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Agenda 09/23/2014 Item #16D 69/23/2014 16.D.6. EXECUTIVE SUMMARY Recommendation to approve a satisfaction of mortgage for the State Housing Initiatives Partnership Program, accepting $1,637.10 to satisfy the SHIP mortgage in accordance with the Board's Short Sale Policy. OBJECTIVE: To support the affordability of housing in Collier County through down payment and emergency repair and /or rehabilitation assistance programs. CONSIDERATIONS: The State Housing Initiatives Partnership (SHIP) Program, a state affordable housing grant, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale, refinance or loss of homestead exemption. On February 28, 2012, the Board approved a Short Sale Policy for the SHIP program (Agenda item 16D7). The Short Sale Policy provides a settlement amount toward the down payment assistance in the amount of 6% of the Collier County loan or $6,000 (whichever is less but never less than $500) in an effort to facilitate a Short Sale. The recipient, as the seller of the property, must not receive funds from the short sale. On May 13, 2014, the Board directed staff to review the short sale policy and cease processing new short sales. This item was already in process at the time of the Board direction. The following table contains relevant details of this Short Sale. The recipients received no funds from the Short sale as evidenced by the HUD1. Recipient Name First Mortgage First Mortgage SHIP Mortgage Payoff Amount Public Record & Accepted Payoff Public Record & of the second date of mortgage HUD1 Line date mortgage mortgage HUD1 . si ned /d 504/505 signed Line 505/508 Sandy D. Gutierrez $128,000.00 $96,932.63 $27,285.00 $1,637.10 OR:4166/PG:3942 OR:4166/PG:3942 01/09/2007 1 01/09/2007 Approval of this item will authorize the Chairman to sign the aforementioned satisfactionof mortgage for recording in the Public Records of Collier County, Florida. FISCAL IMPACT: SHIP funds in the amount of $1,637.10 have been repaid and will reside in SHIP Grant Fund 791, Project 33331 and are considered program income. Such funds may be reused for eligible SHIP program activities. The $10 recording fee will be paid by the recipient. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign a satisfaction of mortgage in accordance with the Board- approved Short Sale Policy. Prepared By: Mandy Moody, Grant Support Specialist, Housing, Human and Veteran Service Packet Page -2445- 9/23/2014 16.D.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.6. Item Summary: Recommendation to approve a satisfaction of mortgage for the State Housing Initiatives Partnership Program, accepting $1,637.10 to satisfy the SHIP mortgage in accordance with the Board's Short Sale Policy. Meeting Date: 9/23/2014 Prepared By Approved By Name: KushiEdmond Title: Accountant, Housing, Human & Veteran Services Date: 8/20/2014 8:24:50 AM Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 9/2/2014 9:33:33 AM Name: T.ownsendAmanda Title: Director - Operations Support, Public Services Division Date: 9/3/2014 4:17:10 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services Date: 9/3/2014 5:18:54 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 9/8/2014 4:16:40 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 9/9/2014 8:33:46 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Packet Page -2446- Date: 9/9/2014 1:42:39 PM 9/23/2014 16.D.6. Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/16/2014 11:08:14 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/16/2014 1:55:56 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 9/16/2014 2:58:39 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 9/16/2014 3:51:48 PM Packet Page -2447- Retn: 3957249 OR: 4166 PG: 39AI IDWARD B GILBIRT RECORDED in the OFFICIAL RECORDS of COLLIER COD 9/23/2014 16.D.6. 5100 TOO CIMR CIA #430 01/09/2007 at 12:58F1 DWIGHT I. BROCI, CLIB usil 17285.00 BOCA WON IL 33486 SECOND MORTGAGE He 111 52.50 DOC -.35 95,55 THIS SECOND MORTGAGE ( "Security Instrument") is given on December , 2008. The Second Mortgagor is: Sandy D. Gutierrez, A Single Person ( "Borrower"). This Security Instrument is given to Collier County ( "Lender'), which is organized and existing under the laws of the United States of America, and whose address is 2800 North Horseshoe Drive 4400 Naples, Florida 34014 . Borrower owes Lender the sum of Twenty —Seven Thousand Two Hundred Eighty —Five and No /100ths Dollars (U.S. S —27f285.