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Agenda 05/13/2013 Item #16D 35/14/2013 16.D.3. EXECUTIVE SUMMARY Recommendation to approve three (3) mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) loan in the combined amount of $50,444.50. OBJECTIVE: Approve three (3) mortgage satisfactions. CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable housing program, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale, refinance or loss of homestead exemption. The following table provides details regarding the associated mortgages that have been repaid in full. As such, satisfactions of mortgages are required. Name Security Instrument Mortgage Payoff Public Record Amount Amount Marie Midouin and SHIP Second $20,250.00 $20,250.00 OR Book: 4271 Page: Jn Robert Jn Baptiste Mortgage 2218 Kristy Brodbeck SHIP Second $27,448.50 $27,448.50 OR Book: 4367 Page: Mortgage 2714 & Re- recorded OR Book: 4411 Page: 1020 Donald Sloat & SHIP Second $ 2,746.00 $ 2,746.00 OR Book: 4440 Page: Laura Sloat Mortgage 3461 Total $50,444.50 $50,444.50 Approval of this item will authorize the Chairwoman to sign the aforementioned satisfactions of mortgage and the executed documents shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The repaid amount of $50,444.50 is considered program income and has been deposited in SHIP Grant fund 791, Project 33222. Such funds 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: There is no growth management impact. RECOMMENDATION: Approve and authorize the Chairwoman to sign three (3) mortgage satisfactions for owner - occupied affordable housing units for which repayment in full has been provided to Collier County. Prepared By: Wendy Klopf, Operations Coordinator, Housing, Human and Veteran Services Packet Page -2785- 5/14/2013 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to approve three (3) mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) loan in the combined amount of $50,444.50. Meeting Date: 5/14/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing, Human & Veteran Se 4/1/2013 12:04:59 PM Submitted by Title: Operations Coordinator,Housing, Human & Veteran Se Name: K1opfWendy 4/1/2013 12:05:00 PM Approved By Name: LarsenKathleen Date: 4/3/2013 4:21:03 PM Name: SonntagKristi Date: 4/15/2013 3:27:34 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 4/18/2013 6:29:59 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 4/22/2013 2:27:27 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 4/24/2013 8:57:25 AM Packet Page -2786- 5/14/2013 16.D.3. Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 4/30/2013 9:06:23 AM Name: AckermanMaria Title: Senior Accountant, Grants Date: 5/1/2013 1:20:21 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 5/7/2013 11:43:40 AM Name: KlatzkowJeff Title: County Attorney Date: 5/7/2013 11:54:47 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/7/2013 1:49:55 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/7/2013 2:18:57 PM Packet Page -2787- Prepared by: Collier County Housing, Human & Veteran Services 3339 E. Tamiami Trail Naples, FL 34112 SATISFACTION OF MORTGAGE 5/14/2013 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 Marie Midouin and Jn Robert Jn Baptiste to COLLIER COUNTY, recorded on August 17, 2007 in Official Records Book 4271 , Page 2218 , of the Public Records of Collier County, Florida, securing a principal sum of $20,250.00 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: Lot 149 Trail Ridge, Collier County, Florida which has as address of 13686 Legacy Lane Naples Fl 34114 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 LN 2013, Agenda Item Number , Deputy Clerk Approved as to form and le sufficiency: i J E. right AAj5lLt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ILN GEORGIA A. HILLER, ESQ, CHAIRWOMAN Packet Page -2788- 9 THE NOTE SECURED BY THIS MORTGAGE EVIDENCES A CONTINGENT OBLIGATION. SUCH OBLIGATIONS ARE NOT TAXABLE PURSUANT TO FLORIDA DEPARTMENT OF REVENUE DOCUMENTARY STAMP TAX POLICY. SECOND i THE NOTE SECURED BY THIS MORTGAGE IS NOT SUBJECT TO INTANGIBLES TAX, AS THE OBLIGEE IS EITHER: (i) A 501(Cx3) CHARITABLE ENTITY; (ii) A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; OR (iii) AN ENTITY OF THE FEDERAL GOVERNMENT. 4061208 OR: 4271 PG: 2 5/14/2013 16.D.3. IICOIDID M 011ICIU IICOIDS of COL1111 091", PL 09/17/2007 at 01:35PI DWIGHT 1. 6tOCI, CLill W)RTGAGE WIC 111 27,00 lets: lOtT11 WIIGHT IT AL Allow 5101 PILICAI HAT BLVD 1300 1APLIS 1131106 2709 THIS SECOND MORTGAGE ("Security Instrument ") is given on d G 1151,2W7. The Second Mortgagor k: i I Marie Midouin and Jn Robert Jn Baptists, a married couple DL-1 ('Borrowed'). This Security Instrument is given to Collier CounLv ('Lender'), which is organized and existing under the Jews of the United States of America, and whose address is 3301 E . Tasiaai Trail Nil log, 8lorida 34112 Borrower onus Lender the sum of T"MI Thohuaand Two Hundirsd Fifty atad DO/` 100 Dollars (Uri $-20,250—.00), This debt is evidenced by Borrowers Note dated the same date as the Security instrument ( "Second Mortgage'). which provides fomonthly Payments. with the full debt, if not paid earlier, due and payable on sale of property, refinance or lose of hoaest.ead eaeaption This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protad the Security of the Security Instrument; and (c) the performance of Borroaisr s covenants and agreements under this Security Instrhrrent and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property looted in Collier County, Florida. As more Pwbmlerty described as Lot 149, Trail Ridge, Collier County, Florida and which has the address of. ('Property Address"): 13686 Legacy Lana Naples Florida 34114 TOGETHER WITH all the improvements now or hereafter erected on the property. end an esaemerts, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fctues nor✓ or hereafter a part of the property. Ali replacements and additions shaft also be covered by the Security instrument. All of the foregoing is whirred to In this Security Instrument as the 'Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the fide to the Property against all claims and demands, su ' QW ep os of record. THIS SECURITY INSTRUMENT combines ciSM itu and nonvmtfonn covenants with Iknited variation by jurisdiction to constitute a undone security Instrument al prope y, UNIFORM COVENANTS, Borrower and t and agree as I. Payment of Principal and Mtwest; msnt and Lets Ch arges. halt promptly pay when due the principal of and interest on the debt evidenced by the Note, thereon. 