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Agenda 09/23/2014 Item #16D149/23/2014 16.D.14. EXECUTIVE SUMMARY Recommendation to approve two mortgage satisfactions for the State Housing Initiatives Partnership Program loan in the combined amount of $27,485. 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 program, offers assistance to first -time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale, refinance or loss of homestead exemption. The following table provides details regarding mortgages that have been repaid in full. As such, satisfactions of mortgages are required. File # Name Security Mortgage Payoff Public Record Instrument Amount Amount 08 -118 Lazaro Lugo SHIP Second $22,485 $22,485 OR Book 4395 Mortgage PG 2744 98 -060 Reyna Lopez SHIP Third $5,000 $5,000 OR Book 2399 Mortgage PG 0518 Total $27,485 $27,485 Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of mortgages and the executed documents shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The repaid amount of $27,485 is considered program income and has been deposited in SHIP Grant fund 791, project 33258. Such funds may be reused for eligible SHIP program activities. The $10 recording fee will be paid by the borrowers. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for 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 two mortgage satisfactions for owner- occupied affordable housing units for which repayment in full has been provided to Collier County. Prepared By: Mandy Moody, Grant Support Specialist, Housing and Human Services Packet Page -2653- 9/23/2014 16.D.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.14. Item Summary: Recommendation to approve two mortgage satisfactions for the State Housing Initiatives Partnership Program loan in the combined amount of $27,485. Meeting Date: 9/9/2014 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Housing, Human & Veteran Services 8/13/2014 10:59:10 AM Submitted by Title: Grants Support Specialist, Housing, Human & Veteran Services Name: MoodyMandy 8/13/2014 10:59:11 AM Approved By Name: KushiEdmond Title: Accountant, Housing, Human & Veteran Services Date: 8/14/2014 2:07:15 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 8/15/2014 3:12:23 PM Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 8/18/2014 4:12:24 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services Date: 8/19/2014 10:36:21 AM Name: TownsendAmanda Packet Page -2654- 9/23/2014 16.D.14. Title: Director - Operations Support, Public Services Division Date: 8/19/2014 12:29:58 PM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 8/19/2014 2:07:48 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 8/19/2014 3:01:19 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 8/21/2014 12:20:01 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/21/2014 3:01:20 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 8/21/2014 6:01:51 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 8/26/2014 11:34:28 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 8/26/2014 3:09:24 PM Packet Page -2655- 9/23/2014 16. D.14. 229335] anh Gj1j rv, WIG "coon to 0111Cla Um ns of count coven, IL 03/17/51 at 02:1411 /IICU 1. IIOCI, CUIK 0110 5100.00 011I 5100.10 IIC III 15.00 Run: T82RD MORTGAGZ 1UIITULI TITLI 412 3 1 230 ST THIS THIRD MORTGAGE ('Security Instrument') is given on January 1$, 1VJ7 The TI d Ai�cr,� : 33316 Rayne LOW Borrower). This Security Instrument is given to Collier County ('Lacer), which s orpantzed and exsting under the ill" of to United States of Amen, and whose address is 2800 North Hossashoa Drive Na lee Florida 34104 . Borrower owes Lender the sum of Five Thousand Dollars and no 100 IU.S, 10.000.OD) debt s evidenad by Borrowers Note dated the same date as this Secunty Instrument ('Seoand 11, to 013'), whid provides for monthly payments, with the Wei debt, If not paid earlier. due and payable on sal• of )ar rfy, rafinanas, or loss of hoaaatoad azoas tion . This Security Instrument secures to Lender: (a) the repeynent d the debt ewesnosd by the Nola, with Interest. and ON rsnewwtls, extensions and modifications; (b) the payment of an other sums, with inlrest advanced under paragraph 7 to prolled the security of to Security Insthrnent; and (c) the performance of Borrower's covenants and agreements under this Security instrument and the Now For On purpose. Borrower does hereby second mortgage, grant and convey to Lando, the fobondrp described property located In Collier County, Florida. As more PweculadY downed as Golden gab Est Unit N 8 Taft of TR 33, and which has the address of 4400 10" Ave. WE ('Property Address'): ..,, Nepws, FL 34120 ion ir+n ion TOGETHER WITH AN the improvernents now or hereafter erected on this property, and all easements, rights, appurtenances, rents, royaiYe9, rinse, oh end ON rights and irons, water rights