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument ('Second Mortgage "), which provides for monthly Payments, with the full debt, if not pad earlier, roue and payable on sale of property, refinance, or lose of homestead exemption . This Security Instrument secures to Lender: (a) the repayment of the dent evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularly described as Lot 80, Bristol Pines, Collier County, Florida and which has the address of: ( "Property Address'): 7338 Bristol Circle Naples FL 34120 TOGETHER WITH all the improvements row or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and Profits, water rights and stock and all fixtures now or hereafter a part of the property. All replaoenter is and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the *Property. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and 0011wey the Property and that the Property is unencumbered, exce mbrances of record. Borrower warrants and will defend generay the the to the Property against all claims and demands, s y of record. THIS SECURITY INSTRUMENT combines u a and non uniform covenants with limited variation by jurisdiction to constitute a uniform security irrsttu real Property ` Y UNIFORM COVENANTS. Borrower covenant and agree as 1. Payment of Principal and Interss ft and Late Charges shall promptly pay when due the principal of and interest on the debt evidenced by the Note. thereon. 2. Taxes. The Mortgagor will pay tax , assess ran or water es riot to the accrual of any penalties or interest The Mortgagor shall pay or cause tp be 'd as ' el d e, ( X1) all taxes and govemirnental charges of any kind whatsoever which may at any time be I II ass I 'ad to Pro including "service charges', incurred or im t n us , �• (2) all utility and other charges, (3) al assessments or other governmental I upkeep and Improvement of the Property, and obligated under the y ins men a period of years, the Mortgagor shall be g Mortgage to Pay or taus 'e id only such install as a be paid during the term of the Mortgage, and shall, promptly after the payment of any of tine ng, forward to Mortgag payment, 3. Application of Payments. Unless law provides oth I received by Lender shall be applied; first, to interest due; and, to principal due; and last . to an rges due under the Not 4. Charges: Liens. Borrower shall pay a essments, ch and impositions attributable to the Property which may attain priority over this Security Instrument, and leas pa t lrany. Borrower shall promptly furnish to Lender all notices of amounts to be pad under this paragraph, and payments. Borrower shall Promptly discharge any lien which has p r this Security Instrument unless Borrower: (a) agrees In writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property Is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected our the Property insured against loss by fire, hazards Included within the term 'extended coverage" and any other hazards, including moods 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. K Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Promises 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 replaoernem cost of the Premises, exclusive of footings and foundations. AN ksuaance Pongee and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shelf have Uhs right to fold the policies and renewals. If Lender requires, Borrower shall Promptly give to Lender all receipts of paid prendurrls and renewal notion. 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 Properly 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 irsurarhce Prcoeeols. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether w not then due. The niter y period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application oft then d proceeds to principal shat not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. H under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the property prior a the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument imm g from y prior to the acquisition. S. Occupancy, Preservation, Maintenance and Protection of the Properly; Borrower -s Loan Application, Leae"da. Borrower shat occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or Droomedinc. whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or Ott Packet Page -2448- created by this Security Instrument or Lenders security OR; �Icc Dr. Ine1 9/23/2014 16.D.6. 