Agenda 02/26/2013 Item #16D 32/26/2013 16.D.3.
EXECUTIVE SUMMARY
Recommendation to approve two (2) satisfactions of mortgage for the repayment of loans awarded
through the State Housing Initiatives Partnership "SHIP" Purchase Assistance program in the
amount of $5,500.
OBJECTIVE: Remove liens from properties.
CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), 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 a 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 below details the associated mortgages that have been repaid in full, as such; a
satisfaction of mortgage is required.
Name
Loan
Date of
Payoff
Public Record
Amount
Mortgage
Received
Jose A. Gutierrez
$3,000.00
7/27/2009
$3,000.00
OR Book: 4475;
PG: 2700
Tomas & Norma Lee
$2,500.00
09/04/1996
$2,500.00
OR Book: 2224;
PG: 1138
Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of mortgage
and the executed documents shall be recorded in the Public Records of Collier County, Florida.
FISCAL IMPACT: SHIP funds in the amount of $5,500.00 have been repaid and are considered
program income. Such funds will be deposited into Fund 791, Project 33222.1 and may be reused for
eligible SHIP program activities.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
action. —JW
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: The Board of County Commissioners approve and authorize the Chairwoman
to sign two (2) satisfactions of mortgage for owner - occupied affordable housing unit that repayment in
full has been provided to Collier County
Prepared By: Priscilla Doria, Grants Coordinator, Housing, Human and Veteran Services
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2/26/2013 16.D.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.3.
Item Summary: Recommendation to approve two (2) satisfactions of mortgage for the
repayment of loans awarded through the State Housing Initiatives Partnership "SHIP" Purchase
Assistance program in the amount of $5,500.
Meeting Date: 2/26/2013
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
1/18/2013 1:42:38 PM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
Name: DoriaPriscilla
1/18/2013 1:42:39 PM
Approved By
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 1/21/2013 3:31:08 PM
Name: LarsenKathleen
Date: 1/22/2013 8:50:24 AM
Name: SonntagKristi
Date: 1/24/2013 8:42:53 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 1/31/2013 8:42:44 AM
Name: AckermanMaria
Title: Senior Accountant, Grants
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Date: 1/31/2013 8:54:42 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 2/5/2013 10:04:02 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 2/12/2013 9:18:09 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/14/2013 5:00:08 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 2/15/2013 2:42:15 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 2/15/2013 6:30:44 PM
Name: OchsLeo
Title: County Manager
Date: 2/16/2013 3:36:27 PM
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2/26/2013 16.D.3.
Prepared by:
Collier County
Housing, Human Q Veteran Services
3339 E. Tamiami Trail
Naples, FL 34112
SATISFACTION OF MORTGAGE
2/26/2013 16.D.3.
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 JOSE A. GUTIERREZ and CARMEN GUTIERREZ to COLLIER
COUNTY, recorded on July 27, 2009 in Official Records Book 4475, Page 2700, of the Public Records
of Collier County, Florida, securing a principal sum of $3,000.00 and certain promises and obligations set
forth in said Mortgage, upon the property situated in said State and County described as follows, to wit:
Legal Description: Unit 325, Building C of Marbella, a Condominium, according to the Declaration
of Condominium thereof, recorded in Official Records Book 1599, Page 306, and any amendments
thereof, of the Public Records of Collier County, Florida (3311 Europa Drive, Unit 325, Naples, FL
34105)
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and
surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of
record.
This Satisfaction of Mortgage was approved by the Board of County Commissioners on -
ATTEST:
DWIGHT E. BROCK, Clerk
2013, Agenda Item Number.
, Deputy Clerk
Approved as to form
and legals"`pfficiency:
Jeff E.i Wright
Assisted County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
I:
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
Packet Page -1663-
Prepared by:
Collier County
Housing, Human & Veteran Services
3339 E. Tamiami Trail
Naples, Fl.. 34112
SATISFACTION OF MORTGAGE
2/26/2013 16.D.3.
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 TOMAS LEE AND NORMA LEE to COLLIER COUNTY, recorded on
September 4, 1996 in Official Records Book 2224, Page 1138, of the Public Records of Collier County,
Florida, securing a principal sum of $2,500 and certain promises and obligations set forth in said
Mortgage, upon the property situated in said State and County described as follows, to wit:
Legal Description: Lot 21, Block 86, Golden Gate, Unit 3, according to the Plat thereof, of record in
Plat Book 5, Page 97 through 105, of the Public Records of Collier County, Florida. (2841 47th
Terrace SW, Naples, FL 34116)
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and
surrenders the same as cancelled, and hereby directs the Cleric of said Circuit Court to cancel the same of
record.
This Satisfaction of Mortgage was approved by the Board of County Commissioners on -
2013, Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk GEORGIA A. HILLER, ESQ, CHAIRWOMAN
Approved as to form
and lie 1su�f�fi'ci�e>acy:
.Leff Lyright
Assistant County Attorney
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INSTR 4323478 OR 4475 PG 2700 RECORDED 7/27/2009 10:20 AM PAGES 3 2/26/2013 16.D.3.
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC @.35 $10.50 REC 527.00
OBLD $3,000.00 OBLI $0.00
JUN /24/2009/YiED 02:26 Phi L Excellence Realty FAX No, 2393480834 P. 003
SECOND MORTGAGE
THIS SECOND MORTGAGE ("Security Instrument") is given on day of 20D9, The Second Mortgagor is:
Jose A. Gutierrez & Carmen Gutierrez, a married couple
('Borrower"). This Security Instrument is given to Collier County ('Lender'), which is organized and existing and
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 Xib"s Thousand and 001100 Dollars ($3,000.00).' This debt is evidenced by
Bonoweu's Now dated the same date as this Security Instrument ( -Second Mortgage "), which provides for monthly payments, with the full dab
If not paid earlier, due and payable an sale of proparby, rofinaoce, or loss of homestead amemption .
This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with Interest, and ail renewals, extensions
and modifications: (b) the payment of aft other sums, with interest advanced under paragraph 7 to protect the security of the Security
Instrument and (c) the performance of Borrowefs covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower does hereby second mortgage, gram and convey to Lender the following described property located in Collier _County, Florida
As more par iculady described as Marbeua,a Condominium ift32$, Collier County, Florida and which has the address of
("Property Address'); 3311 't3aropa Drive 'Unit 325, Naples Florida 34105
TOGETHER WITH all the improvements now or hereafter erected on the Property, and all easements, rights, appurtenances, rents,
royalties, mineral, oil and gas rights and profits, water rights and stock and ail @cures now or hereafter a part of the property. All replacement
and additions shaft also be coveted by the Security Instrument All of the foregoing is referred m in this Security Instrument as the "Property".