and stock and ah fixtures now or hereafter a part of the property. All repiaOSmSns and sddlNOrs 911311 also be covered by the Security Instrument, All of to forego rig is referred to in this Sewny, Instrument as the 'Prapst y'. BORROWER COVENANTS that Borrower is lawfully Boded of the estate hereby conveyed and has the right to mortgage, grant and convey, the Property and but the Property Is u xpep cumbrances of record. Borrower warrants and will defend generally to rte to is Property against all calms a� tr, ict Y 1 y¢tstranoes of record. THIS SECURITY INSTRUMENT combs hai9dicton to oor a uniform security instill real 'nand non truism covenants with limited varwbah by stNtrte property. fy� UNIFORM COVENANTS. Borrower covenant and agree as 1. PsytMnt of Principal on I ltkinst; and Lab Charges shall promptly pay when due the principal of and Interval on the debt evidenced by the N6te• a6j 2. Tames. The Mortgagor Wit y taxes, sewer nts or tsr 1011 prior to the accrual of any penalties or interest thereon. The Mortgagor shah pay or ca b id, y , ( N1) am taxes and governmental charges of any kind whetaoaver which may at any In y . t tl� to the Property, (2) all utiYty, and other, dwDes, Including *Nwvlw charges'. in i main ;4L occupancy. upkeep and improvement of the Property. and (3) all assessments or sl y to h InsWktents over a period of years, the Mortgagor shat be obligated under the to pay or cause to be paid ly lister as are required a be pail during the tens of the Mongage, and shall, promptly after, t of any of the forapokq to 004itgpee evidence or such payment. 2. Application of Pay MS. ble law provktes I pf�ln(s received by Lender shah be applied; first, to interest due; and, to principal due; and lest b ch w9m due under the 4. Charges; Lena. Borrower slue assessment, dhargata 3ptW mpoa b" attributable to to Property *hsch may atakh priority own fit Security Indrument, payments or if any Borrower shah PMMOY furnish to tender all rhotae w amounts to be pelf under els ymens. Borrower shao pro npty dradherpe any lion city instrument unless Borrower: (a) agrees in writing to to payment of On abNgetlon secured by ew Yen in a rather ; (b) consists in good faith to lien by, or defends against allonearnrd of to Yen h, Ngd proceedings wt ucm in the Lerhders apWorh operee b prevent the enforcernent of to Yen; or (c) secures from to tmldar of the Non an agreement sabewatory a Lander subordinating the Men to this Security Instrument. If Lender determines that any Part of tw Property is 9ublecit to a Yen which may attain priority over ew S*cu ty Instrument, Lender may Pea Borrower a notice dentifying In tan. Borrower shell pYsy the ban or take ons or more of the action all forth above wdthin 10 days of the giving of notice. & Retard or Property Insurmoa. Borrower shall keep Ow Improvements now exshng or hereafter eroded an to Property Nelaed spekat Ions by ire, hazards indlrlod within the arm 'extionded coverage' and any other hazard$, indudirtg floods or flooding, for which Lender requirm Insurance. This Insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance ON" Puvft hg the Irenrance shall be croon by Bomawer Subject to Lender's approval which 00 mkt be gnraaaonfbly withheld. It 80naaer raft to maintain coverage described above. Lender may, at Lender's opecn, obtain covere90 to PrOWO Lenders rights in to Prop" N socordrae with paragraph 7. At all tlmes that the Nos is outstanding. the Mortgage sham maintain irieurence with respect to the Promises spehet such Asks and for such amounts as are cuetorn" inured against and pay, as Me scone become trite and payable, all prernkrms in rasped thereto, including, wt not mmled 110. all -d" Insurance Protecting the inheress of the Mortgagor and Mortgages against lose or u1 e 101hll PmnWa by tiro, lightning, and other cuuahift customarily insured against (including ing boiler explosion, it appropriate), with a inform standard extended coverage endorsement, induding debris removal coverage. Such insurance at all tines to be in an amount not less tan rho huh replacement rust of the Prarrdses, exclusive of tootnps and farndahons. AN ins rarm poYclos and renewals shall be acceptable to Lender and shah include a standard mortgage Clause. Lender shall have es Aphd to hold to policies end renewals. If Lender requires. Borrower shah promptly give b Lender all receipts of paid premiums and "pe"al noaoes. M to ~10"088- Bomovwr shall give prompt nohas to the frrourance carer and Lender. Lender may make proof of loss If not nude plot Willy by Borrower. Unless Lender and Borrower otherwise some in writing. Insurance proceeds shall be applied to restoration or repair of to Property draped, t tw res1, Non or repair is economically fee@" and Lo dens security s not lessened. If the restoration or repair is not aoorhamltafy esMble or Lenders security would be lessened, to Insurance proceeds shall be applied to the sums secured by the Security hu*u mwrhl whatwr or not ten due, with any excess paid to Borrower. If Borrower, abandons the Property, Of does not answer within 30 days s notes from Lender that the insurance owner has offered to Sete a claim, then Lender may coed the insurance proceeds. Lender Rey we tea proceeds to repair or restore the Property or to Pay suns secured by this Security Instrument, whether or not tun due. The 30- ,rw ,^ZW UMW : Z and .