2. Taxes. The Mortgagor will pay all ts, sewer AN r water or to the accrual of any penalties or interest The Mortgagor shah pay or cause to ly (A 1) all taxes and govemmental charges of any kind whatsoever which may at any time be or to a Property, (2) all utility and other dhargm including 'service dwgsa', incurred or im upkeep and improvement of the Property, and (3) all assessments or other Governmental ch period of years, the Mortgagor shag be Obligated under the Mortgage to pay or cause aid only such Insahire are raq be paid during the term of the Mortgage, and shag, promptly after the payment of any of the forward to Mortg payment. S. Application of Payments. Unless M law provides Of received by Lander shill be applied; fist to interest due; and, to principal due; and last, to an rgq due under the Note, 4. Charges; Liens, Borrower shall pay ■ "is, one impositions attributable to the Property which may attain priority over this Security Instrument, and . Borrower shaft promptly famish to Lender all notices of amounts to be paid under this paragraph, and mss. Borrower shall promptly discharge any lien which has Instrument unless Borrower. (a) agrees in writing 10 the payment of the obligation secured by to lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the fen in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the hen; or (0) secures from the holder of the lien an agreement satisfactory to Lender subordinating the Ilen to this Security instrument. If Lender determines that e of the Property is subject to a lien which may attain priority over the Security Instrument, Lender me any ice ^tl a g� g of nwer a notice identilyirg the hen. Borrower shag satisfy the hen or take one or more Of the actions set forth above within 10 days of the giving of notice. 6. Hurd or Property Irisuranw, Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards Included within the tens "extended coverage" and any Other hazards, including floods or loodirg, for which Lender requires insurance. This Insurance shag be maintained in the amounts and for the periods but Lender requires. The insurance caner providing the insurance shall be chosen by Borrower subject to Lender's approval which shag not be unreasonably withheld. If Borrower fails to maintain Coverage described above, Lender may, at Lenders option, obtain coverage to protect Larder's rights in the Property in accordance with paragraph T. At all three that the Note is outstanding, the Mortgagor shad maintain insurance with reaped to fie Premises against such risks and for such amounts as are customarily insured against and pay, as to same became due and payable. all premiuns in roped thereto, including, but not limited to. all-risk insurance protecting On Interests of the Mortgagor and Mortgagee against Joss or damage to the Promises by fire, lightning, and other casualties customarily Insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage andotaement including debris removal coverage. Such Insurance at all times to be M an amount not less then the full replacement cost of the Premises, exclusive of footings and foundatiora. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender Shall have the right to hold the policies and renewals. IT Lender requires. Borrower shah promptly give to Lender all receipts of paid premiums and renewal noticas. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically best" or lenders security would be lessened, the insurance proceeds shag be applied to the sums seared by the Security Instrunert, whether or not then due, with any excess paid to Borrower. N Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may coiled the insurance proosede. Lender may use the prowsds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 36day period will begin when the Iletioe is mailed. Unless Lander and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to In paragraph 1 or change the amount of the payments, if under paragraph 21 the Property is "tilled by Lender. Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the suns secured by fhis Security Instrument immediately prior to the acquisition. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaasholda. Borrower shall occupy, establish, and use the Property as So. Owin a principal rasidence within hih abdy days after the execution of this Security Instrument and shell Continue to occupy the Property as Borrower's principal residence for at hest one year after the dale of occi pency, unless Lender otherwise agrees in vatting, which consent shah not be unreasonably withheld, or urtess extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Properly. Borrower shell be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith judgment could result In forfeiture of the Property or otherwise materially impair the lien created by this Security instrument or Lenders security Packet Page -2789- 5/14/2013 16.D.3. OR: 4271 PG: 2212 interest. Borrower may are such a default and reinstate, as provided in paragraph is, by causing the action or proceeding to be dismissed with a ruling that. in Lender's good faith determination, pees forfeiture of the Bonowers interest in the Property or other malarial imparmera of the Iran created by this Security Instrument or Lenders security interest. Borrower shall oleo be in default {f Borrower. during the loan application process, go" materially false or inaccurate information or statements to Lender (or failed to provide Lender with any materiel information) in connection with the loan evidanoad by the Nate, including, but riot limited to, representations concerning Borrowees occupancy of the Property as a principal residence. If this Security Instument is on a easehotd, Borrower shall comply with all the provision of the leas. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not meager unless Lender agre" loft merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower falls to perform the covenants and sgreeni+ents contained in this Security Instrument or there 1s a legal proceeding that may significantly affed Lender's rights in the Property (such u a prooesding In bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may nfo and pay for whatever is necessary to protect the value of the Property and Lender's rights In the Property. Lender's actions may include paying any sums secsed by s lien which has priority over this Security Instrument, appearing in court, paying reasonable stlomeys' fees and entering on tie Property to make repairs. Although Leander may take action under this paragraph 7, Lender does not have to do w. Any amounts disbursed by Lender under this paragraph 7 shall' eoorna additional debt of Borrower secxed by this Security Instrumert. Unless Borrower and Larder agree to otter terns of payment, these amount shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Leander to Borrower requuting payment. s. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage insurance previously in cuffed, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverages not available, Borrower shall pay to Lander each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, If mortgage insurance coverage (in Me amount and for the period that Lender requires) provided by an Insurer approved by Lender again becomes avasable and in obtained. Sommer shaft pay the premiums required to maintain mortgage insurance in effect, or to provide s lose reserve. until the requirarnant for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. bapea4on. Lender or its agent may make reasonable entries upon and inspections of the Property. Lander shall give Borrower notice at the tame of or prior to an inspection specifying reasonable cause for the inspection. 