Loading...
Agenda 09/24/2013 Item #16D 2 9/24/2013 16.D.2. EXECUTIVE SUMMARY Recommendation to approve three (3) satisfactions of mortgage for State Housing Initiatives Partnership Program (SHIP) in accordance with the Board's Short Sale Policy, accepting $4,243.10 to satisfy the total value of the initial mortgage($64,885). OBJECTIVE: Approve and authorize the Chairwoman to sign three(3)satisfactions of mortgage. 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 the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance or loss of homestead exemption. On February 28, 2012, Agenda Item 16.D.7, the Board of County Commissioners approved a Short Sale Policy for the SHIP program. The Short Sale Policy provides a settlement amount towards the down payment assistance in the amount of 6% of the Collier County loan amount or $6,000.00 (whichever is less but never less than $500) in an effort to facilitate a Short Sale. The recipient, as the seller of the property, must not receive funds from the short sale. The following table contains relevant details. The recipients received no funds from the short sale as evidenced by the HUD1. Recipient Name First Mortgage First Mortgage SHIP Mortgage Payoff Amount of the Public Record&date of Accepted Payoff Public Record&date second mortgage HUD1 mortgage signed HUD1 Line 504/505 mortgage signed Line 505/508 Salomon&Gloria Silguero $119,414.00 $98,789.50 $2,500.00 $500.00 OR:3087/PG:0787 OR:3087/PG:0796 08/07/2002 08/07/2002 Priscilla Doria $131.000.00 $61,089.30 $27,285.00 $1,637.10 OR:4130/PG:1112 OR:4130/PG:1131 10/31/2006 10/31/2006 Danny and Nora Valdez $212,276.00 $96,255.42 $35,100.00 $2.106.00 OR:4380/PG:2780 OR:4380/PG:2796 07/23/08 07/23/08 Total $64,885.00 $4,243.10 Approval of this item will authorize the Chairwoman to sign the aforementioned satisfactions of mortgage for recording in the Public Records of Collier County,Florida. FISCAL IMPACT: SHIP funds in the amount of$4,243.10 have been repaid and will reside in SHIP Grant Fund 791, Project 33258.1 and are considered program income. Such funds may be reused for eligible SHIP program activities. The ten $10.00 dollar recording fee will be paid by each of the recipients. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval.—JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Page-1624- 9/24/2013 16.D.2. RECOMMENDATION: Approve and authorize the Chairwoman to sign three (3) satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of the Short Sale Policy. Prepared By: Wendy Klopf, Operations Coordinator,Housing, Human and Veteran Services Packet Page-1625- 9/24/2013 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.2. Item Summary: Recommendation to approve three (3) satisfactions of mortgage for State Housing Initiatives Partnership Program (SHIP) in accordance with the Board's Short Sale Policy, accepting$4,243.10 to satisfy the total value of the initial mortgage ($64,885). Meeting Date: 9/24/2013 Prepared By Approved By Name: KushiEdmond Date: 8/20/2013 1:12:12 PM Name: GrantKimberley Title: Interim Director Date: 8/20/2013 10:32:38 PM Name: SonntagKristi Date: 9/2/2013 8:38:43 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 9/10/2013 5:01:09 PM Name: RobinsonErica Date: 9/11/2013 11:15:06 AM Name: CarnellSteve Title: Purchasing/General Services Director Date: 9/11/2013 1:55:02 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 9/13/2013 11:14:30 AM Name: FinnEd Packet Page-1626- 9/24/2013 16.D.2. Title: Senior Budget Analyst, OMB Date: 9/13/2013 12:08:11 PM Name: KlatzkowJeff Title: County Attorney Date: 9/13/2013 1:45:25 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/16/2013 10:43:00 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/16/2013 3:47:08 PM Packet Page-1627- 9/24/2013 16.D2. Prepared by:Wendy Klopf 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 Salomon and Gloria Silguero to COLLIER COUNTY,bearing the date of August 1,2002 ,recorded August 7,2002 ,in Official Records Book 3087 ,Page 0796 , of the Public Records of Collier County, Florida, securing a principal sum of$2.500.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned Mortgage. COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28, 2012, Agenda Item 16.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2013,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK GEORGIA A.HILLER,ESQ. CHAIRWOMAN Approved for form and legality: Jennifer A.Belpedi Assistant County Attorney Packet Page-1628- 9/24/2013 16.D.2. Prepared by: Wendy Klopf 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 Priscilla Doria to COLLIER COUNTY,bearing the date of July 18,2006 , recorded October 31,2006 , in Official Records Book 4130 ,Page 1131 of the Public Records of Collier County, Florida, securing a principal sum of$27,285.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned Mortgage. COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28, 2012, Agenda Item 16.