°�v. :.,...; :"t.'^w•�:w - —:''W PrthclPai ehet not extend or postpone to due date of to Mort 'hI P ti• or hang. tear, amount a "ua u, Pa7mwMt. t ado paragraph 21 the tell psyowe s rderred to In Insurance po 1 or and the amount rf ire Property s acquired by Lender, Borrowers right to any inaurerKe pdicies and prooesds resulting from dammp* to 00 Property Prior to the adtpuWton Shall Pass to Lender to the extent of the sums secured by ids Security Instrument immediately prior to the aoenslYon. A Oonperey, Pneservaton. Maintenance and Probotlon 00 the Property; Borrower'* Loan Appitoa0on, Laseudtdds; 80nmrrer aide occupy, establish. and use the Property as Bortoware prYhppai residence within sixty days &her the execution of sus Security Instrument and dal continue to occupy to Property as Somawrora principal residence for at Mast one year other the Bete of occupancy. Corder otherwise agrees, in writing. which consent shah not be unreasonably withheld, or unless exterxwtirg drcirrhstarmdxs exist which we beyond Sonowers control. Borrower shah not destroy, dfmage or kmpew the Property, allow the props ru ti d circu st, c eortvnit WWI* on Packet Page -2656 - cchp3ed.w 1 C 9/23/2014 16.D.14. the property. Borrower shall be in default if any torteiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith judgment could result in forfeiture of the Property or otherwise -atonally 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 u tom dismissed with a ruling tat, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property material impairment at the lien created by this Security Instrument or Lander's security interest. Borrower shall also be in default if Borrower, during the ban application process, gave matenally false or inaccurate information or statements to Lender (or tailed to provide Lender with any malarial information) in connection with the loan evidenced by the Note, including, but riot limited to, representations concerning Borrower's a= panty of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee Ube shall not merge unless Lender agrees to the merger in writing. 7. Protection of Landers 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 o protect the value of are Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien when has priority over this Sewrity 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 shag 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 to Note rate and shall be payable, with interest, upon notice from tender to Borrower requesting payment. S. Mod~ Insurance. If Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be In effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an altemate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one•twsfflh 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 emount and for the period that Lender requires) provided by an insurer approved by Lender again becomes avababls and is obtained. Bo rower 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, g. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the Onto of or prior to an inspection specityiriv reasonable cause for the inspection 10. Condemnation. The proceeds of a �f amages, direct or consequential, in connection with any cordemvabon or other taking of any part of fie P �.. I condemnation, are hereby assigned and shall be paid to Lender. in tiro event of a total taking of the P s she sums secured by this Security Instrument, whether or not then due, with any excess paid to me event of a partial ifg Property. in which the fair market value of the Property immediately before the taking is I greater than the amount of su secured by this Security Instrument immediately before the taking, unless Borrower and Le r lwis• apree�in writing, the sums s y this Secuhty Instrument shall be reduced by the smou nt of the proceeds multiplied b she Doll ti, :'�"Ote'1 amount f the ums secured immediately before the taking, divided by (b) the fair market value of propbrtY immedia I the ► g AIiy ore shtallerig isaless than amount of the sums ower, in the event of a partial taking of the Property in which fair secured imvroftMly for the taking, un L i 'n Or riless applicable law otherwise provides. the proceeds shah be applied to the surni y ON ty or t sums are then due. Unless Lender and Borrower otherwise agree in writing, a opal s all t i or postpone the due date of the monthly payments referred to in paragraphs 1 or mqun eh ts. 11. Born~ Not Released nor By Lender Not atv E of to time for payment or modification of amortization of Otte sums secured by this Instrument grankd by L to ny in interest of Borrower shall not operate to release to liability Of the original B s successors in i et. L r It not be required to commence proceedings speech any wasesor In interest or Sol time for payment or oft I monizathon of the sums secured by this Security Instrument by reason of any demand made net Borrower or Bart ,;�i b�;��so ssors in interest. Any forbearance by Lender in exerd" any right or remedy stall not be a Wei a the ex 1� 1 or remedy. 