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 ban application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with arty material information) in connection with the bars evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee We to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. ff Lender required mortgage insurance as a condition of making the bat 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 mortgW insurance previously in affect, at a cost substantially equivalent to the cost to Borrower of the maloage 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 used 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 balan sh ejdt r. In the event of a partial taking of the Property In which the fair market value of the Property immediately bet �i s unt of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in wrl ' applicable a provides, the proceeds shall be applied to the arms secured by this Security Instrument whether or s are then due. Un Borrower otherwise agree in writing, any application of proceeds to principal shall not tpone the due date of the nthl ayments referred to in paragraphs 1 or charge the amount of such payments. -� 11. Borrower Not Released, Fo r N a w e Extens time for payment or modification of amortization of the sums secured by this Seo(rrity t in interest of Borrower stall not operate to release the liability of the original Borrower s n s II be required to commence agakst any successor sin' or refuse me s 'on of the sums secured by ySecurtty Instrument by reason of arty demand made y tt( "n s I� interest Any forbearance by Lender in exerasirg try right or remedy shall note p e of 12 Successors and Assigns nt and Several llabili Co- S g covenants and agreements of this Security Instrument shall bind and benefit the su assigns of Lender to the Provisions of paragraph 17. Borrower's coven agreements shalt be' n d Any Borrower who co-signs this Security Instrument tiut does not execute the Note; (a) is n this Security Instrume I age, grant and convey that Bonower's interest in the Property under the terms of this Security Ins is n o personal to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower m `f ` or make any accommodations with regard to the terns of this Searity,instrument or the Note without that 13. Loan Charges. If the loan secured by this Secu is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other ban charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by matting 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. Nofdcss. Any notice to Borrower provided for in this Security Instrument shall be given by delivering It or by maiiing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or arty other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. if all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in full of all suns secured by this Security Instrument However, this option shall not be exercised by Lender If exercise is prohibited by federal law as of the date of ttls Security Instrumen . If Lander etrrerdsed this option, Lender shell give Borrow 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 H Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrumarxt without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument Lenders rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Lose Servicer, The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more tines without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more oranges of the Loan Servicer unrelated to a sale of the Note. If there is a charge of the Loan Servicer, Borrower will be given written notice of the charge 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 othe Packet Page -2449- ble law. OR: 419/23/2014 16.D.6. 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 riot 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 Lenxler 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 remediabon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Lew. 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 arty covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this paragraph 21, including, but rot limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument. Lender shall release this Security Instrument without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. 24. Riders to this Sscurtty, 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 riders) were a part of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Rate Improvement Rider ❑ Condominium Rider ❑ Graduated Payment Rider ❑ 1-4 Family Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Biweekly Payment Rider ❑ Planned Unit Development Rider ❑ Hers) (Slimy e0U�TIr\ SIGNING BELOW, Borrower accepts and agree anus and covenants h*d iq this Security Instrument and in any rider(s) executed by Borrower and recorded with it. / \ \ \, Signed, sealed and delivered in the present of: Witness #1: Pau K. en STATE OF FLORIDA COUNTY OF c, './yAe/ It Co- A \E Cjl r 1. F tol Circle on, FL 34120 , I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Sandy D. Gutierrez to me known to