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the tight to mortgage, grant and
convey the Property and that the Property is unencumberedpt for encumbrances of record. Borrower warrants and will defend generally
the tide to the Property against all claims and demands,Iiir tIxt encumbrances of mcord.
THIS SECURITY INSTRUMENT combhrae'a Ligl6rtniiirf a' a fors national use and non-uniform covenants with limited variation by
jurisdiction to constitute s uniform security ln�b�agenfnasering real p'ivp�ity: `
UNIFORM COVEMNTS. Bo nder covenant and adre` )Dhows:
an
1. Payment of Principal dfrlt� payment and Late Charges. Borrower shall promptly pay when due the principal of and
interest on the debt evidenced by the No {e. / r `` \\
2. Taxes. The Mortgage r vn (pay ll tm l esamanis, r rents a` watsrrates prior to the accrual of nary perwhies or interest
thereon. I' 1 '
The Mortgagor shall pay or tK rt�theita s vary oome�rlus. (A)(1) all takes and go ernmental charges of art,
kind whatsoever which may at any ti be lyna�o t wi epatrfat u rasped to the Property. (2) all uuTrty and other charges,
including'senrice charges ',incurred to a co , njaintena ceu us tocoupancy, upkeep and improvement at the Property, an
(3) all assessments or other govemm� ar9e4 thafmay (avvfuilykSe pai&`Ilvl&L4n4re14ts over a period of years, the Mortgagor shrill be
obligated under the Mortgage to pay to be pair only such Instlfllmerdra as squired to be paid during the term of the Mortgage, and
shall, promptly after the payment of e�fomgoing, forward to Md,,#pagee, a)r(di(tpa crouch payment
3. Application of Payments. tress appllcebis law pm vIdaZn'I>,gi "s,tetx'paymems receiver( by Lender shall be applied: first, to
interest due; and, to principal due; and la ja an ate charges due under Ch6i4oie'
4. Charges,, Liens. Borrower shall §�(faeces assesamerrts -, ' `rg95;tinas and impositions attributable to the Property which ma'
attain priority over this Security tnstrumem anuTlefitaf)oIf ants f}hiun torrts, if any. Bortowerahah promptly furnish to Lender all
Hallos of amounts to be paid undortfde paragraph arr��digLe �vldanung the payments.
Borrower shall promptly discharge any lien whidrt=s prkrify over this Security Instrument unless Borrower. (a) agrees In writing to
the payment of the obligation secured by the ben In amanner acceptable to Lender, (b) contests in good faith the lien by, orderfends against
enforcement of the ken In, legal proceedings which in the Lenders opinion operate to prevent the enforcement of rite lien: at (c) secures from
the holder of the.lien an agreement satisfactory to Lander subordinating the Ilan 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, Lander may give Borower2 notice Identifying the lien,
Borrower shah satisfy the lien or take one or more of tha'actions set forth above within 10 days of the giving of notice.
6. Hazard or Property Insurance. Borrower shall keep the improvements nowexisting or herea0arerected on the Property insured
against loss by fire, hazards included within the term "extended coverage" and any other hazards, Including floods or flooding, for which under
requires insurance. This Insurance shall be maintained In the amounts and for the periods that Lender requires. The insurance carver
providing the Insurance shalt be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. if Borrower falls to
maintain coverage described above, Lender may, at Lenders op0on, obtain coverage to protect Lenders rights in the Property In accordance
with paragraph 7. At sit times that the Note Is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such
risks and for such amounts as ate customarily insured against and pay, as the same became 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 low or damage to the Premises
by fire, lightning, and other casualties customarily Insured against (including boiler explosion, if appropriate), with a unlferm standard extended
coverage endorsement, Including debris removal coverage. Such Insurance at ail times to be in an amount not leas than the full replacement
cost of the Promises, exclusive of footings and foundations.
Ail insurance pandas and renewals stall be acceptable to Lender and shall include a standard mortgage clause. Landershall have
the fight to hold the policies and renewals. If Lender requires, Borrower shall Promptly give to Lander all receipts of paid premiums and renewal
notices_ In the event of loss, Borrowershall give prompt notice to the Insurance carder and tender. 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 iha Property
damaged, if the restoration or repair Is economically feasible and Lenders aecrrrtty is not lessened. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the Insurance proceeds shag be applied to the sums seared by the Security
Instnxnent, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, ordoes not answer within 3D days
a notice from leader that the Insurance carrier has offered to settle a Jahn, then Lander may collect the insurer= proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30day period
will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not
Wand or postpone the due date of the monthly payments referred to In paragraph 1 or change the amount of the payments. If underparagraph
21 the Property is acquired by Lender, Borrower's light to any insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent or the sums secured by this Security instrument immediately prior to the acquist ion.
S. Occupancy, Preservation, Maintenance and Protection of the Property; Dorrowar's Loan Applicaian, Leaseholds. Borrower shall
occupy, establish, and use the Property as Sonowees principal residence within sbdy days after the execution of this Security Instrument and
shell continue to occupy the Property as Borrower's principal residence for at least one year after the date of ocxupmrcy, untess Lender
otherwise agrees In writing, which consent than not be unreasonably withheld, or unless erdanuating circumstances mist which are beyond
SOnIm"l'a 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 forfelturs action or proceeding, whether civil or criminal, is begun that in Lender's good faith
judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Landees security
interest Borrower may cure such is defauftand reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed
with a ruling that in Lenders good faith determination, precludes forfeiture of the Borrowars Interest In the Property or other material
impairment of the hen created by this Security Instrument or Lender's security Interest. Borrower shalt also be In default If Borrower, during the
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OR 4475 PG 2701
JUN /24/2009AED 02:27 FM L Excellence Realty FAX No,2393480034 P. 004
2/26/2013 16.D.3.
loan application process, gave materialty false or insomr'Jte information or statements to Lender (or failed to provide Lander with any mmeria
Information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrowers occupant
of the Property ac a principal reskienee. If this Security instrument is on a leasehold, Borrower shall comply with all the provision otttte lease
it Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing,
7. Protection of Lenders Rights In the Property. If Borrower falls to perform the covenants and agreements contained in this
Security Instrument, or there b a legal proceeding that may significantly offset Lender's rights In the Property (such as a proceeding In
bankruptcy, probate, for condemnation or forlialture or to enforce laws or reguiations), then Lender may do and pay forwhafaver Is necessary
Protect the value of the Property and Lender's rights In the Property. Lender's actions may include Paying any sums aecured by a Gen which
has priority over this Beeurity Instrument, appearing in court paying reasonable aNmneya' fees end entering on the Properly to make repairs.