12. Successors and Assigns Igners, The covenants and agreements of this Secury InsM~t shall bind and benefit the successors and ass over, subject to the provisions of paragraph 17. Borrowses Covenants and agrsemen all 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 to Property under t ache ender of and any other InBorrowernmay agreelo personally obblIatea to pay ft sums extend, modify, forbear or ake anyyaaccommodations with Instrument; and (c) spree regard to the fame of iris Security Instrument or the Note without that Borrowers consent. 13, Loan Charges. If to ban secured by this Security Instrument is subject to a taw, which sets maximum loan charges. and that law is (molly interpreted so that the interest or other loan charges collected or to be collected in Connection with the ban exceed the permitted (knits, tan; (a) any such ban charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums alreedy collected from Borrow which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this retund by reducing ire 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 to Note. 14. Nodes. Any notice to Borrower provided for in this Security Instrument shat be given by delivering it or by mailing it by first fuss 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 ill. Governing Law; Sevembitlyr. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property, is located. In to event that any provision or douse of this Security Instrument or the Note conflicts with applicable law, such coned shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this snd the provisions of this Security Instrument and the Note are declared to be severable. Ill. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 17. Transfer of the Property a a Beneficial Interest In Sommer. If all or any part of the Property or any interest in t i s sad or aaraferred (or t a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) Without Lender's prior wnnen consent. Lender, may, at its option, require immediate payment in full of all sums secured by tnis Security Instrument. However, this option SW not be exercised by Lender if exercise Is prohibited by federal law as of the data of this Security Instrument. It Lender exardw this option, Lender shalt give Borrower ,let d aeeenerahm. The notice shall provide a panad of not less than 30 days train to dale to notice is delivered or mailed within which Borrower must pay all sums secured by this Security instrument. If Borrower tails to pay Chess suns prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 1i1. Samovars Right to Reinstate. It Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Seemly Instrument discontinued at any fine prior to the earlier of : (a) 5 days (or such other period as applicable law may specify for rehstalsi entl before sale of the Property pursuant to any power of sale contained in this Secunty Instrument; or tb) entry of a judgment ontardng ids Security Instrument. Thoue conditions are that Borrower: (a► pays Lender all sums which ten would be due under this Security Instrument and the Note as if no acceleraton had occurred; (b) cures and default of any other covenants or agreements. (c) Pays 311 expereas khcurrod 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 fie lien of this Security Instrument, Lenders rights in the Property and Borrower's obligation to pay the sums segued by ids Security instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obilgatons secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the can ofadoaleratbn under paragraph 77. Packet Page -2657- ccbpSed.up 9/23/2014 16. D.14. 10, Sale of Note; Clangs of Loan Samiesr. 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 of more changes of the Loan Servieer unrelated to a sale of the Note. If two 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 Servlcer and the address to which payments should be made. The notice will also contain any other information required by applicable taw. 20, Nasardous 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 of 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 hams, 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 remed131 acbms in accordance with Environmental Low. As used in this paragraph 20, 'Hazardous Substances' are those substances defined as toxic or hazardous substances by Environmental Low and the following substances: gas dine, kerosene, other flammable or toxic petroleum products, toxic pesbades and herbicides, volable solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20. 