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2013,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK GEORGIA A.HILLER,ESQ. CHAIRWOMAN Approved for form and legality: A.Belp l ti J Jennifer A Assistant County Attorney Packet Page-1629- 9/24/2013 16.D.2. Prepared by:Wendy Klopf 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 Danny and Nora Valdez to COLLIER COUNTY, bearing the date of July 17,2008 ,recorded July 23,2008 , in Official Records Book 4380 ,Page 2796 , of the Public Records of Collier County, Florida, securing a principal sum of$35,100.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned Mortgage. COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28, 2012, Agenda Item 16.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2013,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA B By: ,DEPUTY CLERK By: GEORGIA A.HILLER,ESQ. CHAIRWOMAN Approved for form and legality: Jenne er A.Belpedio Assistant County Attorney Packet Page-1630- 9/24/2013 16.D.2. a. Settlement Statement NirU.S.Department of Housing and Urban Development OMB Approval No.2502-0255 Type of Loan O FHA 2.0 HMS 3.MConv.Unins. 6,File Number 7.Loan Number 8.Mortgage Insurance Case Number ❑VA 5.0 Cony.Ins. 13-7509K - .Note:This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items marked"(p.o.e.)"were paid outside the closing;they are shown here for Information purposes and are not included In the totals. Name and Address of Borrower E Name and Address of Seller - GERVASIO ANDRADE SALOMON SILGUERO JR F.Name and Address of Lender 280 20TH ST SW GLORIA A SILGUERO NAPLES FL,34117 5473 CATTS ST TI-11 IS CERTIFIED 1°() NAPLES FL,34113 E A TRUE COyP-�Y 1.Property Location H.Settlement Agenntt rV c___ N, 5473 CATIS ST TOWN&C r / .,,� � NAPLES FL,34113 1575 PINE RIDGE ROAD,SUITE 11,NAPLES, . Place of Settlement I.Settlement Date 1575 PINE RIDGE ROAD,SUITE 11 07/30/13 NAPLES,FL 34109 J.SUMMARY OF BORROWER'S TRANSACTION: 'K.SUMMARY OF SELLER'S TRANSACTION: 00.GROSS AMOUNT DUE FROM BORROWER 400.GROSS AMOUNT DUE TO SELLER 01.Contract sales price 110,000.00 401.Contract sales price � 110,000.00 02.Personal property 402.Personal property 03.Settlement charges to borrower(tine 1400) 920.92 403. 04. 404. 05. - 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 06.City/town taxes to 406.City/town taxes to 07.County taxes to 407.County taxes to 08.Assessments to 408.Assessments to 09. 409. 10. 410. 11, 411. 12. 412. ;. 20.GROSS AMOUNT DUE FROM BORROWER 110,920.92 420.GROSS AMOUNT DUE TO SELLER 110,000.00 100.AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500.REDUCTIONS IN AMOUNT TO SELLER !01.Deposit or earnest money I 3.000.00 501.Excess Deposit(see instructions) 102.Principal amount of new loan(s) 502.Settlement charges to seller(line 1400) 5,545.00 ?03.Existing loan(s)taken subject to 503.Existing loans taken subject to ?04. -504.Payoff of first mortgage loan 98,789.50 Kondaur Capital Corporation MIN$103,099.50 105. 505.Payoff of second mortgage loan 500.00 Collier County Board of County Commissioners 206, 506. 207. 507. 203. ---- 508. 209. 509. --- Adjustments for items unpaid by seller Adjustments for items unpaid y seller 210.City/town taxes to 510,City/town taxes to _ 211.County taxes 01/01 to 07/31 355.50 511.County taxes 01/01 to 07131 355.50 212.Assessments to 512.Assessments to 213. 513.Lien Payoff Ford Motor Credit -_ 1.810.00 214. 514. -_ . 215.Credit for rnlssino NC 2,000.00 515.Credit for rniss:nu NC 2,000.00 216. 516. 217. 517. 218. 518. -- 219. 519. I _ 220.TOTAL PAID BY f FOR BORROWER 5.355.50 520.TOTAL REDUCTION AMOUNT DUE SELLER 110,000.03.' 300.CASH AT SETTLEMENT FROM OR TO BORROWER 000.CASH AT SETTLEMENT TO OR FROM SELLER 301.Gross amount due from borrower(line 120) 110,920.92 601.Gross amount.due to seller(line 420) 110,000.00 302.Less amounts paid by/(or borrower(line 220) 5,355.50 602.Less reduction amount due to seller(line 520) 110,000.00 303.CASH FROM BORROWER 105,555.421 603.CASH TO SELLER 4110, '.. FINAL Packet Page 4631-HUD-1(3/86)ref Handbook 4305.2 S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 9/24/2013 16.D.2. SETTLEMENT STATEMENT PAGE L.SETTLEMENT CHARGES: File Number.13-7509K PAID FROM PAID FROM '00. TOTAL SALES/BROKER'S COMMISSION based on price$ 110,000.00 @ 4.00= 4,400.00 BORROWER'S SELLER'S Division of commission(line 700)as follows: FUNDS AT FUNDS AT SETTLEMENT SETTLEMENT '01. $ 2,200.00 to RE/MAX AFFINITY '02. $ 2,200.00 to RE/MAX AFFINITY '0 mmission paid at Settlement 4,400.00_ 'l .OKER FLAT FEE RE/MAX AFFINITY/RE/MAY,PJ=FINITY _ 295.00 100. ITEMS PAYABLE IN CONNECTION WITH LOAN P.O.C. 101. Loan Origination Fee - 102. Loan Discount 103. Appraisal Fee to 104. Credit Report to 105. Inspection Fee to -_-.._.---.. -.__.......-_._.......---..T..--_._ 106. Mortgage Broker Fee to 107. Tax Service Fee to ' 108. 109. 110. 111. 112. 113. 314. --... 315. )00. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 301. Interest from to (a$ /day 102. Mortgage Insurance Premium to 103. Hazard Insurance Premium • yrs.to 104. 305. 300. RESERVES DEPOSITED WITH LENDER FOR 301. Hazard Insurance mo.@$ /rno. 302. Mortgage Insurance mo.@$ /mo. 303. City property taxes ma.@$ /ma. 004. Count .ro.ert taxes mo. $ /mo. 005. Annual Assessments _ mo.