all utility and other charges, including "service charges ", incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender shall be applied; first, to principal due; and last, to any late charges due under the Mortgage. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property, which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the Packet Page -1241- 0; 6/24/2014 16.D.6. 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 issuance 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 Mortgage 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 proiacting 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 endorsemarrt, 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 Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance art P.reteeden.of the Property; Borrower's Loan Application, Lsassholds. Borrower shall occupy, establish, and use the �P�� 9 I residence within sixty days after the execution of this Security Instrument and shall continue to occupy t �f Ffgwa` al residence for at least the affordability period r after the date of occupancy, unless Lender ofh rees in writing, vv?Pisq q�npant shall not be unreasonably withheld, or unless extenuating circumstances exist which ar, tigy09, borrowers control. Borovvef sh' not destroy damage or impair the Property, allows the Property to deteriorate, or oomdlit w I party. Borrower sh�f(be i ,default if any forfeiture action or proceeding, whether civil or criminal, is begun that in (and�rs alth jodgment cdbtd result il�forfkure of the Property or otherwise materially impair the lien created by this Security �nstryment or Le rsaecurity interest. Boripwer'may cure such a default and reinstate, as provided in paragraph 18, by causing the ac�iprw rpuse rgZo tt�ruling�that, in Lenders good forth determination, precludes forfeiture of the Borower� in stpp`n tlJe Pr�opgrty o r m�almilent of the lien created by this Security Instrument or Lenders security interest. rdwer shall {also b n ult o ` ".. r during the loan application process, gave materially false or inaccurate inform ron, mr`st14W*'btsV& der r faile to rovl e,Liender with any material information) in connection with the loan evidenced by�f r , inctSOfhg, b - no ` ited reprffs�ta'tions concerning Borrowers occupancy of the Property as a principal residence. ti¢ s ecurity Instrument is on I eh , B hl&' shall comply with all the provision of the lease. If Borrower acquires fee title tot rty, the leasehold and t he ' e s) of Umerge unless Lender agrees to the merger in writing. \� 3333 7. Protection of Lender's Righ roperty. If Borrowerfailss��,1 the covenants and agreements contained in this Security Instrument, or there is a leggy( p, that may siggifiCagtlyraffect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemn n o' x �forcd or regulations), then Lender may do and pay for whatever is necessary to protect the value of the P a `L�nde in the Property. Lenders actions may include paying any sums secured by a lien, which has priority over this Sea ment, appearing in court, paying reasonable attomeys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. . 6. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the Cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one - 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 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 amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released, Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums Packet Page -1242- OR 6/24/2014-16.D.6. the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Jointand Several Liability Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrowers covenants and agreements shall be joint and several, Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first Gass 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. Goveming Law; Severability. Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument. 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, Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. 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 withi3;W'r, st pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the e rmay invoke any remedies permitted by this Security Instrument without further notice or demand o , 18. Borrowers Right to Reinstate. ff Borrower meets ceions, Borrower shall have the right to have enforcement of this Security Instrument d' sooihti idad at any time poor to the ea ' r of: (#) 5 days (or such other period as applicable law may specify for reinstatement) beforessale f the? ursuant many p r of dale contained in this Security Instrument; or (b) entry of a judgment enforcing this Sicuri Institirrreo� Those con 'ors are Borrower. (a) pays Lender all sums which then would be due under this Severity InstRrme t a No�aeSS�I tt I' Xn gq occur red; (b) tyres and default of any other covenants or agreements; (c) pays stru rll0 incurred in enforcing this Security Ins rum t i 1clu g, ut of i t s¢ attorney's fees; and (d) takes such action as Lender may reasonably require to as�ule at e ' cif this Se Insfr ineht, r r�des rights in the Property and Borrowers obligation to pay the sums secured b�,thrs I t ntin arty Upon reinstatement by Borrower, this Security Instrument and the obligation 5'8ctked hereby shall remain f effect a aiy f3td r cceleration had occurred. However, this right to reinstate shall not apply in the acceleration under pars re 17. 18. Sale of Note; Change i( l;W Servicer. The Note anti �( 019? any(. st in the Note (together with this Security Instrument) may be sold one or more bmeawfho prior notice to Borrower. 4 91"Y result in a change in the entity (known asthe "Loan Servicer") that collects monthly pa nder the Note and gEuyrty Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sa th ?a the Loan Servicer, Borrower will be given written notice of the change in accordance with paragre 14 a f der. notice will state the name and address of the new Loan Servicer and the address to which payments sho notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following 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 process 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 byjudicial 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 attomeys' tees awarded by an appellate court. 24. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. Packet Page -1243- *** 0 6/24/2014 16.D.6. SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of: Witness Signature: Signature: o r Miguel A. p o Witness Print Name: Signature: y B wer Mari G. z o Witness Signature:? Witness Print Name: L35y--�'- k� - CiLv1' Address: 710 Newmarket Rd STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on thisdai aforesaid and in the county aforesaid t take!• be the person(s) described in and who e�fpt executed the same for the purpose t � +�i /aH l� WITNESS my hand and official seal in C`s My Commission Expires: NM Public's 7 Notary's Printed (SEAL) PRISCILLA DORIA irary '011c, Stab of Floft `Yy r!,; r::!l i. exp. May 9r 2009 Comm. 4o. DD 427346 Immokslee, FL 34142 r -,R. C C) and State afor Name Return to: Collier County Housing & Human Services 3301 E. Tamiami Trail, Bldg H #211 Naples, FL 34112 Attn: Priscilla Doria Phone: (239) 252 -5312 Fax: (239)252 -6518 Project # HM 08 -09-008 Packet Page -1244- me, an officer duty authorized in the state 1 f-MIl L - to me known to before me that HE/ SH THEY (Check Applicable Box) r-1 L-J Adjustable Rate Rider Ln-i Rate Improvement Rider LLJ Condominium Rider Graduated Payment Rider r1 LLB 1-4 Family Rider U Second Home Rider u Balloon Rider u Biweekly Payment Rider F7 L J Planned Unit Development Rider r-1 LJ Other(s) (specify SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of: Witness Signature: Signature: o r Miguel A. p o Witness Print Name: Signature: y B wer Mari G. z o Witness Signature:? Witness Print Name: L35y--�'- k� - CiLv1' Address: 710 Newmarket Rd STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on thisdai aforesaid and in the county aforesaid t take!• be the person(s) described in and who e�fpt executed the same for the purpose t � +�i /aH l� WITNESS my hand and official seal in C`s My Commission Expires: NM Public's 7 Notary's Printed (SEAL) PRISCILLA DORIA irary '011c, Stab of Floft `Yy r!,; r::!l i. exp. May 9r 2009 Comm. 4o. DD 427346 Immokslee, FL 34142 r -,R. C C) and State afor Name Return to: Collier County Housing & Human Services 3301 E. Tamiami Trail, Bldg H #211 Naples, FL 34112 Attn: Priscilla Doria Phone: (239) 252 -5312 Fax: (239)252 -6518 Project # HM 08 -09-008 Packet Page -1244- me, an officer duty authorized in the state 1 f-MIl L - to me known to before me that HE/ SH THEY