19. Condemnation. The proceeds of any awed or claim for damages, direct or consequential, in connection wilt any condemnation or other taking of any pan of the Property, or for conveyance in lieu of condemnation, are hereby assigrsd and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the time secured by this Security Instrument whether or not than due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fait market value of the Property immediately before the taking is equal to or greater than the anount of the sues secured by this Security Instnment immediately before the taking unless Borrower and Lender otherwise agree In writing, the sums secured by this Security Instrument shell be reduced by 9e amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immsdiably before the taking, divided by (b) the fair market value of the Property I.. it, before the taking. Any balance anal In tie event of a partial taking of the Property in wwhieh the fair market value of the Property immediately before M of the sums secured immadistely for the taking, unless Borrower and Larder otherwise agree in writing n provides, the proceeds shelf be applied to to sums seared by this Security Instrument whether or not u then due. U nd Borrower otherwise agree in writing, any application of proceeds to principal shall not eaten the due date of the mien sd to in paragraphs 1 or charge the amount of such payments. 11. Borrower Not Released, F r Exte of time for payment or modification of amortization of the sums seared by this Sea In rum nt g ender t any su in interest of Borrower shall not operate to release the liability of the original Borrower or fi be required to oornmenCe proceedings against any successor in interest or refuse to ti r on of the sums seared by this Security Instrument by reason of any demand made the 'gI { r r s n latest Arty forbearatoe by Lender in exercising any tight or remedy shall not be a of is r Y. 12. Successors and Assigns Bou and Sewn Lis 1 1 to covenatta and agreements of this Security Instrument shalt bind and benefit the su assigns of Lender and r su the Provisions of paragraph 17. Borrower's coven agreements shall be ny Borrower who co-signs this Security cu Instrument but does not execute the Note; (a) is this Serity Instru , grant and convey that Borrower's interest in the Property under the terns of this Security I ) is not personally obi the sums seared by this Security Inatnmant; and (c) agrees that Lender and any other Borrower in xterd, mod make any anmomm odatias with regard to the terns of this Security Instrument or the Note without that Bon es b C 13. Loan Charges. If the loan seared by this to a low which sets maximum loan charges, and that law is finally Interpreted to that the interest or other ben charges or to be collected In connection with the ban exceed the permitted limits, then: (a) any such ban charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any suns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may loose to make this refund by reducing the prinncipal owed under the Note or by maldng a direct payment to Borrower. If a refund roducee principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notleee. Any notice to Borrower proved for in this Security Instrument shall be given by defived% it or by mauTag it by first class mall unities applicable law required use of anger method. The notice shag be directed to the Property Address or any other address Borrower designates by notes to Larder. Any notice to Lender shall be given to Borrower or Lender when given as pmvkted in this paragraph. is. Governing Law; Sevembility. This Security Instrument shell be governed by federal law and the law of the jurisdiction in which the Property is looted. in the event that any provision or clause of this Security Instrument or the Note conflicts with applicable low, 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 Insit urns t and the Note are declared to be severable. 1s. Borrower's Copy. Sommer shall be given one conformed copy of the Note and of this Security Instrument 17. Transfer of the Property or a Beneficial Interest In Borrower. if all or any part of the Property or any interest in it is solo or transferred (or if a beneficial Interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option, require immediate payment in tug of all sums seared by this Seemly Instrument. However, this option shall not be exercised by Lender If exercise is prohibited by federal law u of the date of rift Security Instrument If Lender exercised this option, Lender shall give Borrower notice of acoslsr ition. The notice shag provide a period of not Was than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. 11 Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. is. Borrowers Right to Reinstate. if Borrower meets certain c orditio s, Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prix to the earlier of: (a) 5 days (or such other period as applicable law may apeciy for reinstatement) before sale of the Property purtiant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enfondmg this Security Instrument Than conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as If no a00eleration had occurred; (b) area an defous of any other covenants or agreements; (c) pays ell expenses incurred in enforcing this Security Instrument. including, but not limited to. reasonable attorney's fees; and (d) takes such action[ as Lender may reasonably require to assure that the lien of this Security In*V~. Lender's rights in the Property and Borrowers obligation to pay the sums seared by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations seared hereby shall remain fully effective as if no acceleration had occurred However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Chaps of Loan Swvlcw. The Note or a partial interest in the Note (together with thus Security Instnunen@ may be sob one or more tires without prior notice to Sommer. A sale may result In a dmMe in the entity (known as the 'Loan Servioer^) 00 collects monthly payments dune under the Nob and this Security Instrument. Thee also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the charge in accordance with paragraph 14 and applioble tow. The notice will state the name and address of the new Loan Servicer and the address to which paynants should be made. The notice will also contain any other information required by applicable low. Packet Page -2790- 5/14/2013 16.D.3. OR: 4271 PG: 22cv - -.. M. Hazardous Substances. aorrowar shati not cause or pMM an prosemx, up, disposal, storage. or relieves of any Hazardous Substances on or in the Property. Borrower shah not do, nor allow anyone else to do, anything Meeting the Property that is in violation of any E"Won rne I Law. The preceding two sentences shah not apply to the presence, use, or storage on the Property of small quantion of Hazafdoile Substances that aro 9en«alty raoognizad to be ppropnale to nomW rosl0ential ups and to maintenance of the Property. Borrower stop prortipby give Lander weilion notic a for any investigation, chin, demand, *"UK or offer action by any govern ktal or regulatory agency or private party involving the Property and any Hazwdan Substance or Environmental Law of which Borrower has aclwl knowledge. If Borrower Isams, or te notified by any 90vemmwrtal or rogatetory authority, that any tarrroval or other romedialion of arty Hazardous Substance affecting the Property is necessary, Borrower $tali promptly take all necessary remedial actions in accordance with Environmarw taw. As used in Uric paragraph 20, 'Hazardous Substartoes' are those substances defined as toxic or hazardous substances by Environmental Law and the following substance$: gasoline. kerosene, other Asn melft or losio part olaum products. tonic pestlefdes and tarbiddes, volatile $olvenb, matanats containing robe$ta or fomnal0ehyde, and radioactive meterisls. As used to this paragraph 20, -Environmental, Lev/' mmns faderal laws and laws of the juA$dielion whore tha Property is located that relate to health. safety or environmental protection. 