'Environmental Law means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non -existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrtrrrlant 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 de title evidence. 22. Release. Upon payment of all sums secu red `rument, Lender shall release this Security Instrument. without charge, to Borrower. Borrower shall pay any roeordati Ti 23. Attorneys' Fees. As used in IN S 1 tttlks. eye' fees' shall include any atorneys' tees awarded by an appellate court. 24. Rldsro to this Security Instru 0 1 or more riders are exec rower and recorded together with this Security Instrument, the covenants and agreements each d uch rier shall be incorporated in and lehiall amend and supplement the covenants and agreements of this Security Instrument as if a r( re a pert of tills ity Instr nt. Check Applicable Box) RBv � car - Adjustable Rate Rider t e We Con i um Rider +I, - Graduated Payment Rider F mi y r econd Horne Rider - Balloon Rider O P y ider �.r tanned Unit Development Rider r . I - Other(s) (specify � SIGNING BELOW, Borrover accepts and sf the terms and covenants n this Security Instrument 'and in any rider(S) executed by Borrower and recorded with it. t, Signed, waled and delivered in the presence of: Cl RC } � Witnesslfl f /; ( WitnessN2 Signature: i (ft! �1_ Signature: , 22e y ✓1 A L,,e '"2 Borrower: Reyna Lopez Address: "5010' Ave NE. Naples FI 34120 STATE OF r le&"da— COUNTY OF 0 I hereby certify that on this day, before me, an officer duty authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared ZReyna Lopez e , to me known to be the person(s) described in and who executed the foragoing instrument and acknowledged before me that HE I SHE 4xecuted the same for the purpose therein expressed. WITNESS my hand and official seal in t is County pnf� State aforesaid tf�is day of .199— My Commission Expires: 1 �' MYRMFp►bf61! �re� - - -- Notary's Printed Name MYRtAM M. INVI my Comm Exp. n5P12lmo ( Sanded BY SwMe Ins No. CC556613 I I Mrwwry Kerns i 100. 1 D Packet Page -2658 - ccbp3ed.W 9/23/2014 16.D.14. Prepared by: Mandy Moody Collier County Housing & Human Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Reyna Lopez to COLLIER COUNTY, recorded on 03/17/1.998 in Official Records Book 2399, Page 0518, of the Public Records of Collier County, Florida, securing a principal sum of $5,000 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - 2014, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK By: , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney\ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 0 TOM HENNING, CHAIRMAN Packet Page -2659- V\ Retn; EXPRESS / HD EX FIRST AKIRICAR TITLE 4800 RIVERSIDE DR FALK BEACH GAIDIES FL 33410 414276 OR; 4395 PG- 2744 RECORDED in the OFFICIAL RECORDS of COLL 9/23/2014 16.D.14. 09123/2008 at 12:11M OWIG87 E. BROCE, u,axrn Mill 401134v RIC FBI 35.50 DOC -,35 18,15 SECOND MORTGAGE THIS SECOND MORTGAGE ( "Security Instrumenr) is given on , 2008. The Second Mortgagor is: Lazaro Lugo, a single man ("Borrower"). This Security Instr cent 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 Twenty Two Thousand Four Hundred Eighty Five and 00 /100 Dollars ($22,485.00) . This debt is evidenced by Borrowers Note dated the same date as this Security Instrument ("Second Mortgage•), which Provides for monthly payments, with the full debt, if not paid earlier, due and payable on sale of property refinance or loss of homestead exemption . This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, wdh 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 PsrticutaAy described as Golden Gate Eat, Unit 71, E 105FT OF TR 75, Collier County, Florida and which has the address of, ("Property Address "): 3570 20th Ave NE Naples FL 34120' TOGETHER WITH all the improvernents now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shah 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 Late hereby conveyed and has the right to mortgage, convey the Property and that the Property is unertcrunbe � r of record. yBorower warrants and will ndg ant and the title to the generally Property against all chins and dam record THIS SECURITY INSTRUMENT combin ^t'venants for nor �i non - uniform covenants with limited variation by jurisdiction to mrgtit rte a uniform security inst ring real Property. UNIFORM COVENANTS. Borrower ai 9/23/2014 16.D.14. on. ZJJJ rv• LIZJ judgment Could result in forfeiture