be the persons) described in and who executed the foregoing Instrument and acknowledged before me that (He/ she/ they) executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid'- this J t day of —V k21,'L 4&J ' 20-LA. My Commission Expires: ." ............. ............................... Notary Public's Signatu (Seal) PAULZ BENSEN V' K Bensen t assria ODOil -- I i Notary's Printed Name ErOSSS 4IgIJD10 i�. eenresru w.... F1ernOS Asn. Yic ' File#: 05 -117 Packet Page -2450- Legal Description OR' 4166 9/23/2014 16.D.6. Lot 60, BRISTOL PINES PHASE I, according to the plat thereof as recorded in Plat Book 43, Page 78, of the Public Records of Collier County, Florida. Go�y1E%,� n� r� �A �o�EIE CIR Packet Page -2451- CC) OR: Alrf rn. 1AAP PROMISSORY NOTE 9/23/2014 16.D.6. November .ag , 2006 Borrower: Sandy D. Gutierrez 7338 Bristol Circle, Naples FL 34120 (Property Address) (City) (State) BORROWER(S) PROMISE TO PAY: I /We promise to pay Twenty -Seven Thousand Two Hundred Eighty -Five Dollars ($27,285.00) (this amount will be called "principal ") to the order of Collier County or to any other holder of this Note (the "Lender "), whose address is 2800 Horseshoe Drive North, Suite 400 Naples Florida 34104 . I /We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder ". 2. INTEREST: Interest on this Note shall be zero percent (08) per annum; except that if I /We fail to pay this Note as required, the interest rate shall be twelve percent (12 %) per annum from the date when payment of this Note is due until I /We pay it in full. 3. PAYMENTS: Principal payments shall be deferred for the term of the first mortgage loan or until sale of property, refinance or loss of homestead exemption , the date the last payment is due on refinance or satisfy the first mortgage loan, I /We agree to immediately pay the entire sum due under this Note. My /Our total payment shall be U.S. $27,285.00. 4. BORROWER'S RIGHT TO PREPAY: I /We have the right to make payments of principal at any time before they are due. A payment of principal only is know as a "prepayment ". When I /We make a prepayment, I /we will tell the Note Holder in writing that I /we am doing so. I /We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I /We make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If I /We make a partial prepayment, 11 be no prepayment penalty adhering to or associated with such prepayment - AIP R T LOAN CHARGES: If a law, lies to era nd which sets maximum loan charges, is finally interpreted so the interest or the loan charges collected or to be collected in connection it an exceed the pe tted limits; then (i) any such loan charges shall be ed a the nece sar to reduce the charges to the permitted limit; and (i) n sums r d c llect om me which exceeded permitted limits will be re funde t e o ma choose to make this refund by reducing the principal ft /We o e u e i t o by making a direct payment to me /us. If a refund e in i a , he d ct will be treated as a partial prepayment. 6. RUBORDINATION: Lender a�ic� orrower acknowle�andj ee that this Security Instrument is subject and subordinat all respects to i , terms, covenants and conditions of the First Deed of Trust n o all advances ore made or which may hereafter be made pursuant to the First Trust in d{ 11 sums advanced for the purpose of (a) protecting or further sec n First Deed of Trust, curing defaults by the Borrower under the Firs d ust or for any other purpose expressly permitted by the First Deed of Trust or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that (i) the Lender has been given written notice of a default under the First Deed of Trust and (ii) the Lender shall not have cured the default under the First Deed of Trust within the 30 -day period provided in such notice sent to the Lender. BORROWER(S) FAILURE TO PAY AS REQUESTED: (A) Default If I /we do not pay the full amount as required in Section 3 above, I /we will be in default. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me /us to pay the Note Holder's cost and expenses as described in (B) below. (B) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its costs and expenses, including, but not limited to, reasonable attorneys' fees. GIVING OF NOTICES: Unless applicable law required a different method, any notice that must be given to me /us under " ' by delivering it or by mailing it by Packet Page -2452- * ** OR. A194 pr. IQ17 *t* first class mail to me at the Property Address on Page -i or' 9/23/2014 16.D.6. I /we give the Note Holder a notice of my /our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address if I /we have been given a notice of that different address. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument ") , dated the same date as this Note, protects the Note Holder from possible losses which might result if I /we do not keep the promises which I /we make in this Note. That Security Instrument describes how and under what conditions I /we may be required to make immediate payment in full of all amounts I /we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full or all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. T, If Lender exercises this opti R EJ 'J+ Borrower notice of acceleration. The notice shall provide a peri of less tha (30) days from the date the notice is delivered or mailed, w' tla //// hich Borrower mu pa all sums secured by this Security Instrument. If Borrowe (s) pay these rior to the expiration of this period, Lender may inv e netted y his Security Instrument without further notice or demand Borrowe Notwithstanding the ove he" L n proceeds hereunder sha 1 su e t Holder to collect and aL p 12. This note is governed as Cg,struod in WITNESS THE HAND (S) AND OF THE UNDERSI - - ,� CIE CZRC�� Borrower San y Gutierrez Borrower .lect and apply the insurance the rights of the Senior Lien th the First Deed of Trust. Laws of the State of Florida. RETURN TO: Collier County Financial Administration & Housing Department 2600 North Horseshoe Drive, #400 File #: 05 -117 Naples, FL 34104 Phone: (239) 403 -2338 Fax: (239) 403 -2331 Packet Page -2453- 9/23/2014 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 Sandy Gutierrez to COLLIER COUNTY, bearing the date of January 5, 2007, recorded January 9, 2007 , in Official Records Boon 4166, Page 3942, of the Public Records of Collier County, Florida, securing a principal sum of $27,285 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned Mortgage. COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28, 2012, Agenda Item 16.13.7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - 2014 Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio \0� Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN Packet Page -2454- -SSt,Z- aged 1@10ed A. U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN SETTLEMENT STATEMENT -1 Cottrell Law and Title Group FHA 2. FMHA 3. 1 COW UNINS. 809 Walkerbi It Road, Suite 6 A. VA 5. COWINS- __I Naples, Florida 34110 ; 7 U.. (239) 431.8200 fax: (239) 431-8201 4 F 1a Number NnmAer 20130177 $-M-pp I., C.. N.. C.'v&E. nlsprm ujiu-nishedlo give you a statement ofaclual sentement costs. Amounts paid to and ky the sodoinem agent are shown. !terns marked (pael were paid outside the closhn, j. rev �are shown here for inJarntational purposes and ar, not included in the totals. Morgan Douglas Enterprises, LLC D. Buyer: 28200 Old 41 Road, Suite 208 Bonita Springs, Florida 34135 Sandy D. Gutierrez E. Seller: 7338 Bristol Circle Naplesjlmridda 34120 F-len-der: 7338 Bristol Circle G. Property: Naples, Collier County, Florida 34120 Lot 60, BRISTOL PINES, PHASE 1, Book 43, Page 78, Collier County, Florida H. Settlement Agent: Cottrell Law and Title Group Place of Settlement: 809 Walkerbilt Road, Suite 5, Naples, Florida 34110 Collier County_ L Settlement Date: July 10, 2014 J. Summary of Buyer's Transaction K. Summary of Seller's Transaction Lo 4( Is Amount Due From Buyer: 00. Gross Amount Due To Seller: - 101, Contract Sales . P rice . ........ . 108,3iFO.00 162. Persona{ Property 402 Personal per _Pro I03. Settlement Charges to Buyer(Aine. 1-4,00.) -.18,48.4.89; 403, 104. 105, 4111 Adjustments For hems Paid by Seller in Advance: I Adjustments for Items Paid _by_ Seller �jn_Advance: City Town Taxes 406. city (Town Taxes ..106. ­/ 107. . County / Parish faxes 407. County / Parish Taxes Assessments 408. Assessments 109. 46§. 110. 410. 411. 120. Gross Amount Due from Bu "r. 126,984 89 Gross Amount Due to Seller: 108,500.00 11 on uts Paid by or in Behalf of Buyer: 500. Reductions in Amount Due to Seller; 201. Deposit / Earnest Money 1,000.00 instructions) 202. Principal Amount of New Loan Settlement Charges to Seller (L�te!ILOJ Existing L 201. F 503. 1 Ddistinp oan(s) - 204. 504* Payoff ol'First Mortgage to lb�eriaBank 96,932.63 Payoff of Second Mortgage to Collier County 205. 505. 1,637.10 Board of County Commissioners 206. 506. Purchase Money Mortga 207. 507 Adjustments jq!:j!!�rns Unpaid by Seller for a4k.Seiler: City Town Taxes 510. C / Town Taxes 211. County Parish Taxes Jan 1, 2014 thin Jul 9, 308,27 511. County / Parish Taxes Jan 1, 2014 thru Jul 9, 308 27 2014 2014 212. Assessments 512. Assessments 214. 514. 