21. ACC@MnMon. Remadln. Lender shall give notice to Borrower prim to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable taw provides otherwise). The notice shall specify, (a) the default (b) the action required to curs the defaui; (c) a date, not less than 30 days from the date the notice is given to Sorrow er. by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foredosum by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in tha forsdowro proosadi the nw"xistance of a default or any other defense of Borrower to acceleration and foreclosure. if dre ds*A is not cured on or before the data spscMed in the notice, Lender. at As option, may require immediate payment in full *fail sums secured by this Security Instrument without further demand and may bmdo$e this Security Instrument by judicial proceeding. Lender shah be amltled to collect all expenses inaned in pursuing the remoches provided in this paragraph 21, including, but not limited to, reasonable attorneys cps and costs of the title evidence. 22. Rafaesa. Upon payment of ati sums secured by thte Security Instrument, Lender shall roleap this Security ftnment, without charge, to Borrower. Borrower shall pay any recordation cost. 23. Attomays' Fen. As used in this Secutly Instrument and the Note, - attorneys' fees' shall inel a any attorneys' fees awarded by an appahata court 2$. Riders to this Security Instrumemf. If one or Moro riders are executed by Borrower and recorded together with this Security Instrument. the covenants and agreements of each such rider shall be inoorporated into and shall amend and supplement the covenants and agreements of this Security Instnanent n tf the rider(s) were a pan of this Security Instrument. (Check Applicable Box) ❑ AdlwtabW Rate Rider Rate Improvement Rider ❑ Condominium Rider ❑ Graduated Payment Rider ❑ 1.4 Family Rider Cl Second Home Rider ❑ Balloon Rider ❑ Biweekly Payment Rider ❑ Planned Unit Development Rider ❑ Othsr(a> (spsdy tE R coo SIGNING BELOW, Borrower accepts and agrees and covenants is Security Instrument and in any fidar(s) executed by Btxrawar and recorded with it. Signed, sealed and delivered in the.oresence JAI STATE OF FLORIDA rL !`: i is r• rlZida 3 COUNTY OF— ro ftQS Ir I hereby onniy that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to fake adcrwwlsdgamentb, personally appeared Marie MMouln and Jn Robert Ja Baptiste, to me known to be the persons) described it and who executed the foregoing instrument and acknowledged before me that (Hal she/ they) executed the same for the purpose therein axpr*BW. V41TNESS my hand and official seal in the County and State atorssoid Ihie 13� y of TF 2DD'}, My Commission Expires: O $,2 'M7101 f p r N IiCS Sgratu ; e- ( R M Notary's Printed Name ' File#: 06 -118 Packet Page -2791- N O M 2 aa) M 40 ci c c V 4f W V ~ m '~ E 0 - LL W m C a Z i S V w a S A w �E E O U c O C.? O v tC O m C 7 O U a� U LU �o OW }Q bC 0 _O 0 0 .o c is LL C O F- v c m Vl 7 O .0 H c 3 O U. b7 s 5 C O N N E o v U '2! d C W 0 C O �p U d O W= 'O Za pop c E�� 5Ea?A o =� m D LJL U CL LI = ai a� 'a m Lr a CL O O(hF N Omm 0Z O 2 W Packet Page -2792- 5/14/2013 16.D.3. o CD N Lo N N Co o 'ww�nui wxnwi�xnu.g > t Qom' Cr � Co 0 s t Zv ¢ N U.] Co J O ¢ Q otS U N �p Z LL V5 tT l0 1� -� r O = O N U') 'O C > N « w 0 v N O « N w CV N * Q Co ; > p « O U O N O M 2 aa) M 40 ci c c V 4f W V ~ m '~ E 0 - LL W m C a Z i S V w a S A w �E E O U c O C.? O v tC O m C 7 O U a� U LU �o OW }Q bC 0 _O 0 0 .o c is LL C O F- v c m Vl 7 O .0 H c 3 O U. b7 s 5 C O N N E o v U '2! d C W 0 C O �p U d O W= 'O Za pop c E�� 5Ea?A o =� m D LJL U CL LI = ai a� 'a m Lr a CL O O(hF N Omm 0Z O 2 W Packet Page -2792- 5/14/2013 16.D.3. o CD N Lo N N Co o U Q H E 0 Z 0 > Qom' Co 0 Zv ¢ N U.] Co J N ¢ Q otS U N �p Z LL V5 tT l0 1� -� O = O 'O C O U N Co _d _N C O U o N N CL Mn E E O U C O U O o m c 0 U d 0 U U Q H E 0 Z Prepared by; Collier County Housing, Human & Veteran Services 3339 E. Tamiami Trail Naples, FL 34112 SATISFACTION OF MORTGAGE 5/14/2013 16.D.3. AMW 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 Kristy Brodbeck to COLLIER COUNTY, recorded on June 6, 2008 in Official Records Book 4367, Page 2714, and re- recorded on December 3, 2008 in Official Records Book 4411, Page 1020, of the Public Records of Collier County, Florida, securing a principal sum of $27,448.50 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 1403, Vista III at Heritage Bay Commons, a subdivision as recorded in Plat Book 43, pages 46 through 54 of the Public Records of Collier County, Florida (9055 Gervais Circle #1403 Naples, FL 34120) 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 By: 2013, Agenda Item Number , Deputy Clerk Approved as to form and l sufficiency: Jeft E. right Ass s nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ, CHAIRWOMAN Packet Page -2793- !1&14 [S "LI. tV5 THIS SECOND MORTGAGE ( "Security Instrument ") is given on 11130 , 2008. The Second Mortgagor is: Kristy Brodbeck, a single wornan ( "Borrower). This Security Instrument is given to Collier County ("Lender"), which is organized and existing under W the laws of the United States of America, and whose address is 3301 Z. Tamiami Trail, Naples, Florida 34113 . cBorrower owes Lender the sum of Twenty goven Thousaad lour Hundred Forty Eight and 50/100 Dollars u ($27,,446. 50). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument ( "Second Mortgage "), which p provides for monthly payments, with the full debt, 1f not paid earlier, due and payable on sale of Property, refinance, or " Fos■ of hamaataad axe arption . This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the d e Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other corns, with Interest advanced under paragraph 7 ,o a to protect the security of the Security Instrument; and (c) the performance of Borrowers covenants and agreements under this Security o u Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described Q ,i°, property located in Collier County, Florida. w u d ra As more particularly described as Unit 1403, Vista 01 at Heritage Ba � mot the Public Records of Coffin County, Florida and which has the address of As particularly described in the attached Exhibit "A" ++ o ( "PrapsmyAddress "): 9055 Cervaie Circle 01403, Naples, FL 34120 din a a TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenance. rents, „mi ►'�. royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. An replacements y m and additions shall also be covered by the Security Instrument. AN of the foregoing is referred to in this Security Instrument as the "Property". ee a BORROWER