Although Lander may take action undertNs paragraph 7, Lander does not have to do so. Any amounts disbursed by Lender under this
paragraph 7 shall became additional debt of Borrower secured by this Security Instrument Unless Bomowgr and Lender agree to other terms
of payment, these amounts chaff bear interest from the data of disbursement at the Note rote and shall be payable, with interest, upon notice
from Lender to Borrower requesting peymont.
8. Mortgage Insurance. if Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the motgage Insurance In effect. It for any reason, the mortgage Insuramc
coverage requited by Lender lapses or ceases to be In affect, BOmlwer 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 affect, from an alternate mortgage Insrmerapproved by Lander. If eubstardialy equivalent mortgage Insurance coverage Is not
available, Borrower shell pay to Lander each month a cum equal to one twelfth of the yearly mortgage Insurance premium being paid by
Bormwerwhen the Insurance coverage lapsed or sassed to be in effect. Lenderwill 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 oft ender, N mortgage insurance coveraga (n
the amount and for the period that Lender requires) provided by an Insurer approved by Lander again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect or to provide a loss reserve, until the requirement for
mortgage insurance ends In accordence With any wdHen agreement between Borrower and Lester or applicable tow.
9. Inspection. Lender or He agent may make reasonable entries upon and Inspections of the Property, Lender shall gore Borrower
notice at the lime of or prior to an Inspection specifying reasonable cause for the Inspection,
1g, Condemnation. The proceeds of any award or deem for damages, direct or consequisift), In connection with any condemnatie
or other taking of any part of the Property, or for conveyance In lieu of condemnation, are hereby assigned and shall be paid to Lander. In the
event of a total taking of the Property, the proceeds shall be applied to the sums 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 amormt of the sums secured by this Security Instrument Immediately before the taking, unless
Borrower and Lander otherwise agree In writing, the sums secured by this Seamy Instrument shag be reduced by the amount of the proceeds
multiplied by the following fraction: (a) the total anlountaflfnesarpsseprled Immediately before the taking, divided by (b) the fair market value
of the Property Immediately before the taking. � tf rTo4�crrowar. In the event of a partial taking of the Property in which
the fair market value of the Property lmmediettyy qe(,� jalang amount of the sums secured Immedfately for the taking,
unless Borrower and Lender otherwise agred)r�g Or unless app co I�Yvrs�rwlse provides, the proceeds shag be applied to the sums
secured by this Security instrument whet± the sums ere then due. Tess der and Borrower otherwise agree in writing, any
application of Proceeds to ntincipat shall fio(e or postpone the �m mthly payments referred to In paragraphs 1 or change
the amount of such Payments, yc��_
11. Bonovvsr Not Releae F ranee B I,er»ttsrNot a alvier. an on of the time for payment or modification of
amortization of the sums secured by this S n of ny ccessor in interest of Borrower shall not operate to
release the Debility of the original Bo (r o )n ' �es( Le *r hall not be required to commence prooeedings
against any successor in Interest or �i Ilene f r p a� 1 amortization of the sums secured by this Security
Instrument by reason of any demand by B n in interest Any forbamence by Lender in
eho7rdsing any right or remedy shah n t ray 4 waiver of or preclude th of �ro""�ht or remedy.
12, Successors and Assig .¢ ndi Joint and 6overal iHtyiq CoSipners. The covenants and agreements of this Security
Instrument shall bind and benefit the a a(a and assigns of Lerdatiif�d pt�o v�err/atArject to the
Provisions of paragraph 17. Borrowers tt Wrgs and agreements shah t Oirr�andse oral. Any Borrower who co-signs this Security
Instrument but does not execute the Note; I fgning Htis Scanty I only to mortgage, grant and convey that Bortomer Intense
in the Property under the terms of this �m GhsrlenlL(b Ism. ) rt ligeted to pay the sums sewed by this Security Instnrmant;
and (c) agrees that Lander and any other Bo cry rye to �, forbear or maka any aecammodatiorls with record to the term
of this Security Instrument or the Note without that B Ys
13. Lican Charges. lrthe loan secured by this Sewrfty Instrument is etrbjeetlo a low which sets maximum loan charges, and ghat
few is finally interpreted so that the interest or other loan charges collected or to be cogacted M connection With the ban exceed the permitted
Iltufs, then; (a) any such loan charge shag be reduced by the amount necessary 10 reduce the charge to the permitted Gmh; and (b) any amens
akeedy collected from Banowerwhlc h exceeded penndded Irnits wig ba refundad to Sonavrer. Landermay choose to make this refund by
reducing the prfnriral owed under the Note or by making a direct payment to Borrower, Us refund reduces principal, the reduction vwM bo
treated as a partial prepayment without any prepayment charge under the Note,
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by detivering H or by malfing H by first
class MON unless applicable law required usp of another method. The notice shall be directed to the Property Address or any other address
Banu"rdesignates by notice te Lander. Any notice to Lender shell be given to Borrower or Lender when given as provided In this paragraph.
15. Governing Law; SeveraWlity. This Security instrument shah be governed by federal taw and the law of the Jurisdiction In which
the Property is located. in the event that any provision or hdause ofthic Security Insbvment 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 proviabn. To
this end the proNeions of His Security Instrument and the Note are declared to be severable.
15. Borrowers Copy. Borrower shah be given one conformed ropy 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 is beneficial interest in Borrower Is sold Or transferred and Borrower is not a natural person) without Lender's prior written
consent. Lander may, at its option, require immediate payment In fug of aN sums sealed by this Security Instrument However, this option she[
not be exetdsed by Lender if warctse Is prohibited by federal law as of the data of this Security Instrument
If Lander exercised Oft Option, Lender shall give Borrower rheuee of 4=81oratlon. The notice shall provide a Period of not less than 30 days
from the date the notice Is delivered or malted within which Borrower must payoff sums secured by this Security Instrument. if Borrower fafis to
pay those sums prior to the expiration of this period, Lender my Invoke any remedies permitted by this Security Instrument without (urlhar
notice or demand on Borrower.