(d/$ /mo. 006. Flood Insurance mo.@$ /ma. 007. Windstorm Insurance mo.@$ /mo. 008. Aggregate Reserve for Hazard/Flood Ins,City/Count tor' TITLE CHARGES ttlement or closing fee to TOWN&COUNTRY TITLE 450.00 750.00 1. ,ostract or title search to TOWN&COUNTRY TITLE 75,00 103. Title examination to - 1 104. Title insurance binder to _ 105. Document preparation to 106. Attorney Fees to 107. Attorney's fees to (includes above item No: ) _ 108. Title Insurance to TOWN&COUNTRY TITLE 625.00 (includes above item No: (SI RISK$25) _ ) 109. Lender's coverage 1110. Owner's coverage 110,000.00--625.00 1111. 1112. 1113. 200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees Deed$ 18.50 ;Mortgage$ ;Releases$ 18.50 1202. Cif/county/stern s Deed$ ;Mort.age$ 1203. State tax/stamps Deed$ 770.00 ;Mortgage$ 770.00 1204. Deed$ ._;.Mortgage 1205. RECORD CC SATISFACTION 10.00 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey _to 1302. Pest inspection to 1303. LIEN SEARCH COLLIER COUNTY 25.00 1304. WATER/SEWER BOARD OF COUNTY COMMISSIONERS - 47.42 1305. ---- 1306. -__ --- - 1307. 1308. 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502,Sections J and K) I 020.02 0.545.00 Ss Packet Page-1632-HUD-1(3/86)ref Handbook 4305.2 9/24/2013 16.D.2. HUD-1 SETTLEMENT STATEMENT File Number:13-7509K • I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction.I further certify that I have received a copy of the HUD-1 Settlement Statement. Buyers AW (ERVASIO ANDRADE _..- In the event a proration of taxes is necessary when the tax bills for the current year are prepared, the parties agree to handle said re-prorations between themselves. Sellers f (� .PSLY-pi-a, SALOMON SILG[JERO JR GLORIA A SILGUEI(0 Settlement Agent The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. TOWN&?O`I 1 Y TITLE By: Date:July 30th,2013 Packet Page-1633- 3027249 OR: 3087 PG: 0796 9/24/2013 16.D.2. Inn: V x ACTIOR SITU CO RICORDID In the OrrICIAL RECORDS at COLLIER CODRTI, P1 OBLD 2500.0C _ ?ICI UP 01/0112002 at 12:i2PK OUGHT I. BROCR. CLIRI OBLI 2500.00 ---ACtk n T he= RIC in 15.00 SOND MORTGLOE RC DOC-.35 1.15 3733 McMinn Trait N. IKT-,002 5.00 n .._.'7 Maples,FL 34108 aJ,QOTon'ft./ ...ea THIS SECOND MORTGAGE('Security instrument')is given on August'.2002. The Second Mortgagor is: Salomon&Gloria Silguero,Husband end Wife ('Borrower'). This Security Instrument is given to Collier County ('Lender'),which is organized and existing under the laws of the United States of America,and whose address is 3030 north aoreesboe Drive, Suite 275, maples, rlorida 34014 . Borrower owes Lender the sum of Two Thousand Five Itundred and Mo/100tchs Dollars(U.S. $ 2,S 00.00 ). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument('Second Mortgage').which provides for monthly payments,with the full debt,It not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located In Collier County,Florida. As more particularly described as Lot 37,Bieck 5,Napier Manor Extension,Collier County,Florida and which has the address of: ('Property Address'): 5493 Cutts Street, Maples, rlorida 34113 rP.% ICrr1 I.+•1 I2w TOGETHER WITH all the Improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rigs and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and eddItions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the'Property'. BORROWER COVENANTS that Borrower le 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 we defend generally the till,to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non'uniorm covenants with limned variation by jurisdiction to constitute a untiomn security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as. and Ch fol Borrower shall prorpromptly peY when due principal of and Payment of Principal end Intereal Prepayment a Late Merges, interest on the debt*Ndsnced by the Note. 2. Taxes. The Mortgagor will pay as taxes a ircere t8 4er i r water rates prior to the accrual of any penalties or interest thereon. / i-1 a,(A)(1)all taxes and governmental charges of any The er which may all pay omauseao beye sIe4ed or d against 9 kind whatsoever which may at any time be lawtulfy, or evied against or wit're to the Property,(2)all utility and other charges, including'service charges',incurred or impoaed)or t�rr;.6Perafion,maintenance,use, ' ixiei cy,upkeep and improvement of the Property.and (3)all assessments or other governmental charges thdt t y1aWPfotty_ba puff ir(.ipstafime over a period of years.the Mortgagor shall be obligated under the Mortgage to pay or cause lb be paid bNyrSuch instatimen'Is es are req !red to be paid during the term of the Mortgage.and shall,promptly after the payment of any of theytoreg04.• ,n ,• o -I ° h payment. 3. Application of Payments. Unless ., ' ,alit -rats : eived by Lender shall be applied;first,to interest due;and,to principal due;and last*,any • C • e l to 4. Charges;Liens. Borrower she rges, lions attributable to the Property which may attain priority over this Security Instrument,a ,!a ` . . ren , ,r shall promptly furnish to Lender all notices of amounts to be paid under this pare and all receipts evidenci the•: • i,-. • •rn unless Borrower.