COVENANTS that Borrower is Iawfull o at hereby conveyed and has the right to mortgage, grant and eeo o convey the Property and that the Property is unencumbe of record. Borrower warrants and will defend generally w the title to the Property against all claims and dema Y encu o m THIS SECURITY INSTRUMENT txsm ' covenanta for nations non - uniform covenants with limited variation by m ,0) jurisdiction to constitute a uniform security ist ring real property. UNIFORM COVENANTS. Borrower Le and roe foil X s 1. Payment of Principal and P d CM B r s II promptly pay when due the principal of and E' "interest on the debt evidenced by the Note. 4 2. Taxes. The Mortgagor will pay a a e e or to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be d 1) all taxes and governmental charges of any kind whol soever which may at any time be I r ' e Property, (2) all utility and other charges, including "service charges ", incurred or an r operation, maintenan use, upkeep and improvement of the Property, and (3) all assessments or other governmental die t may lawfully be paid 1 11 a period of years, the Mortgagor shall be Obligated under the Mortgage to pay or cause to only such installments to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the to rward to Mortgagee ev' payment. 3. Application of Payments. Unless app ' otherwis rits received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late 4. Charges; Llaes. Borrower shall pay all taxes, 1 m a and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold pay rots, H any. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph, and atl receipts avidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or deferds against enforcement of the lien in, legal proceedings which in the Larders opinion operate to prevent the enforcement of the lien; or (c) sawres from the holier of the Ilen on agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a ken which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 6. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including goods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carver providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Promises against such risks ad for such amounts as are customarily insured against and pay, as the some become due and payable, all premiums in respect thereto, Including, but riot limited I*, all -risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. AB insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, it the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not than due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security instrument, whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and pads resulting from damage to the Property prior to the acquisition shaft pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrowers Loan Application, Lossaholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security Insbur ent and shad continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or oonenit waste on the Packet Page -2794- X4237602 OR: 4411 PG: 1020 v' 5/14/2013 16.D.3. Rate: tORis AMiRICAi iITLS CO iiCORDID in the 0111CIAL iiC0aD8 of C061I11 COORI, iL ne iii 35.50 1IC[ DP 12/03/2001 at 11:20i 01107 1, 110CI, CUK S33CO1W MORTGAGE OBLD 2101.50 4175141 OR: 4367 PG: 2714 I Ral OBL n[ 21446 21.,0550 00 Reta: ROM Al 11W TITLI CO BCORD[D in the 011ICI L HCORDS of COLLIER COWT, IL DOC ",35 96.25 1IC[ u1 06106/2008 at 12:1011 D111097 1. BROCK, CL111 !1&14 [S "LI. tV5 THIS SECOND MORTGAGE ( "Security Instrument ") is given on 11130 , 2008. The Second Mortgagor is: Kristy Brodbeck, a single wornan ( "Borrower). This Security Instrument is given to Collier County ("Lender"), which is organized and existing under W the laws of the United States of America, and whose address is 3301 Z. Tamiami Trail, Naples, Florida 34113 . cBorrower owes Lender the sum of Twenty goven Thousaad lour Hundred Forty Eight and 50/100 Dollars u ($27,,446. 50). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument ( "Second Mortgage "), which p provides for monthly payments, with the full debt, 1f not paid earlier, due and payable on sale of Property, refinance, or " Fos■ of hamaataad axe arption . This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the d e Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other corns, with Interest advanced under paragraph 7 ,o a to protect the security of the Security Instrument; and (c) the performance of Borrowers covenants and agreements under this Security o u Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described Q ,i°, property located in Collier County, Florida. w u d ra As more particularly described as Unit 1403, Vista 01 at Heritage Ba � mot the Public Records of Coffin County, Florida and which has the address of As particularly described in the attached Exhibit "A" ++ o ( "PrapsmyAddress "): 9055 Cervaie Circle 01403, Naples, FL 34120 din a a TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenance. rents, „mi ►'�. royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. An replacements y m and additions shall also be covered by the Security Instrument. AN of the foregoing is referred to in this Security Instrument as the "Property". ee a BORROWER COVENANTS that Borrower is Iawfull o at hereby conveyed and has the right to mortgage, grant and eeo o convey the Property and that the Property is unencumbe of record. Borrower warrants and will defend generally w the title to the Property against all claims and dema Y encu o m THIS SECURITY INSTRUMENT txsm ' covenanta for nations non - uniform covenants with limited variation by m ,0) jurisdiction to constitute a uniform security ist ring real property. UNIFORM COVENANTS. Borrower Le and roe foil X s 1. Payment of Principal and P d CM B r s II promptly pay when due the principal of and E' "interest on the debt evidenced by the Note. 4 2. Taxes. The Mortgagor will pay a a e e or to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be d 1) all taxes and governmental charges of any kind whol soever which may at any time be I r ' e Property, (2) all utility and other charges, including "service charges ", incurred or an r operation, maintenan use, upkeep and improvement of the Property, and (3) all assessments or other governmental die t may lawfully be paid 1 11 a period of years, the Mortgagor shall be Obligated under the Mortgage to pay or cause to only such installments to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the to rward to Mortgagee ev' payment. 3. Application of Payments. Unless app ' otherwis rits received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late 4. Charges; Llaes. Borrower shall pay all taxes, 1 m a and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold pay rots, H any. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph, and atl receipts avidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or deferds against enforcement of the lien in, legal proceedings which in the Larders opinion operate to prevent the enforcement of the lien; or (c) sawres from the holier of the Ilen on agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a ken which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 6. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including goods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carver providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Promises against such risks ad for such amounts as are customarily insured against and pay, as the some become due and payable, all premiums in respect thereto, Including, but riot limited I*, all -risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. AB insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, it the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not than due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security instrument, whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and pads resulting from damage to the Property prior to the acquisition shaft pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrowers Loan Application, Lossaholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security Insbur ent and shad continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or oonenit waste on the Packet Page -2794- 5/14/2013 16.D.3. OR: 4367 PG: 2715 Property. Borrower shall be in defsuk if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good tooth iud~ could result in forfeiture of the Property or otherwise materially impair the Ilea posted by this Security instrurtbM or Lender's aawrih interest. Borrower may cure such a default and reinslak, as provided in paragraph 18. by Causing the action or Proceeding to be dismined with a ruling that, in Lenders good faith determination, Precludes forfeiture of the Borrowers interest in the Property or other material ban ��the lien Created by this Security instrument or Lender's sewrtty interest Borrower shall also be in default If Borrower, during the process, gave materially false or trmaccurate information or statements to Lender (or failed to provide Lender wkh any material information) in connection with Qx loan evidenced by the Nola, including, but not limited to, representations concaming Borrowers occupancy Of the Property as a principal residence. If this Security instrument is on a leasehold, Borrower shall comply with sit the provision of the lease. If BOMMW acquires fee title to the Property, the leasenwe and the fee ON shall not merge unless Lender agrees to the merger in writing. 7. Ptossetlon of Lenders Right In the Property. If Borrower fags to perform the covenants and agnemenfa contained in this Security Instrument, or there is a legal proceeding that may significantly affect Landers tights in the Property (such as a Proceeding in bank kru the value otethe condemnation or forfeiture or to enforce Is" or regulations), then Lender may do and pay for whatever is necessary to has Property and Lendeds rights in the Property. Lenders actions may include Paring any sums secured by a lien which P" over this Sewrtty Instrument, appearing in court, paying reasonable attorneys' foes and entering on the Property to make repairs. Although Lender may take action under Nis paragraph 7, Lender does eta heave to do so. Any amounts disbursed by Lender under this Paragraph 7 shall become additional debt of Som ww secured by this Security Instrument Unless Borrower and tender agreed other henna of payment, ghee r suer re shall bear yment. from the dote of disbursement at the NOte rate and shall be payable, with interest upon notice from Lender to Borrower requesting payment. � Instrument Borrwver altoll urance. If Lender required mortgage insurance as a condition of making the loan secured by this Sewifty cove pay the Premiums required to maintain the mortgage Insurance in Meet. If, for any reason, the mortgage insurance raga required by Lender lapses or cows te be in effect, Borrower shad pay the premiums required to obtain Coverage substantially equivaentd to Bx mortgage insurance previously in effect, at a cost substantially equivalent to the coat to Borrower of nix mortgage insurance avaaipaWe. Borrower Shall f � an pay to Lender mortgage nth a approved by Lender. If "$U" fatly equivalent mortgage Insurance coverage a nor Borrower when the insurer" coverage each month a sum equal to ore- 1wsHth of the yearly mortgage insurance Premium being paid by in lieu Of m or owed b be in effect. Lander will accept, use and retain these Payments as a loss reserve mortgage insurance. Lars reserve PaYMO(ft may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) Provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirenrtent for mortgage insurance sods in accordance with any written agreement between Borrower and Lender or applicable law. 9. IrgF , on. 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 reyonable cause for the inspection. Or COW 1g. Condemnation. ray par The proceeds of any sward or claim for damages, direct or consequential, in connection with any condemnation went ofta�al of tinY Dart MP Property, or for conveyance in lieu of Condemnation. are hereby assigned and shall be paid to Lender. In the with any excess paid to Borrower. In the avant of s partial t sums secured by this Security Instrument, whether or not than due, taking Property, in which the fair market value of Use Property immediately before the talking is equal to or greater then the amount of the aeeut this Security Instrument immediately before the taking, kxtINS Borrower and Lender otherwise agree in writing, the sums t�t s n grurreM shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount before the taking, divided by (b) the fair market value of lM Property imrnediaky before the taking. Any I be paid to event of a Partial taking of the Property in which the fair market value of the Property immediately taking is less than the M o s sums seared immediately for the taking, unless Borrower and Lender otherwise agree in pficable kw Othe the proceeds shall be applied to the suns secured by this Severity Instrument whether or t Lends and r otherwise agree in wetting, any application of proceeds to principal shall not d r pos ne to of month referred to in paragraphs 1 or change the amount Of such payments. 11. BorrOWw Not Released, F rot a r. f time for payment or modification of amortization of the sums secured by this So rity 1 e b to in interest of Borrower Mall not operate to release the Nobility of the original Borrower or ' ' L be required to Commence proceedings against arty successor in interest or refuse to t' r payment or oth Ity stion of the sums secured by this Security Instrument by reason of any demand made by inal Borrower or B su interest. Any forbearance by Lender in exercising any tight or remedy shall not be a we preclude the madly, 12 8uccsesm and Assigns Bound; Seve ral Lle btlity; o Covenants and agreerrents of this Security Instrument shall bind and benefit the successors a of Lender and BO to the Provisions of paragraph 17. Borrowers covenants shall be' ' rat Any Borower who cosigns this Security Instrunnem but does not execute the Note; (a) is co-sign to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; gated te pay the sums seared by this Security Instrkxnent; and (e) agrees that Lender and any Other Borrower may agree to exten ,modify, forbear or make any accommodations with regard to the terra of Nis Severity Instrument or the Note without that Bomowers consent 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum ban datges, and that law is firaay irktarpreted so that the Interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such ban charge shall be reduced by the amount necessary to reduce the charge to the permitted emit; and (b) any sums already colleoted from Borrower which exceeded Permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment Charge under the Note. 14. Notkas. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by malting it by fast class mall 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 Of paragreph. IL downing Law; SeverabUity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the went that any provision w Clause of this Security Instrument or the Note conflicts with app Is low, welt 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 Nee are declared to be severable. tali. &Wroaera Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 17. Transfer of the Property ore Beneficial Interest in Borrower. If all or any part of the Property or any interest ink is sold or transferred (or N 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 ini madiaeo payment in full of all own secured by this Security Instrument However, this option awl not be exercised by Lender if exercise is prohibited by kderst low 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 Nan 30 days from the dale the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower tails to pay these sums prior to the expiration of this Period, Lender may invoke any remedes permitted by this Security Instrument without further notice or demand on Borrower. 111. Borrowers Right to Reinstalls. If Borrower meets certain conditiora, Borrower shall have the right to have eMorceraM of this Security inshum rat discontimad 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 contdlUons are that Borrower. (a) pays Lender so sums which then would be due under this Security Instrurnerd and the Note as if no acceleration had occurred; (b) Axes and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrowers obligation to pay Me awns secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security lnafnmx„ent and the obligations secured hereby shall remain fully effective as N no acceleration hed occurred. However, this right to nelnstete stab not apply In the cega io accetsretwn under paragraph 17. 1/. Bala of Note; Change of Loan Bervleer. The Note or a partial interest in the NOW (together with this Security Instrument) may be sold one or more tines withrnrt prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Swvieer') that COMM monthly Payments due under the Note sod this Security Instrument. There also may be one or more Changes of the Loan Servtcer 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 Packet Page -2795- US �7 .sot. .is Gam'] F-+ O sv J 5/14/2013 16.D.3. * ** OR: 4367 PG: 2716 xxx paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shag not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Sommer shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Envirorwriental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower looms, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in fhlo paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Lave and the flowing substances: gasoline, kerosene, other fiammablo or toxic petroleum products, twat pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materisis. As used in this paragraph 20, "Environmental Law^ means federal lows and laws of the jurisdiction whore the Property is bested that relate to health, safety or environmental protection. 21. Acceleration; Renedles. Lender shall give notice to Borrower prior to acceleration fallowing Sorroweh breech of any covenant 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 are the default (c) a date, not Less than 30 days from the data the notice is given to Borrower, by which the default must be eumd; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums sewed 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 ran - 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 this notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, Including, but not limited to, reasonable attomey's fees and costs of the title evidence. 22. Release. Upon payment of all sums seared 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 Securtty Instrument and the Note, - attorneys' fees" shall include any attorneys' fees awarded by an appellate court. 24. Riders to this Security InstrurnaM. 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 smand and supplement the covenants and agreements of this Security Instrument as If the rider(s) were a part of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Graduated Payment Rider ❑ Balloon Rider ❑ Others) (specify ❑ Rate Improvement Rider ❑ 1.4 Family Rider /� R ❑ Biweekly PayeraFn cue -- SIGNING BELOW, Borrower accepts and by Borrower and recorded with it. Signed, sealed f nd)lolivpM in the Signature: O Co. 80"o1 ❑ Condominium Rider ❑ Second Home Rider Unit Development Rider O N� d I this city instrument and In any rider(s) executed .tit• rte-► s—+ .b 1Lr Brodbeck o O v X55 Gervais Circle 51403 Naples, Florida 34120 STATE OF FLORIDA COUNTY OF L' n l 1 Q ei 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 Kristy, Brodbeck to ma known to be the person(s) described in and who executed the foregoing Instrument and scknowiedged before me that (He) ales/ they) executed the some for the purpose therein expressed. WRNESS my hand and official seal in the County and �oresold this ., day My Commission Expires: otary Public's sill IMELDR DE LEON (Seat) Notary's Printed Name File #: 08 -004 HUM DE LEON k WY MAS810N r DD 656062 E%PAES: Mao 2P, 2011 rsrrrnr resrrrtisre knrMwrrr Packet Page -2796- 5/14/2013 16.D.3. EXHIBIT "A" *** OR: 4411 PG: 1023 * ** Unit 1403, Building 14, of VISTA III AT HERITAGE BAY, A CONDOMINIUM, according to the Declaration of Condominium thereof, as recorded in Official Records Book 4322, Page 3638, of the Public Records of Collier County, Florida, as amended. C?)�' �O ?'CIE aI Packet Page -2797- G 1 (11614- 08- 0006S.PM/11614 -08- 00065/46) FOND": -COSTOENTS.R -,,.., -AMOUNT. Al - 7-T -Al Packet Page -2798- C 5/14/2013 16.D.3. ZO ur C"; a Is 0 M�r g,!3 CO 5/14/2013 16.D.3. Prepared by: Collier County Housing, Human & Veteran Services 3339 E_ Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Donald Sloat & Laura Sloat to COLLIER COUNTY, recorded on April 3, 2009 in Official Records Book ±440 , Page 1461, of the Public Records of Collier County, Florida, securing a principal sum of $2.746.00 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: Golden Gate Est, Unit 93, E 306 FT of TR98. Collier County Florida. 3180 36th Ave SE Naples, FL 34117 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 - 2013, Agenda Item Number ATTEST: DWIGHT E. BROCK, Clerk 0 , Deputy Clerk Approved as to form and lea sufficiency: J f E. right Ak!#nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ, CHAIRWOMAN Packet Page -2799- N MD REPUBLIC NATIONAL TITLE INSURANCE COMP GM Die !E DS EACH FL., 83441 D -b D&ma5 I '7 Under Section 201.24 of the Plorids 311cm 5/14/2013 16.D.3. 