18, Bong"ea 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 Gamier of : (a) 5 days (or such Other period as applicable law may specify for
reinstatement) before axle of the Properly pursuant to any power of sate 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 H no acceleration had occurred; (b) arras and default of any other covenants or agreements; (c) pays all expenses
Incurred In enforcing M Security Instrument, Including, but not limited to, reasonable attorneys tees: and (d) takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument Lender's rights In the Prop" and Borrowers Obligation to pay the slants
secured by this Security Instrument shah continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligatioru
secured hereby shag remain fully effective es If no scceleraton had occurred. However, this light to reinstate shall not apply in the case of
acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest In the Note (together with this Security Instrument) may
be sold one or more limes without prior notice to Borrower. A sale may ►eouk in a change In the entity (known as the "Loan Serviau') that Asset
collects monthly payments due under the Note and this Security Instrument Theta also may be onto or more changes of the Loan Servicer
unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with
Paragraph 14 and applicable law. The notice will state the name and address of the new Lem Servicer and the address to which payments
should be undo. The notice wilt also contain any other information required by applicable )aw.
20. Hazardous Substances, Bosrewor chaff not cause or pemdit presance, use, disposel, storage, or release of any Hazardous
Substances on or in the Property. Borrower shall not do, nor allow anyone 0160 to do, anything affecting the Property that is In violation of any
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JUN/24/2009/VIED 02:28 Phi L Excellence Realty FAX No, 2393480834 P, 005
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 am generally recognized to be appropriate to normal residantlal uses and to mahmtenarrce of Property.
Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or
regulatory agency orprivate parry involving the Property and any Hazardous Substance or Environmental law cf whtch Borrower has actual
knowtedga, tf Borrower seams, or Is notified by any governmental or regulatory authority, that any removal or other remedlation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance with
Environmental Law,
As used In this paragraph 20. "Hazardous Substances' am those substances defined as toxic or hazardous substances by Environmental Lam
and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, talc pesticides and harblcides, volatile
solvents, materials containing asbestos or formaldehyde, and
radloactive materials. As used in this paragraph 20, 'Envirormtental Law' means federal laws and laws of the Jurisdiction where the Property
located that relate to health, safety or environmental protection.
21. Acceleration; Remedies. Lender shall giro notice to Borrower prior to acceleration following Borrowers breach of any covens
or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable low provides otherwise). The
notice shall specify: (a) the default; (b) the action required to cure the default; (c) a data, not leas than 30 days from the date the notice is g'm
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 fight to reinstate after acceleration and the right to assert in the foreclosure proceeding the norm- edstence. of a
default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured on cur before the date specified In the notic
Lender, at its option, may require Immediate payment in full Of ag sums secured by this Security Instrument without further demand and may
fcmdose this Security instrument by Judicial proceeding. Lender shag 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 tlts title evidence.
22. Release. Upon payment of all sums secured by this Security lnstrumeri , Lender shall release this Security instrument, without
charge, to Borrower. Borrower shall pay any recordation casts.
23. Attorneys' Fees, As used in this Security Instrument and the Note, 'altomeys' fees" shalt Include any attorneys' tees awarded I
an appellate court
24. Riders to this Security Instrument If one or more riders are exeadad by Borrower and recorded together with this Security
Instrument the covenants and agreements of each such rider shall be Incorporated into and shall amend and supplement the covenants and
agreements of this Security Instrument as If the rider(s) were apart or this security instrument (Check Applicable Box)
❑ Adjustable Rate Rider ❑ Rate. Improvement hider
❑ Graduated Payment Rider ❑ Condominium Rider
❑ 1-4 Family Rider ❑ second Home Rider
❑ Balloon Rider ❑ etweekly -Pa a t e - --
Other(s) (specify / __i ; / 1 Planned Unit Development Rider
❑
SIGNING BELOW, Borrower accepts a4 agfttes -10dhe -terms and covenants contained In this Security Instrument and in any rider(s) execute
a
by Borrower and recorded with IL / / L. '-11 \ 1
Signed, Seated and delivered in the
Bofinwdy�
Signature: "Pe armen�Y. D" Gutisz2
�� r'; \ < <, �
3311 ¢•gaga Drive Unit 325
STATE OF FLORIDA Naplea, Florida 34205
COUNTY OF COLLIER
i hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and In the county aforesaid to take
acknowledgements, personally appeared Jose A. Gutierrez and Carman V oe Gutierrez to me known to be the person(s) described In and
who executed the foregoing Instrument and acknowledged before me that (Haf she/ they) executed the sameiorthe purpose therein expresset
WiTNESS my hand and official seal in the County and State 3 efforesaw this, day
es
My Commission Expires: (t7 • a – t ( a ❑ •. %� h a �f
Nota�,Public's Signa4
(Sean i iii
,•,,,, Notary's Printed Name
•• ....... ........................... R 4H A
NCLD
Comm# DD07214u
=1 ^a Expireslor22o11
r"da Naa
n...... ......... ... ... ...... ..........t.�
.. ...
File #; 09 -138
.Exhibit "A n
Unit 325, Building C of'Marbella, a Condominjum, according to the Declaration of Condominium
thereof, recorded'in Official Records Book 1599, Page 306,:and any amendments thereof, of the Public
Records of Collier Count}', Florida.
Packet Page -1667-
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DEC 17. 2012 Po'ISCI)Ic, L
HOUSING & HUMAN SERVICES
FISCAL SECTION
CARMEN DE GEUnERREZ 1378
3311 EUROPA DR AFT 325 �- 0.030 FL
NAPLES FL 34105 -7600 .',fie �/� 1435
Date
Pay to the _.
Order of of .C�1 C $ 3 pdp 0j59
?�z���d•��a Dollars o n,
Bank of America
ACH R!i 063100277 1 ��
For -3,3// - C, 32$' Ar
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11COU11 It 0112CIu 18C01e11 of 0011111 Mm, IL
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SECOND MORTGAGE late.