(a)agrees in writing to Borrower shall promptly discharge an `which has priority over thud ( )ag ng the payment of the obligation secured by the r nner acceptable to Le°•'• • •)'• '- ,in good faith the lien by.or defends against enforcement of the lien fn,legal proceedings whit es opinion operate t•,••• the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to d^a�� rdlnating Its lien • rity Instrument. If Lender determines that any part of the Property is subject to a lien which may attain o24( • •.r �1, - ••r may Oa Borrower a notice identifying the lien. 1 Borrower shall satisfy the lien or take one or more of the .• : o. w • n 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall k-••• • •ments 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 hoods or flooding,for which Lender requires insurance. This Insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's 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 Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all•risk Insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such Insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All Insurance policies and renewals shall be acceptable to Lender and shalt include a standard mortgage clause. Lender shall have the right to hold the policies end renewals. If Lender requires,Borrower shall promptly give to Lander 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 it 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 rot lessened. It the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due, The 30-day period will begin when the notice Is malted. 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 or the payments. It under paragraph 21 the Property Is acquired by Lender,Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance end Protection of the Property;Borrower's Loan Application,LenehoWs. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least 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 repair tie Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be In default if any forfeiture action or proceeding,whether civil or criminal,is begun that in 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 interest. Borrower may cure such a default end instate.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 Borrowers interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default it Borrower,during the loan application process,gave materially taise or inaccurate information or statements to Lender(or failed to provide Lender with any material intormation)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrowers occupancy Packet Page-1634- 9/24/2013 16.D.2. • • OR: 3087 PG: 0797 1 of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the base. If Borrower acquires lee 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 fails to perform the covenants and agreements Instrument,or there is a legal proceeding that may significantly affect Lenders e ri is in the P as contained in this bankruptcy,probate.for condemnation or forfeiture or to enforce laws or regulations).thenhLender may do and pay for what s necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts casbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument, Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable.with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance, Ii 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 mongage insurance previously In enact,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in enact,from an ahamate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a toss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,If mortgage insurance coverage fin the amount and for the period that Lender requires)provided by en Insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage Insurance in effect,or to provide a loss reserve,until the requirement for mortgage Insurance ends In accordance with any written agreement between Borrower and Lender or applicable law. IL Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an Inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or Claim for damages.direct or consequential,in connection with any condemnation or other Wring of any part of the Property,or for conveyance In lieu Of condemnaton,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, be ors yhe r.eas paid w to Borrower. In the event of a partial taking of the Property,In which the fair market value of the Property Immediately taking Is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree In writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property Immediately before the taking. Any balance shalt be paid to Borrower. In the event of a partial taking of the Property in which the lair market value of the Property Immediately before the taking Is less than the amount of the sums secured Immediately for Me taking, unless Borrower and Lender othenvise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the suns secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone Me d„e.date_of the monthly payments referred to in paragraphs i or change the amount of such payments. " '" f' `f}y 11. Borrower sec Released,rd ti Security � of the time for t of payment or r shall noon of amortization of the sums secured by this Security Ins riled by Lender to itgssor in interest of Borrower shall not operate to release the liability of the original Borrower or Bo sacra in interest. L alfoot be required to commence proceedings against any successor In Interest or refuse to ext btu or. a font or otherwise modi amoltizatbn of the sums secured by this Security nstrument by reason of any demand made by t origrflal ewe br rgorrowe eucce in ltnterest. Any forbearance by Lender in exercising any right or remedy shall not be a w r of or precludhg mrercise of any right• remedy. 