of the Property or otherwise materially impair the lien created by this Secuity InsWment or Lenders security interest Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the actiorn 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 Lenidees security interest. Borrower shall also be in default if Borrower, during the ban application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material �information) in Connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy � perly as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the Provisions the lease. aoquires 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 Lendees Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security InaWrnent, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to PrOW the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' 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 shell become additional debt of Borrower secured by this Security Instrument Unless Borrower and Lender agree to other terns 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. 11. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan severed by this Security coverage required b Lendrl lapses premiums required to maintain the r mortgage s ll pa insurance u effect If, for any reason, the mortgage insurance Y lapses or ceases to be in effect, Borrower shall pay the alem� nhsCD red to obtain coverage substantially equivalent in the mortgage insurance previously in effect, pr a cost substantially equivalent to the cost to Borrower of the mortgage insurance reviously availabe, in shall pay to Lender month a s roved by Lender. If substantially equivalent mortgage insumsnce coverage is not equal to One of the yearly mortgage insurance premium being paid by Borrower when the' 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. od that Lende reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the requires) provided by an insurer approved by Lender again becomes available and is obteIrtsd. Borrower shall pay premiums required to maintain mortgage insurance in effect or to provide a loss reserve, until the requirement for mortgage insurar►oe ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. lospection. 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 prooecds of any award or claim for damages, direct or consequential, in correction with any condemnation or other taking of arty 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 d by this Security Instrument immediately before the taking, unless Borrower and Larder otherwise agree in writing, the srarha t ' e tnsWment shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount 9 before the taking, ivided Of the Property immediately before the taking. Any n9 g f t the fair market value the fair market value of the Property immediately taki is the r.o a event m a partial taking di the Property in which rig the sums secured immediately ter the taking, unless Borrower and Lender otherwise agree in unless applicable law o pro :des, the proceeds shall be applied to the sums seared by this Security Instrumient whether or t sIt n Un Le and t, mower otherwise application of proceeds to principal shall rat to f m pa�v nts referred to i^�� n writing, any the amount of such payments. paragraphs 1 or change 11. Sol owes Not Released, F o s the time for payment or modification of amortisation of the morns secured by this r y interest uN Borrower shall not operate d release the fie oOesof the Internal Borrower, s s i i t she t required to commence proceedings against nt by reason r f Merest or refuse t all .. lion of the sums secured by this Security Instrument by reason r any demand made b rigior Borrower or Born s s asgf hr' Brest. Any forbearance by Lender in exercising any right or remedy shall not be a �pf or preclude the exercise anyr' h redly. 12 Successors and Assigns Sou •4% t and Several Liability` r Covenants and agreements of this Security Instrument shall bind and benefit the successors igns of Lender and BO to the Provisions of paragraph 17. Borrowers cove^an nts shall be joint a Any Borrower who co-signs this Security Instrument rt does not execute the Note; (a) i ew,rity Ins mortgage, grant and convey that Borrowers interest in the Property under the terms of this Security Ins ro Cob to pay the sums secured by this Security Instrument; and is agrees that Lender and any other Borrower may w ar or make any accommodations with regard to the terms Of this Security Instrument or the Note withal that Borrowers comae 13. Loan Charges. If the ban 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 limb, 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 time Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph 15. Governing Law; Severabiltty. 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 and the provisions of this Security Instrument and the Note are declared to be severable. 