220. Total Paid by for Buyer: 1,308.27 520. Total Reductions in Amount Due 108,500.00 Seller: _Cash at Settlement from / to Buyer: 1600. Cash at Settlement to / from Seller: 301. Gross Amount due from Buyer (line 120) 126,984,89 1 601. Gross Amount due to Sell 420) 362.* Less Amount Paid by/for Buyer (line 220) 1136817 602. Less Reductions Amount due Seller (line 520) .. .. .... . . 11&500:00 303. Cash From Buyer: $125,676.62 1603. Cash From Seller: S0.00 9'0*9� VWVEZ/6 Settlement Date'July 10, 2014 -9SVZ- aged IaMoed L. Settlement Charges -, 700. Total Sales /Broker's Commission: Based on Price $108,500.00 @ 6.00% = $6,510.00 Division of Commission as follows File Number: 20130177 Paid from Paid from Buyer's Seller's Funds at Funds at 3,255,00 to Tee Reality, Inc, Survey Settlement Settlement 1302, -PS.SL Inspection 1303. Impact Fees to _Collier ounrity f 1(�,S-- _ Board o County Commissioners 703. Commission Paid at Settlement - 'Lity' Reimburse f_o_r_Est_o_ el Fee to Law Offices of W. Justin Cottrell, PA. PP 225.00 i 100,00 6-5 10.00 764. Transactoin Fee to q jealty -1--495 -001 --- - - - 705. -866. Items Payable in Connection with Loan: 1309. 1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section K) ............ 801- Loan On i- gination Fee i s9,622.00 862. Loan Discount Al)praisal Fee 864 Credit Report 05. Lender's Inspection Fee 866. Mortgage Insurance Application Fee As s umptio n Fee 809. 809: -- - ---- ------- 400. Items Reg uired_by_Lender to be Paid in Advance:-, 901. Daily interest charge from 1pi 10, 2014 -.-,-,,902, Mortgage In - surance Premium -- 963. Hazard Insurance Premium 9U4. Flood insurance-Premium 965. 906. 1000. Reserves Deposited -- 1061. Hazard Insurance 1661 Mortgage 1063. City Property Taxes - --------- 1004. ntv Property Taxes S -Con --- -- I 665 . Ann ual Assessments 1066.- 60. ------ 1100. Title Charges_ 9 .. .... ...... 1101. Settlement or Closing to Cottrell Law and TitIcGroUP 395,00 400,00 -Fee 1162, Abstract or Title Search to Attorney's Title Services, LLC 175.00 - Exa, 1103. 'fit i e Examination - -- ------- 1104. Titic I11SUrance Binder 1105. Document Preparation -i 1106. ouary Fees Attorney Fees to Cottrell Law Title Group 1107. and 1,500.00 1,000.00 (includes above item numbers: Title Insurance to Cottrell Law Title Group 1108. and 617.50 (includes above item numbers: 1 109. Lender's C s ov age_ -I Jim Owner's er 's Coverage 108,500.00 Risk Rate Premium: $617.50 i - . r -- --1 w-i'-- I I I, Ad n in is taon Fee to Cott re11a andTtledroup 60.00 G0.00 1112. 1113, lioo.- -Government Recording and Transfer Charges : Deed 18.50 Mortgage 0.00 Releases 0.00 i 18.50 1202. -City /Conn ty_jTdStaipps: Deed 0.00 Mortgage- I . M3. - Sta- te r­ aW_ S_ta _ p s: Deed 759.50 M-o.-rgage­ 0.00 759.50 1204- Intangible Tax to Clerk of the Circuit Court 1265. Record Releases to Clerk--of-the -Circuit Court - 126C Record Certificate of Approval to Clerk of the Circuit Court 10.00 --1267. 1306-. . -Additional Set_tlement Ch-ai---g-e`s­:- 1301. Survey 1302, -PS.SL Inspection 1303. Impact Fees to _Collier ounrity f 1(�,S-- _ Board o County Commissioners 14,047.53, Reimburse f_o_r_Est_o_ el Fee to Law Offices of W. Justin Cottrell, PA. PP 225.00 i 100,00 1305,- Past Due Association Fees to Bristol Pines Homeowners Association- -to 1366. Capital C�ontdibution Bristol Pinc"s"'H--ome-owne-rs-A-ss-o--ci--atioi-i--- 1,494.00 1367. 1309. 1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section K) ............ $18,484.89 i s9,622.00 *9*0'9� KOZ/CZ/6 Settlement Date:July 10, 2014 -LStZ- aged I@Noed File Number: 20130177 A. U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT Cottrell Law and Title Group 809 Walkerbilt Road, Suite 6 Naples, Florida 34110 (239)431 -8200 fax: (239)431-820t I have carefully reviewed the MUD - I Scit merit Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made o, my count or Win this Iran utivn. I funher certify that I have received a copy of HUD -I Settlement Statement. Morg n ougl Ent • , LLC Seller: — . .. _ .. IJttyer: - - Scott D. Hunter. Managing Member Sandy U. G rsez The H UD -I Sctlement tale nt which 1 have prepared i ue and accurate account of iltis transact( I have caused or will cause the funds to be disbursed in accordance with this s ement. Settlement Agent: Date: July 10, 2014 Diana L. Ilogue WARNING: It is a crime to knowingly make false statements to the united States on this or any other similar form. Penalties upon conviction can include a tine or imprisumnent. For details see: Title 18 U.S. Code Section 1001 and Section 1010. 9'0'9 t4OZ/£Z /6 a C7 sn nt zm W I'lL3 W ?01F rM1': rA! A71 1- aDr zt*1' w Cf) E a 0:0 x a wr x M Ch � r lD 'sir U . W ,1' a w_ O :;H ox a H .rn CD o u% C)': r c't 0)� m �Q� w ` Packet Page -2458- 9/23/2014 16.D.6.