12. Successors and Assigns Bound;Jot ,A >^ :covenants and agreements of this Security instrument chaff bind and benefft the succeseots en {g s `= ton_.Lf Provisions of paragraph 17. Borrowers coven me d Any newer who co-signs this Security Instrument but does not execute the Note;(a) 5 ; [[[�JJ TT;,0 I. r` in the Property �'' ...y�' t nt�. , t_ ,r�9 ,grant and convey that Borrowers interest roperty under the terms of this Security :n•(b)Is not personal...•lgafed to sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrowkarrnay agree to extend,moth ilea or ny accommodations with regard to the terms of this Security Instrument or the Note without th .BQr)Owers consent. '� 13. Loan Charges, II the loan secured fie urity Instrument is stub "law which sets maidmum loan charges,and that law is finally interpreted so that the interest or other loan *roes collected or to be connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduce charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permit ' . f to r. Lender may choose to make this refund by reducing the principal owed under the Note or by making a di . .. •. :r. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the ote. 14. Notices, Any notice to Borrower provided for In this Security Instrument shall be given by delivering it or by mailing it by first class 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 this paragraph. 15. Governing Law;BeverabllIy. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 18. Borrower's Copy, Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property ore Beneficial Internet In Borrower, Ii all or any part of the Properly or any interest in it is sold or transferred(or If a beneficial Interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written consent,Lender may,at Its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender If exercise is prohibited by federal law as of the date of this Security Instrument. II Lender exercised this option,Lender'shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 clays from the date 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 invoice any remedies permitted by this Security Instrument without further notice or demand on Borrower, Ie. Borrower's Right to Reinstate. It Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)Cures and default of any other covenants or agreements;(c)pays all expenses incurred In enforcing this Security Instrument,including,but not limited to,reasonable attorneys 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 Borrower's obligation to pay the sums secured by this Security instrument shall continue uncharged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate Shall not apply in the case of acceleration under paragraph 17, 1e. sale of Note;Change of Loan Servicer. The Note ore partial interest in the Note(together with this Security instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the'Loan Servicer)that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Services,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice win also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous • Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property, Packet Page -1635- 9/24/2013 16.D.2. • • f** OR: 3087 PG: 0798 *** 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. It Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary.Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,'Hazardous Substances'are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used In this paragraph 20.'Environmental Law'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lander shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement In this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the data the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. It the default is not cured on or before the date specified in the notice. Lender,at its option,may require Immediate payment in full of all sums secured by this Security Instrument without twitter demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's tees and costs of the title evidence. 