ACTION tuna co
THIS SECOND MORTGAGE ('Secwity Instrutr) is giver, on y 1-1. 1�99� IMCIAn/ ortgagor is
O ru G..3 th e l c—, C+ f Q%- rVk'A: jQ Q
Borrower). This Security Instrument isgivan to Collier County
("Lander"), which a organized and •xsting under the laws -of the United Strut of America, and whose addreaa a 2800 North
Horseshoe Drive, Naples, rlorida 33942 . Borrower owes Lander the sum of Two Thousand fTive
Hundred Dol are and No /100 (U.S,, t.S00 Q¢ ) °dobt is evidenced by Borrower's Note dated the some date as this Security
freartawt ('Sacord MotVoW), vttfich provides for monthly psyrttents, with the full debt, if riot paid Barka, due and Payable on sailor of
prolwrty, refinance, or loss of homestead exarraxtion . This Security instrument secures to Lender (a) tle
ropaymert of to debt evidenced by the Note, with interest, and aY renewals. extensions and modifications; (b) one payment of al otter sums,
with inY redrwnced under paragraph 7 to protect thesecwAy of wte Security Instrument and (c) the performance of Borrower's cove ants
and agreements undo this Security Instrument and the Note. For this purpose, Borrower don hereby second mortgage, grant and convey
to Lender the following described property located in Collier County, Florida
As more paoeularty described on Exhibit "A;' and which has the address of
„— ('Property Addrose). 2841 47th Terrace Stn'
aa.e1
Naples, F1 33999
I tar„ tot, w,
TOGETHER WITH at the' erwrb now or hereafter areeted an the Property, and all easematts, note, appunanances, rents,
t` roymbw, as , d ad gas rights and prof . water rights and stock and all fuRures now or hereafter s part of the property. All repiacatents
l Ind tit "N" shal stn be covered by do Security instrument. AN of the foregoing is referred to in this Security Instrument as the 'Property'.
GROWER COVENANTS that Borrower is ley seised of the estate hereby conveyed and has tle tight to mortgage, grant and
txxeey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and vAll defend generally
the MW to the Property against all claims and demands, :lttt lt��anY ertcurrl+rancea of record
y / THIS SECURITY INSTRUMENT combinn�+n(41�{'' tya eFint(t fs ) -use and rwn•ucvform covenants with+ Itrwtea variation by
A f / junWicbon 10 coner i uts a uniform security Visit r ddr I l .
t \V)/
1 UNIFORM COVENANTS. Borrower ylfiftl corverant and agrw as4dljo s.\
1. Payment of Principal and inn at;4Ptapaymett and Late Chargas.l9orrowpr shalt promptly pay when due the principal of
(�
and interval on the debt evidenced by the Ngto. \ \\
2 Taxes. The Mortgapa wit pay all to". asi8ssmetb, _ e r6r<rs or water rites p to the accrual of any psnalws or interest
theism, r t
The Mortgagor shall pay or cause to bar Jus, ( )(t) all taxes and governmental charges of
any fund w habcever which may at any, tine be/swhcAhy of ru t err ttF respect to the Property, (2) all utility aril amen
chmrgas, inckidino'ssrviea charges•, incurred r ilor tea r6. nlaa occupancy, upkeep and improvement of to
l; Property, and (3) d asessrents or otlta gc�(atj3�Mfi g9arges y� ally be thin u tients over a period of years, the Mortgagor
or afro! be *bigoted under he Mortgage to cause to be paid only suf:hrrnstaldfents as- iilelrequred to be paid during the term of the
tr n Morvage, end shelf, promptly alp the payrttta any of the foregoing, for -*O, to sndsnce of such payment
Appeeatlon of Payments, Un� sot provkss otl at pay'rtanK'reurvsd by Lender shall be applied; first, to
impost due; and, to pnncipel due; ano Lost fc `tie charges due under the N +f 't..J�
4. Charges; Lions. Borrower steal M4tpxes, "easements, char impositions attributable to the Property which
may sttsat priority over this Socurhty Instrument, J , yments ycoffrdY bi' d any. Borrower shall promptly furnish to Lerda-
aI motions or amounts to be paid under this tote payments.
Barr►ar shel promptly discharge any lien which `7ty unity Instrument unless Borrower (a) apron ot wnw g to
Iho payment of the obligation secured by the lien h a marver accelNybtiCo Lender, (b) contests in good faith the ken by, or defads against
eriaOwn- I of the loan in, legal preeeedinge which in he Lendoes opinion operate to prevent the enforcement of the ken. or (e) secures from
to Mader of the iii an agrownwit satisfactory to Lender subordinstinp the lien to this Security Instrument. if !Bide deterratel inert anypaK
of the Property s anted to *ton which may jean prbrity over the Security Instrument, Lender may give Borrower a notice identifying the lean.
Borrower sdmlf satiay the Ion or take ore or more of the actions sat forth above within 10 days of the g.vng of notice
S. Hazard or Property inurance. Banvnr shol keep the enpro;romsnts now existing or hereeher erected on the Property insured
against boa by fire, hazards included **an he term *extended coverage' and any other hazards, including floods or flooding. for which Lender
repulse Insurance. This insurance stmt be nit nles in the amounts and for the periods that Lender requires The insurance earner providing
0r j eastatoa shat be doom by Bdrvwer subject to lender's approval which shall not be unreason&* withhold. If Borrower fails to maintain
coverage doachbedebws, Lander may, at Lander's option, obtain coverage to protect I~& rights in the Property in accordance with
pagspti 7. At al tires met he Nos is outstanding, to Mortgagor shalt mwntan insurance with respect to the Premiss against such risks
and for such anoints as are eustomsrity Insured against and fray, as the tare become dot and payable, all premiums in respect thereto,
including, but not L . to , all nekt atraree protecting the interests of the Mortgage and Mortgages against loss or damage to he Promises,
by fee, fight i g, and dlw ci staitice ctatomonly insured against (including boiler explosion, if apprapriab), with a uniform sanded extended
coupe endonsarrwt including debris removal coverage. Such insurance at all braes to be in an amount not less than the full replacement
cost of the Prernttea, exclusive of foomige and fotxdrtions,
AI nat.e m poloss and renewals shall be acceptable to Lender and shelf rnclude a standard mortgage clause Lender shall hap
the right to hold the prlicies and renewals. If tender requires, Borrower shall promptly tnve to Lender all receipts of paid premiums and renewal
starers. in 0r a1Rt of loss. Banvwar shelf gar+ prang, notice to the insurance carrier wW Lender. Lender may make proof of loss d not made
Promptly by Borrower.