16. Bonewees Copy. Borrower shall be given she conformed copy of the Note and of this Security Instrument 17. Transfer of the Property or a Senefkial Interest In Borrower. If all or any part of the Property or any interest in d is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in full of all sums seared by this Security Instrumettt. However, this option shall riot be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from tha date it* notice is delivered or mailed within which Borrower must pay all sums seared by this Security Instrument. If Borrower fails to pay these suns prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instnxttent without further notice or demand an Borrower. 1s. Borrosrses RWn to Reins im. 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 0 no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays an expenses incurred in enforcing this Sociality IrtsWment, Including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may neasonabty require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shaft continue unchanged. Upon reinstatement by Borrower, this Security Instrmmment and the obligations secured hereby shell 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 Sery cer. 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 Servieer, Borrower will be given written notice of the charge in accordance with Packet Page -2661- 9/23/2014 16.D.14. cu. 010 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 taw. Substances onHm n the Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Property. Sonovuer shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Emnromriental Lave• 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 Hazardous Substance Somcr e ll ams, oche P �� by any governmental a regulatory authority, that any removal or other rermeddistion of any affecting 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 heath, 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 rot 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 notioe shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose sus Security Instrument by judicial proceeding. Lender shall be entitled to coiled all expenses incurred in pursuing the remedies provided in tut paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court 24. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agrsements of this Security Instrument as if the rider(s) were a part of this Security Instrument (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Rate improvement ❑ Condominium Rkler ❑ Graduated Payment Rider ❑ 1-4 Family R' � c® Second Home Rider El Balloon Rider El Biweekly r nit Development Rider ❑ Other(.) (specify SIGNING BELOW, Borrower accepts and ag t the terms its fired in t is Serxurity Instrument and to any rider(s) executed by Borrower and recorded with it Signed, sealed land delivered in the Tpresen of. �% wnnessiiii: /"fir- ?A-P -1 7 Ru i �!� k (1—', .ter" !/ — a Signs re:_�,�lti� wtress#2: Ad4ld Z),e J— signature: 1 y Signature: C Address: 3570 209° Ave NE STATE OF FLORIDA Naples, Florida 34120 COUNTY OF 00 1 r 1— 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 Lazaro Lugo to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that (He/ shel they) executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid day of My Commission Fires Note lie's Sig re — (Seal) Notary's Printed Name NOTARY PUBLIC -STATE OF FLORIDA Mercury Trujillo Commission # DD519459 Expires: FEB. 16, 2010 Bonded Thru Atlantic Bonding Co., Inc. File #: 08 -118 Packet Page -2662- OR, 9/23/201416. D. 14. EXHIBIT "All The East 105 feet of Tract 75, GOLDEN GATE ESTATES UNIT NO. 71, according to the plat thereof, recorded in Plat Book 5, Page 7, of the Public Records of Collier County, Florida. cou 0 I 1-0�3' ' 1�1* - rl C File No.: 1001-1973183 Packet Page -2663- 1'repared by: Mande Moody Collier County Housing & Human Services 3339 E. Tamiami Trail Naples, FL 34112 SATISFACTION OF MORTGAGE 9/23/2014 16.D.14. 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 Lazaro Lugo to COLLIER COUNTY, recorded on 09/23/2008 in Official Records Book 4395, Page 2744, of the Public Records of Collier County, Florida, securing a principal sum of $22,485 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2014, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERIC 0 , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney�,� BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TOM- HENNING, CHAIRMAN Packet Page -2664- da 00 O «0 + ttOpp p 0O CO U S p 10 O O 1D m N O1 m o n m �o �o o 0 8 a a o �0 W 3'0 sol 5I o O r a a a a -a z z 199 xx n -v m N w m 0 0 3 o �a a W = '= o ox 0 0 q N E E aa° �o m n1 ri x x of u 0 u u z z i� c 0 0 c m z z z z o w V' l7 g o io 10 m m �n m m en m m m m q o m ro N N m m r[ n n 6rt N N Packet Page -2665- 9/23/2014 16.D.14.