22. Release, Upon payment of all sums secured by this Security Instrument,Lender shall release this Security instrument.without charge,to Borrower. Borrower shell pay any recordation costs, 23. Attorneys'Feet, As used in this Security Instrument and the Note,'attorneys'fees'shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into end shall amend and supplement the covenants and agreements of this Security instrument as If the rkfer(s)were a part of this Security Instrument. (Check Applicable Box) 0 Adjustable Rate Rider 0 Rate Improvement Rider 0 Condominium Rider 0 Graduated Payment Rider ❑1.4 Family Rider (D Second Home Rider ❑Balloon Rider 0 Weekly Payment Rider 0 Planned Unit Development Rider 0 Others)(specify SIGNING BELOW,Borrower accepts and agrees to the to r nriVoTellneate oten in this Security Instrument and in any riders)executed by Borrower and recorded with it. //�/ '1 Signed.sealed an dative in the presence of: / L) �� Wilnessi1: \ / . ? . `C s1 10 x• 't�� �) 1�r... r)r o r �i� A l�'wa .... J !< ollwb s��w.ro Signature: / . cors. „at 2.Witness. . ,, ' ' ro Signature: [Scia.- �. �,,�„ d, / Address: �' 893 ,Jetta Street \mot a, Florida 34113 STATE OF FLORIDA COUNTY OF CCU LJ SI 711F 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 Daimon&Gloria Slimm ro to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/sure/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal In the County and State aforesaid this f Y day of �9 u S f, 20 C v? My Commission Expires: Notary Public's Signature (Seal) Notary' '(r,:.'kame t.A.HOwAdO xr� 1 MY COMMiSSiok•::skive ' EXPIRES r�xeven'vu+2.2033 ..,,.,\, .ono Nu Notary P'ky,i�^oM1r'h•S Filet 03-018 Packet Page-1636- HUD-1 U.J.ueparunmit a nvuan,y A. Settlement Statement and Urban Development OMB No.2502-0265 B. Type of Loan 9/24/2013 16.D.2 • 0 1.FHA 0 2.FmHA 0 3.Cony.Unins. 6.File Number 7.Loan Number 8. Mortg.ins...ase num. 13R-482 0 4.VA. 0 5.Cony..Ins. ID: C. NOTE:This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items marked"(p.o.c.r were paid outside the dosing;they are shown here for informational purposes and ere not included in the totals. D.NAME OF BORROWER: Labris International,LLC,a Florida limited Mobility company Address of Borrower: 6350 Pelican Bay Blvd.,#3035.Naples,Florida 34108 E.NAME OF SELLER: Priscilla Doris a single woman Address of Seller: 2269 Birdsong Lane,Naples,Florida 34117 TIN: F.NAME OF LENDER: Address of Lender: G.PROPERTY LOCATION: 7538 Bristol Circle,Naples,Florida 34120 H.SETTLEMENT AGENT: Law Office of Conrad W llikanm.PA TIN:20-4544316 Place of Settlement: 590 11th Street South.Naples,Florida 34102 Phone:239-262-5303 I. SETTLEMENT DATE: 8/5/13 DISBURSEMENT DATE: 8/5/13 J.Summary of borrower's transaction K.Summary of seller's transaction 100.Gross amount due from borrower: 400.Gross amount due to seller: 101.Contract sales price 88,500.00 401.Contract sales price 88,500.00 102.Personal property 402.Personal property 103.Settlement charges to borrower(Line 1400) 5,749.12 403. 104. 404.Seiler Cash Contribution to Regions Mortgage 3,000.00 105. 405. Adjustments for Items paid by seller In advance: Adjustments for Items paid by seller In advance: 106.City/town taxes 406.Ckylrown taxes 107.County taxes 407.County taxes 108.District 1 Assessment from 08/05/13 to 09/30/13 26.01 408.District 1 Assessment from 08/05/13 to 09/30/13 26.01 109. 409. 110. 410. 111. 411. 112. 412. 120.Gross amount due from borrower: 94275.13 420.Gross amount due to seller: 91,526.01 200.Amounts paid or In behalf of borrower: 500.Reductions In amount due to seller: 201.Deposit or earnest money 5.000.00 501.Excess deposit(see instructions) 202.Principal amount of new loen(s) 502.Settlement charges to seller(fine 1400) 12.905.60 203.Existing loarn(s)taken subject to 503.Existing loan(s)taken subject to 204.Principal amount of second mortgage 504.Payoff to 1st lien Collier County Impact Fee 15,325.03 205. 505.Payoff to Regions Mortgage 61,089.30 206. - 506.Deposits held by seller 207.Principal arnt of mortgage held by seller 507.Principal and of mortgage held by seller 208. 508.Payoff to Collier County SHIP 1,637.10 209. 509.Payoff to Waterways Mortgage 500.00 Adjustments for Items unpaid by seller: Adlustmenta for Items unpaid by seller: 210.City/town taxes 510.City/town taxes 211.2013 Collier County Property Taxes from 01/01/13 to 08/05/ 245.82 511.2013 Collier County Property Taxes from 01/01/13 to 08/05/ 245.82 212. 512. 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220.Total paid by/for borrower: 5,245.82 520.Total reductions in amount due seller: 91,702.85 300.Cash at settlement from/to borrower: 600.Cash at settlement to/from seller: 301.Gross amount due from borrower 94,275.13 601.Gross amount due to seller 91,526.01 (line 120) pine 420) 302.Less amount paid by/for the borrower (5,245.82) 602.Less total reductions in anount due seller (91,702.85) (line 220) (line 520) 303.Cash( 0 From []To )Borrower. 89,029.31 603.Cash( ❑To Q From )Seller: 176.84 Substitute Form 1099 Seller Statement: The information contained in blocks E,G,H,and I and on line 401 is important tax information and is being furnished to the IRS. If you are required to file a retum,a negligence penalty or other sanction wig be imposed on you if this Item is required to be reported and the IRS determines that t has not been reported. Seller Instructions: If this real estate was your principal residence,file Form 2119.Sale or Exchange of Principal Residence,for any gain,with your tax retum;for other transactions,complete the applicable parts of Form 4797,Form 6262 and/or Schedule D(Form 1040). • 1 J 1 �':ills DoubleTime® Packet Page-1637- 1-1uu-1 U.J.uepanno LL ui n W brr iy anu ur um vevaupn la in •oy°4. 