Unless Lender ad Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property
damaged, it the r«toration or repair is economically feasible and Londoes security s not sassed. If the restoration or repair is rot
s xonomicaly feasible or Lenders security would be festooned. he insurance proceadeshell be applied to the sure secured by he Security
kisbu eriL wirNEw or rat than due, with any roxams paid ID Borrow. It Borrows abandons the Property, or does not answer within 30 days
arof, from Lander that the irnwartce tarns his offered to settle a claim, Own Lender may clotted: the insurance proceeds: Lender lay
tea haprooaa I to repair or restore ha Property or to pay aims secured by this Security Instrument, whether or not then due The 3Drlay
period will begin w hon Its notice s mailtd. Unbars Lertdar and Borrower otherwise agrce in writing, any application of proceeds to Principal
shoe red a I or poor-, the due dab of the monthly payments referred to in paragraph t of change the amount of the payments. If under
pasgraph 21 to Property in som 'red by Larder, BtxtoNars right to any nstxance policies and proceeds resulting from damage to ue Property
tin buts aogaa8on steel pass to Lender to he extent of the &urns secured by this Security Lnatrurwtt immediately pror to the acquisition
0. O"upancy, Preservation, Maln►anancs and Pmtoctlon of the Property; Borrower's Loan Application. Leaseholds.
Borrow Nil ocdupy, astsblah, and use the Property era Borrower's principal residence within sixty days after the execution of tttis Security
I ts sir set and and to nbtan to occupy On Property n BcrrOwses prvhchpal reaidanea for at asst one year alter tte date of occupancy, unless
Lender otherwise apron in writing. which consent shat not be treasonably withhold, or urge" emnuabrtg circumstances exist which as
beyond Btxrower'sc control. Borrower shall not destroy, damage or repair the Property, allow the Prop" to deteriorate, or commit waste on
r.sreed.ap Packet Page -1669-
OR: 2224 P&: 1131 2/26/2013 16.D.3.
the Property. Borrow shay be in default if any forfeiture action or proc•ackng. whetter evil or criminal, is begun that in Lenders good faith
pidgme t cold null in farfsours Of the Property or otherwise maWiely impair the Len created by this Security Instrument or Larders eocw y
nlsrse. Borrower may can such a default and reinstate, u provided in paragraph 18, by causing the action or proceeding to be dismissed
with a ruing Met. in Landers good fief h dssirnrrwbon, precluc is fort mrie of the Borrower's interest in the Property or other material impairment
of the ken created by this Sectruy Instrument or Lender's security ntwest Borrower shall also be in default If Borrower, during the loan
application process, gave materially false or inaccurate information or statements to Lander (or failed to provide Lender with any materal
ritonnstort) in cony ecAcn with the loan evidenced by the Note, including, but not limned to, representations concerning Borrower's occupancy
d Me Property es a l: -1 at residence M Mxe Security instrument is m a leasehold. Borrower shag comply with at the provsom d Me lease
If Borrower acquires Me tide to the Property, the leaeehold and the Me untie shall not merge unless Lander agrees to the merger in writing
7. Protection of Lender's Rights in the Property, If Borrower fads to perform the covenants and agreements conlan•d in this
Security Instrument, or Mere to a legal pfoci eding that may significantly affect Landers rights in the Property (such as a proceeding in
bankruptcy, p -1, - 6. for condemnation or forfeiture or to enforce laws or regulations), than Lender mey do and pay for whatever is necessary
to ~ the vsks of the Property and (.orders rights in the Property Lender's actions may include paying any sums secured by a Len which
hasprionty Ow the Saarity Instrument, appearing in court, Paying reasonable attorneys' leas and antervtg w to Property to make repass.
Although Lender may take action under this paragraph 7, Lender does dint have to do so. Any wrio nts disbursed by Lender under this
poragoph 7 Thal bow addhord debt of Borrower secured by this Security Instrument Uness Borrwwr and Lender WW b other cams
of peynent tlieee amounts duel bear interest from the date of disbursement at the Note rate and shall be payable, with interest. upon notce
from Lands to Bcmitwer requesting payment
t. Mortgage Insurance. If Lender requ red mortgage insurance as a condition of making the loan secured by this Security
ktMVifert Borrowsaftsi peg the praimtamaraghred b nrnantsin Me mortgage naward e n eMeci it, for any reason, the mortgage insurance
coverage required by Latin lepees or gooses to be in effect Borrower shall pay the premiums reused to obtain coverage subauneaNy
sq iveli t to Its mortgage irsurrtce previously in effect, at a cost substantially equivalent to the, cost to Borrower of the mort0apa Insurance
previously in effect, from an ahsnals mortgage insurer approved by Lando If substanbely equivalent mortgage ssurenee coverage is not
available, Borrower shag pay to Lerch each month a sum equal to or*-Weft of the yearly mortgage insurance premium being pad by
Baroww wtwt Me ruwwco uxweg• lapsed or cees•d to bs to •!fact Lender wW accept, use and reLn Mss• payments as* loss reserve
in feu of mor igago Insurance. Loss reserve payinsnts may no longer be fequwred, at the option of Lender, d mortgage insurance coverage (n
the amount and for Mrs period that Lender requires) provided by an insurer approved by Lender again becomes avekable end is obtaired.
Borrower shall pay the premiums required to mawfan mortgage insw once in affect, or to provide a loss reserve, until to reuremant for
mortgage inauruwe ands in accordance with any written agreement between Borrows and Lerida or applicable Low
1. fans; , 01, et Lander or as agent may make reasonable entriss upon and Inspections of the Property Lender shag give Borrower
notes at the tints of or pnor to an irapection spocifyrg reasonable cause for the inspection.