4279312 OR: 4440 PG: 3461 It/1312011 MID intt1 01am CIIIII1 It IIOft U 0411 C= >!L 030 2144.11 OKI 2144.00 nt nl 44.10 lets: OLD WgLIG IUTL fITLI III g w 1 Za4aon 1Li0 1110 DROEMA Ulu iL 1101 Statute&, this Mortgage and corresponding Note are exempt from all docurentary and intangible taxes. THIS SECOND MORTGAGE l'So=* Melr~V) le tlbae on . am, TMa t' BMW MDAP er it booa1d gloat. .& arsrio3 mm. Joined by hie wife, Laura. Sloar r"eww"n. TtA tisaaky h+elnernnt Is plan to Collier t".mant9 rLandw -A wldott b mgen�d end ndn0tg Witter Ow Iowa d Or UrAad f dw of Anariw, and writ-&! 1d1b1es b 3303 i. -NEW rsa31. ate,_ 11oriCa 12 . Borrower oat. Lwtdw fls an d Two lLeesamd a..w !<tmdsed lerCY ass .oa 0 i3! o� linr.'T L7d TNe debt b avIdowr.d by Banawre Nob tats& deb a baaftp ralntntarR 1r trrwraMy paymenb, wlr ft fur 004 1 not PaW eadler, drys artd pwf" m a e o! sstiasaee or ILwa of lsaweatead asaas3►tien . THO Saeunly InMnawtl asaam b lartder (a the teparnerlt a tlw debt by in , wMh tttsnal e1a11O twrvAb sldttrlorw and modlimOOtw; (b) 010 paymml of pl odtw mats wpb M1raa athwneOd t&tdrpergaph 7 b pmted the wmafly d Dw Sam" Imbuttard: and (o) so Palo— of aonowaes oovsnwlte and oprmmnb under Orb BoWXN r beYtasrd and IM Nola, for M purpma, Sonowsr dam hatdry &lama fnwgepa, grant and owtswr m lsntler lAa IblbtMlrq deaerkled prowty boated to Calliar Deunty, Flanda AB iron. psraat/eny daeertbed as Ogaden Ow IK- UrrR,at, I= R of TR aa, ftMw 100ee4r, Root end tsftldh 1111111#10 Oddtm Ot CFMP"Addraae'): 31ao 3ta Ave S3, tltaslaa, n 34117 TOGETftER VvRM ak llr knpt0vinaeb rrow ar harlalbr awebd oe the t>toptrb, and rip ensreerN, tghq.lPfaslaltwtom, nib, royelam, nirtarOl d and yea fiphb turd RdM<. asbt riphb 1n wNt and aI Ibd&es maw orlwrsaaer s !+� el tlw prapany. Al nalmernw+ts and addlOan a1a0 also b 00vettd by ttr Blwurtq N+sbtarwM Al era brapobg Is mftm d Iola Oft 86WA* bfleifn ant "Is *PMPW. BOlfylOM COVENAKM std ftflnowls Wv** @*W dtla &gale beer ttwlvgad and eras ar +Loner b rrwlpapa, .r d xm" aw PrepwW and that the PtoparaNatarnobm0erad, for tbrarrra d!&mart BerrOwr wsrrar0s and 1001 dalbne gerwratY the ft to va pmosa y against d mans Ord drtwndy a ter a d Hoard TH)S t1ECURITY INPRUM ENT own-- and wn4me1wnr aorann la w1h RPM verblbn by koWdellan to awolkole a unaban astattky pttspady. UNIPORM CO'MANTS. Bawotar and t and ages m t. Prymastof Prtaeipal mad NWesrs and Lab Chargew f1 uM" pay w+en duct Oa pdndpat of and WOW on Me debt evl wmw by tta Nob L Tom. The MarlIapor wpl ply m T r n wow or to the wwail d any pwwww w IMawt thanon, The tbrVagar ehal pay or more b Y ( t) d Ism and gwmrtawntal ohwpae td any and owtva arwhbb may st try ihs ba or b Pmpartr. (2) all armor told tfllar oherpm, MdWdlnp'tarvfw nhetpm', Inarwd or vouno end btgravemortt d Ow Property. and (S) d m uNwa or dew yovlrretanMl der y a Potod st tw1n. f)r Mw'toepor that ba oblpaad under on merlyaoa to pry or 0101011 only etroh insb ■ ba ON dw" V* term of errs 1ltargegw and aw, pnanp0y railer 010 paymwd of any d ow Q, 1 kt Mort1D IerYnwt 4. Applind n of Payowrlb. iktlws IMF AM noelred by Lander and be appbd: ars4 to Mbaest due; and, to pindpd dw, arc uek to due under ptt Nde 4. Chagmt Lbrr1. gwmmr chap flay allatat, air Mgoertos aklbulabb to ow PropeAy ttedeh may attain prtoeb over Orb Saarrpy Prim nil and baaM BOnOWN star prongky Wish b Lardsd nohow d &manta to be pold under aide eartorsilk end a b. Sorvww s&I wwn; b any Ilan whM bm aeaaky t aefatwnt wawa Barmaisr to) lgraea M wMra to It* payment of to oblosden &&mead by tls Herr M s near aaoepeabbto t ender; Lb) uOpWlk Ia o7td aMh tit Nit bY, erdd0rale a011t1Ot antoroemW or the Nn b, bBp preaat4pe wlttolt M Oa Lerttler'e epYlbn oplleoe b pnve++1 ar erdottsimrnt w tba Mr>: a (q aaetree hem air hajWDf the Ian on Watmatri ssllbnory b Larder mbm*m tbq Its Mn-to ble eeaaMy Immanent H Lerdr ddKmkw WOW W of" t'ropwtr is s<b(ed to a oats wMah may stain 11010ft aver 00 Sasrrrlly btdralllwtl Landr may Ow tiauarar a Mw- idWWAV the Man. Benowr Ohsp &awry Os Mn a tab* one or more of ft &tailors ad I0M above wlglbt to days d Ow gMny d trod&. L Hatatd arts omty Inawwlor. Bwww %W bapthe ftmvaawme mar&!&tiro orhweaw&noted on Ib PropertyYtwled apetnat law by Me, haanfa b+dadsd waYn the ants lnaandef oowrapd an any atbr haw", Irwhowng floods or IlMerq. ror wdtlarr LWOW tepubse btmrrsrtae. TftL lnetaartaa Mrl bO tmbdabad M Ore omourrb and tbrtllr pNbde tlat I.ardw ra0tint. Ttr'N1f11tatel tafldsr prw4dkw Ore bswanee sbl be dwes y 60n0wer fubjed b Landw'e apprord trtdlth abd not b treemoeaelf wMtlrbL If Bonovar rate to mnbin wvena dasabed eI n Lwdw mry, at UwA@ft apt Ion, abhin awA aw top (arrder's rbMs b Ow PrapO�r h OaoordOnae wfth pwwWh T. Al all Orm Owl Ito Nam Is t&Mbrldrrp 011 Mtodp&Do ehM mtltMn bewartoa taller nl9 " tw SN Ptwtdtw ePI11W etloh meta and hr suah arrtalb a ae eurbtntlyhratasd agolotw4 pry, as the am borer dw and poyabb, 110 prwnk e N rlOpadttwrab, Mwhrdtrg, but rat Itro wd to, s0•rbk Mstaerroe praladttp Ow b waft d to mortgagor and war"Ites sp im Ime or tern a 10 the Prwrdme by ?-. lytMg. end W w cuuelin awontrq hated e9a4nt LWvft bller elgl0tian g apprdlabt0l VA a W ttrnttfadad slmrded twe►trpe anolerrr:tl Indpding debrb aanoval aerwapa titldr ktaorltt0e to d tlmm b b M a atrtaunt rot bas Oran tla Mel repteeanwnt eat otilw PrOmbat awash of bo*w and f meta wr. A0 insurwse pdbaas end nrtewela sF+el b auapblbb t1 Lander and shit herds a OandsN morfgega lbws& Larder std have term right w told tla paftalm and ranwNate. err Landes fpgtlhm Bwlovrarfttr fxarapNr tube b fartda► d ramille d pad otaaaunr and ronerral notba. to 0ta wen of tom. 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R ❑ Panned thek Dsrabpnwrrt Rider Ora) (•p•rny co�fV \ MMINO BELOW, 00NOWaaoapls ad / snno ad tnvertanr men rime fearky ftt" e%rR sM In a"Mv(s) eeaalisd by farewr and remadad wkh R %ii �ll • COUNTY Olr cryj,� I hereby up" fork ore tda day, baba on, an aMm duly auf mW In On sale alaeSald and In o» eattnty aWwdd 11110110 W*Mw sdpar 4"t% pwnn* opprab ba-W 81st Ise kno)eet` to be person(a) daaa11, N and wne wwouled fn faapobe2 Irlsbtsrrinb and a waWlldpd bHaa me taut ow abW6e .•lleawoulhdl ow a na for" purpaa ANkstn alpfaaad. w ��p VMI TAIF.88 my hard std aI11tlY mw h 1M Canty sled 8aM OWN d slay d ra l hby ColartYsslon E1pNec � /�`.�� � lealaly (mil E,IfNOC t. IttaUrO Notary re0k • bur al 140"1 W eoommi l Was Ai 14,!011 Corneae r pOIC/IIl er ra T*V* NNi";1 va" tam, Foe#: L�ga3'"Siacrlptioa: '�+ The East 306 feet of Tract 98, of GOLDEN GATE ESTATES UNIT NO. 93, according to the Plat tbersof, as recorded is Flat Book 5, ?age 32, of the Public Records of Collier County, Florida. - — Packet Page -2802- -- FIRST INTER Rf-g A jg&OW ACCOUNT 4g: SffIf' Joe-,, 4qcrx borrJd f Lain Sj o4+ Frv## 09--d5 I Mar 29,2013 le 3180 36th Ave. S.E. 13 -4586 S1Oat s/t Perkins FIRST INTEGRITY TITLE, INC. ESCROW ACCOUNT 3838 TAMIAMI TRAIL NORTH, SUITE 301 NAPLES, FLORIDA 34103 (239) 281 -5333 PAY RJU117TO APR ,022013 HOUSING & HUMAN SERVICES --fPJM SECTION j� � LJhiG- IBERIA BANK 84.7041!2852 5/14/2013 16.D.3. 2, 746.7OJ9 2,746.00 780S March 29, 2013 b * *Two Thousand Seven hundred Forty Six dollars & no cents ** * *S2,746.00 Collier County Board of County Commissioners TO THE ORDER I OF d Fite No. 13 -4586 3180 36th Ave. S.E. Aurr+owzeo 81tiNATURE i f Packet Page -2803-