1. L.Settlement charges Borrower POC Seller POC Paid from Paid fmm 700.Total Sales/Brokers Cam.based on price $88.500.00 @ 6.0000%" 5.310.00 B"weer 9/24/2013 16.D.2. 701. 2,655.00 3.0000%to Perfect Properties of Naples,Inc. Settlement Jeteement • • 702. 2,655.00 3.0000%to Realty Executives Signature 703. Commission paid at settle neat 5,310.00 704.Transaction Fee to Realty Executives Signature 295.00 800.Items payable In connection with loan Borrower POCSeller POC 801. Loan origination fee %to 802. Loan discount %to 803.Appraisal fee to 804.Credit report to 805. Lender's inspection fee 'to 806. Mortgage insurance application fee to 807.Assumption Fee to 808. to 809. to 810. to 811. to 900.Items required by lender to be paid in advance: Borrower POCSelter POC 901.Interest from to @ /day 902.Mortgage insurance premium for months to 903.Hazard insurance premium for years to 904.Flood Insurance premium for years to 905. years to 1000.Reserves deposited with lender. Borrower POCSeller POC 1001.Hazard Insurance months© per month 1002.Mortgage insurance months @ per month 1003.City property taxes months© per month 1004.County property taxes months @ per month 1005.Annual assessments months @ per month . 1006.Flood insurance months @ per month 1007. months @ per month 1008. months @ per month 1009.Aggregate accounting adjustment 1100.Title charges: Borrower POCSeller POC 1101.Settlement or closing fee to Law Office of Conrad W illkomm,PA 350.00 850.00 1102.Abstract or this search to Attorneys Tele Fund Services,LLC 75.00 1103.Title examination to 1104.Title insurance binder to 1105.Document preparation to 1106.Notary fees to 1107.Closing credit to Law Office of Conrad Wiilkomm,PA -176.84 (includes above item numbers: ) 1108.Title Insurance to Old Republic Nat.Title/Conrad W IBkcrnm 508.88 (includes above item numbers: ) 1109.Lender's coverage(Premium): 1110.Owner's coverage(Premium): $88,500.00($508.88) 1111. Endorse: 1112.Buyer Fee Agreement to Law Office of Conrad W illkomm,P.A. 2,500.00 1113.Certified Magkg-Final Title Docs to Law Office of Conrad W illkomm,PA 25.00 1200.Government recording and transfer charges: 1201.Recording fees Deed $27.00 Mortgage(s) Releases $40.00 27.00 40.00 1202.City/county tax/stamps Deed Mortgage(s) 1203.State tax/stamps Deed $619.50 Mortgage(s) 619.50 1204. to 1205. to 1300.Additional settlement charges: Borrower POCSeller POC 1301.HOA Payoff Reimbursement to Law Office of Conrad Wilikomrn,PA. 350.00 350.00 1302.Overnight Mailing-Estoppels&Payoffs to Law Office of Conrad W illkomm,PA 103.00 1303.3rd Quarter HOAAssessment to Goede,Adamczyk&DeBoest PLLC Trust Acct. 455.44 242.90 1304.HOA Code Enforcement&Utility Estoppr to Law Office of Conrad W itikomm,PA 250.00 160,00 1305.HOA Transfer Fee to Goede.Adamczyk&DeBoest PLLC Trust Acct. 100.00 1306.HOA Contribution Capital Fee to Goede,Adamczyk&DeBoest PLLC Trust Acct. 1,396.68 1307.Delinquent HOAAssessments to Goede,Adamczyk&DeBoest PLLC Trust Acct 5,000.00 1308.Closing credit to Perfect Properties of Naples,Inc. -176.84 1309. 1400.Total settlement charges: (Enter on lines 103,Section J and 502,Section K) 5,749.12 12,905.60 DoubleTime® Packet Page-1638- r 1 HIJD-1 SETTLE:RTE.\T STATEIVIENT&DDENDU, 9/24/2013 16.D.2. File Number. 13R-482 -`r s I have carefully reviewed the HUD-1 Settlement Statement and to the best of my to owledge aru,belietI is a` z -�, true and accurate statement of all receipts and disbursements made on my account or by mein this transaction- r I further certify that I have received a copy of the HUD-1 Settlement Statement. ' Borrower(s) Debris Interxiational, IS.0 a Flori invited liability corapaay a. eslav Dorfman I Ma ger (Corporate Seal) Seller(s) Priscilla Doria SettlementA.gent ` The;HUD-1 Settlement Statement which I have prepared,is a true and accurate account of this transaction: I ::'.::''.,•..1 . .have caused or will cause the funds to be disbursed in accordance With this statement• Law Office of - -•► ikomm, P.1 " Date: OR 70.C.--/_.. . Yi !s .. .. ICI 0 lrt, t y'.` i' 4 q • ::;:, --:,4.,..,.• 4 _ I i i' i 1 1 t y, 9 i WARNING:It is a crime to knowingly make false statements to the United States on this or any other similar i 'V 1 form: Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S.Code 0 Section 1001 and Section 1010. A' 1 OoubleTime Packet Page-1639- HUD-1 SETTLEMENT STATEMENT ADDENDUM 9/24/2013 16.D.2. - ' File Number. 