10, Condelrw0on The proceeds of any awed or cim faTdorrwges, direct or consequential. in connection with any condemnation
or o1w taking of any pert of the Property, or for conveyance tioth,ae hereby assigned and shalt ba paid to :ardor in the
event of ■ Ce! blkkg d the Property, the proceeds snag bs ' ad by Mite Security iMtrvrent wlather or not than due,
with any excess paid to Borrower. to to avant of ±ng� rope r the fair market value of the Property immediately
helot• the taking s squrl to of lip Use than the anrwwttbf fume secured by this Instrument immediately before tie taking, uNecs
Benower and Lrdn Otherwise agree in wiling, st�h+�i'seared by this Security (nstrurtent stysl be reduced by to amount of the proceeds
multiplied by Me fasowag ffacW . (a) the trial eecured immediately before Oe taking, divided by (b) as far market vak s
d Mta Property iis. istaly before Me taking Any be geld to . Intl\ t am a partial taking of the, Property n which
ON far merkat value of Ve Propaby ' y. baler* the then ern= of ems secured annedutely nor the taking,
urkees Bamowsr and Lerner dterwse aor in w � i the proceeds stag be tippled to ea sums
secured by tine Security Instrument timitd' lBhleFS Borrower otherwise agree in writing, any
appkoaticn of proceeds to I shag no a poi My duffs pats the pa referred to n paragraphs 1 or change
the arount of such payments. C) ✓ �� 1 I7 I�,
prahcipt w
11. Borrower Not Released, err rams By Lands Not a alver. Estauisidri� the tde for payment or modification of
anwsaaon of the sums secured by this strumsnt granted by L an in interest of Borrower "I not operate to
relaau Me tabiy d the orpiid Borrowar or Bore tl surccessars in interest required to conmence proceedings against
any successor in ritend or refuse b extend tool y�r�wnt or of herwse modify ` sums secured by Mrs Security Mstrument
by ration at any demand melds by the original \ f Borrovvo' Y successors My lorteanrica by Lender in exercising any
right or remedy shag not be a waiver of or tickit thiO d an rghl or
12 alrlcct urn and Assigns Gourd; Joint end i� " ' tf�Slgnevs. The covenants and agreements of mss Sacumy
Inatrhment shall bind and benefit the successors and asFgn� r y. foviw, sub)oct to the
Provisions of paragraph IT Borrowers covenants" agreeniMts-ah+ak " ba tout and several. Any Borrower wtho co-spna true Security
letrurtenl but does not exaaAs tti Nate: (a) is co•li grwtg this Security Instrument only to mortgage, grant and convoy Met Borrowers interest
n the Property udur the arms of this scanty, nrhhrnent; (b) is not personaay obi,gated to pay be sums secured by this Security instrumsnL
and (c) apnoea plat Laden and any (Niger Borrower may agree to sida d, modify, forbear or make any accorrvnodations with regard to tre toms
Of Mrs Security Instrument or the Note without Mat Borrower's consent
13. Loan Charges- M the loan secured by this Seamy Instrument is subject to a law which soft manmurm ban charges. and Out
lows finny *m x led so that the nxest or cth w ban charges collected or to be collected in connection with the ban exceed the permitted
levels, then: (a) any such lean charge stag be reduced by the amount rstessary to reduce the charge to the permitted iurut, and (b) any sums
already coiacled from Borrower which exceeded permitted limit will be refunded to Borrower. Lender may choose to mks this rotund by
reducing the principal owed under the Note or by malung a direct payment to Borrower. If a refund reduces pmc pal, the reduction will be
treated as a paw proplYmenit without any Propnyrrwtt charge wider the Note
14, Notices. Any notice to Borrows provided for in this Security Instrument stud be given by dekvenng it or by mailing it by fist
aloes mail unless applicable low required use of anoMer method The notice still be directed to hie Property Address or any other address
Barrow drsgesw by inure to Lender. Any notice to Lender shall be given to Borrows or Lender when given as provided in Mrs paragraph.
U, GovstYrp Law; bewabwty. This Security kmetrurent elntl be governed by federal law and the low of tie jurisdiction in which
the Property is bested. In the went that any provision or clause of this Security Instrument or the Nos conflicts with applicable law, such
ounfYCt thal not offed other provision of this Security Instrwrant or the Note which can be given effect wttrioul the conflicting provision. To
the end Me proviaans of On Seciaty Instrument and the Note are declared to be severable.
It. Borr~s Copy, Borrower shall be given one condormed copy of t e Note and of this Security instrument
17, Transfer of tie property" a Beneficial Interest In Borrower. If all or any part of the Property or any interest in is is soli or
tramfemed (or B s beneficial interest in Borrower is sold or trtns(erred lend Borrower is not a natural person) without Lender's prior written
cortaeM, Lander may, at Ms option, require immediate paynant in full of all sums secured by this 'ecurity instrunwrt However, live option
shat not be warcissd by Lender it exercise is prohibited by federal law as of the data of On Secuity Instrument.
O Units exscmed thus opbm. Lards shak give Borrower notice d w4oierabm The tootics shag provide a pared of not kiss than 30 days
lam w date the now s delivered or mailed within whack Borrower mast pay all sums secured by this Security Instrument. If Borrows fads
to pay rive sums prrr to the expiration of this period, Lender may invoke any remedies permitted by this S"ity Instrument without further
n ntics or . dsmand on Borrows.
tt. f3oeowefs Right to Reinstate. K Bortowsr masts certain catch outs, Borrower shale have the right to have enforcement of this
Security kieft menu dacontirard at any time prior to the corker of : (a) 5 days (or such other period as appbcahle law may specify for
reirtstatemtenl) before sole of the Property pursuant to any power of usle contained in this Security Instrument: or (b) canny d a judgment
enlacttg tht's Security Instrument Those conditions are that Borrower: (a) pays Lardsr W signs which than would be due under Mils Security
lelurrrtt and the Note • if ro acceiend on had occurred; (b) cures and dalauh of any clbwr covenants or agreemanh; (c) pays all expere•s
inured n- doicii this Security instrument, nrduding, bill not limited to, reasonable attemey's lees; and (d) takes such action as Lender may
n esoo l bhy requ rs to aesun tlet trio fen of this Security Instrument Larder's rights in the Property and Borrower's obligation to pay the sums
"and by tie Secuiy Inatrumont ddat continue unchanged. upon reinstatement by Borrower, Mrs Seamy Instrument and the obligations
soared hereby shat remain fully effective as d no acceleration had occurred However, Mrs right to reinstate shah M apply in the case of
accelration under psagraph 17.
ww„,ad.� Packet Page -1670-
2/26/2013 16.D.3.
OR: 2224 PG: No
ti. Sale of Nose; CMW of loan Servkwr. Tre Now or ■ perm) interest in to Note (topethhrr with ttls security t aburnord) may
be add am or more tuns without poor nonce to Borrower. A sale may result in a change in ter entity (known as the 'Loan Servhcer) that
tollactre monthly payments due under the Note and this Socurrty instrument There also mey be one or more cthangss of the loan Servicer
ursabasd b a gala d ate Nod If two s a c angs of the Loan Servrcer. Borrower will be given written notice of ore change in accordance wrth
Paragraph 14 and applicable law The rows "k state the name and address of the new Loan Servtcer and the address to which payments
should be made The notice wig also contain any other information required by applicable taw
20. Hazardous Substances. Borrower shalt not cause or peanut ova presence, hue, draPossl. storage, or release of any Hazardous
St6ganas on or n to Property Borrower shag not do, nor allow anyone aim to do, anything affecting the Property that is in vholabon of any
Environmhentat taw The preceding two sentences shall not apply to the presence, use. or storage on the Property of small quaribbes of
Hazardous Substances that are generally recognised to be epproprhate to narnwt resden001 uses and to maintenance of the Property.
Borrow Shill Purrey give La der written, for any mesagabon, claim, demand, lavirust or other action by any governmental or regulatory
apesy r prrvab► party rrvdving the Property and any Hazardous Substance or Environmental Law of which Bomowr has actual knowledge.
If Bartow lion, or a notiled by any gorernmartW of r qA,;% ry authority, that any removal or other remadrabon or any Hazardous Substance
affecfng the Property is necessary, Borrower shah promptly take alt necessary remedial actions in accordance with Environmental Law
As used in ttu paragraph 20,'Harardan Subgtanoes'sre lass substances defined as toxic or hazardous substances by Environmental Law
and the logo" substances. gasoline, kerosene, other flammable w toxic petroleum products, toxic pesticides end thrbcrdes, volatile
sc wins, matanala containing asbestos or formaldehyde. and
radxiech "Whir As used in this paragraph 20, 'Environmental Law" means federal laws and laws of the )urredhcbon where to Property
is located that relala to health, safety or environmer" protaebon.
ti. AccaMrsdon; Remedies. Larder shall give native b Borrower Prior to acnlerebon tdkewrnp Baroww's breach of any covenant
or NVI&I'arr in tie Security Ir sirm oral (but not prior to Knegiration 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 loss than 30 days tram the date the notice is green to
Borrower, by whdclt the default must be cured, and (d) that failure to cure On default on or before the date specified in the nobcs may result
in acadenhI of llw sums secured by Ihis Security Instrument. foreclosure by )ud6al proceedug "male of the Property, The noboe shah
hrttr inform Borrower of the right to reinstate after acceleration and the fight to assert in the foreclosure proceeding the non-existence d a
dsimA br any ti W dstsrw of Borrower b aooWwabon and foreclosure. If the default is not cured on or before the date specified in the noboe,
Lander, at b option may require ntmhediata payment in fill of ah sums secured by this Security Instrument without further demand and may
foreclose two Security Instrument by Judicial proceeding. Londer shah be entitled to collect all expenses inured in pursuing the renndhes
provided in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evrdenn
22, RUaasa. Upon prymrt of al rem seated by this Security Instrument, Lender shall release this Security rntrument, without
charge, to Sorrower. Borrower "I pay any recordation coats. r- ----__
23. Aftomoys' Fees. As used in this Swurnty instrii tlhdt* �yotai- attornsys fees' shah nWuds any attorneys' fees awarded
by an appellate court ` P �..
24. Midst to lido Security (nstrumenf A' more riders are s`x' Sarrewer and receded together Nlti1 this Security
ksdtrriertt t000vinants and agreements of eagh h�� shah be incorporated into atttlihah amend and
supptem the covenants and
agreements of this Security Instrument as if the ndsr(E) _part of this Security Instrument (Check Applicable Box)
{ h
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SIGNING BELOW, BQrawer acaepte amp sprees io Oer�ns and avrarsarhts contau 'rtidhatw unity Instrument and in any rderls) executed
by Bartoww and recorded with d \ �� `` : IS
Speed, aeatsd and delnerad in the pretence of
Srpnss =e. Sigrutute
(Soar)
Print Name: Borrower Tornas U(e }
4i Address
Lynn M. Reber —
STATE OF aQ tDA
COUNTY OF CUllq% —
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Signature / .4 !k • • - r (I. r C c iSeaq
Borrower: NocmaELech
I heisby comfy that an Ih(s day, before me, an ofhcr dry authorized In the stale alresad and in the county aloresad to take
-W-*dpw—. personality appeared! _JZMAS L Ef 9 ki�21Yd', I: 1 F 1, , to riw known to be the persons)
idratadn aril who sxechled the foreparhg instrument and acknowledged before me that TNtU executed the same for the purpose theism
ow weed.
WITNESS my hand and official seal In Ow County end State store" this I i 4\ day ol
My Commission Expires 7,X/46" P1 IIJA 1
9laa h t , — Notio Pmbws Signature
LYM M. Reber
Notarys Printed Name
(SEAL)
A�Ft �rY� LYNN M, IIEEEA
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:neeed.wp Packet Page -1671-
EXHIBIT -Wl
2/26/2013 16.D.3.
OR. 2224 PG. 11'!1 °_..
LOT 21, VLOC %'d6, GOLDEN GATE, URIT ND. 3, ACCORDING TO THE PLAY
THEREOF, OF 'RECORD IN PLAY COOK 5, PAGE 9l INROUGN 105, OF TAE
PUOLIC RECORDS OF COLLIER MINTY.,- FtONJOA.
Packet Page -1672-
i
FNC TITLE SERVICES, LLC WELLS FARGO BANK, N.A. 2/26/2013 16.D.3.
FLORIDA ESCROW ACCOUNT www.welisfargo.com
401 N WASHINGTON ST STE 525 65.320MO
ROCKVILLE, MD 20850
November 26, 2012
aY TO TH E
3DER OF Collier County Board of County Commissioners"**** «**" ***** *• * * **** * **** *** *** * ** $ *,t* **R
$2;500.00 *.,.
*** Two Thousand Five Hundred and 001100 Dollars *** DOLLARS t
Collier County Board of County Commissioners* * **'`*** * * * * ***** * * *** * * * * *** **
MEMO File 201209 -137 - 4347 t�(t 7 - 003
AUTHORIZED Sh314ATURE
FNC TITLE SERVICES, LLC FLORIDA ESCROW ACCOUNT 4347
PAY TO: Collier County Board of County Commissioners** * * **** * *** * *" * * ******* * * *" — * * ** $ ** ***** *$2,500.00„*
November 26, 2012
Seller: Seller name missing
Buyer: Tomas Lee and Norma E. Lee
2841 47th Terrace Southwest, Naples, Florida 34116
Parcel ID: 35986920004
109 Collier County Board of County Commissioners $2,500.00
File 201209 -137 - 4347
FNC TITLE SERVICES, LLC FLORIDA ESCROW ACCOUNT
PAY TO: Collier County Board of County
November 26, 2012
Seller: Seller name missing
Buyer: Tomas Lee and Norma E. Lee
2841 47th Terrace Southwest, Naples, Florida 34116
Parcel ID: 35986920004
109 Collier County Board of County Commissioners $2,500.00
File 201209 -137 - 4347
11- 29- 12P12:14 hCVD
12- 04- 12P02: 14
RCVD
eeceillwt
4347
$ *******'$2,500.00 **
RECEIVED
DEC 0 4 2012
BY .-
LMPtoo M/P CHECK
Packet Page -1673- i