13R-482 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement Borrower(s) Labris International, LLC a Florida limited liability company By: Viacheslav Dorfman Manager (Corporate Seal) ibi Seller(s) Pr scilla Doria Settlement Agent The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement Law Office of Co -'komm, P.A. By: Date: Og/D cf ( 1 WARNING:It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S.Code Section 1001 and Section 1010. Double Time® Packet Page -1640- • EEC RDD�444$ICIAL RRECORDDS 4130 PG: 9/24/2013 16.D.2. Lu 10/31/2001 at 01:43PE DVIGBT I. BROCI, CLBBf T SECOND MORTGAGE OBLD 21285.00 OBLI 27285.00 RIC III 52.50 DOC',35 95.55 Rata: IDRARD B GILBIR? !A 5100 TONN CENTER CIRCLI 1430 EOCA RATOE IL 3348f 1 THIS SECOND MORTGAGE("Security Instrument')is given on July\%2006. The Second Mortgagor is: Priscilla Doria,A Single Person ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive, #400, Naples, Florida 34014 . Borrower owes Lender the sum of Twenty-seven Thousand Two Hundred Eighty-Five and No/100ths Dollars(U.S.$ 27,285.00). This debt Is evidenced by Borrowers Note dated the same date as this Security Instrument('Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest.and all renewals,extensions and modifications;(b)the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument:and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Lot 19,Bristol Pines,Phase 1,Collier County,Florida and which has the address of: ("Property Address"): 7538 Bristol Circle, Naples, Florida 34120 TOGETHER WITH all the Improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oft and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument.All of the foregoing Is referred to in this Security instrument as the'Property'. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,su,,•�..0• ,� -- ces of record. THIS SECURITY INSTRUMENT combines �••. r y,1. . ,e and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instru �;;�1 1• ••-.'. UNIFORM COVENANTS. Borrower: • ryi • tenant and agree as •'igairs. 1. Payment of Principal and Interns nt and Late Charges. •• • shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay= _--..� -. r", or wat prior to the accrual of any penalties or interest thereon. The mortgagor shall pay or cause `� MI7 .4F.-.4,7-- he all taxes and 11 governmental err charges, of e any kind whatsoever which may et any time be if � }�� + the Property.(2)all utility and other charges. including'service charges',incurred or I • di / - A- --, •.,,, upkeep and improvement of the Property,and (3)all assessments or other governmental . ay b- in i ,-',. a period of years,the Mortgagor shall be obligated under the Mortgage to pay or caul- pad only such Installm--,,i as:� -•cf`',o be paid during the term of the Mortgage,and shall,promptly after the payment of any of the c;,.'ng,forward to M• T . payment. 3. Application of Payments. UNes -'le law provides• `.-. I• is received by Lender shalt be applied;frst,to interest due;and,to principal due;and last,to I' •, -•: . due under the Not, 4. Charges;Lies. Borrower shall pay: • '_- --sassments,the,— f�- impositions attributable to the Property which may attain priority over this Security Instrument,and leas • •: - fi .: any. Borrower shall promptly furnish to Lender all 7 T +,. +k, notices of amounts to be paid under this paragraph,and: s..payments. Borrower shall promptly discharge any lien which has•••-, ; - ■as Security instrument unless Borrower:(a)agrees in writing to I the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the Lien by,or defends against enforcement of the lien in,legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice, 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term'extended coverage'and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower falls to maintain coverage described above,Lender may.at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(Including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lenders security is not lessened. H the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice front Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property Is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least 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 Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security Packet Page-1641- -- OR: 4130 PG: 11 A 9/24/2 013 16,D.2 18, causing the action or proceeding to be dismissed interest. Borrower may cure such a default and reinstate,as provided in paragraph by material with a ruling that,in Lender's good faith determination,preludes forfeiture of the Borrower's interest in the Property« impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note.including.but not limited to,representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument Is on a leasehold,Borrower shall comply with all the provision If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights M the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Larders rights In the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever Is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may Include and a ingng any sums secured the Property tb make repairs. has priority over this Security Instrument,appearing In court,paying reasonable attorneys'fees Although Lender may take action under this paragraph 7.Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. Security 8. Mortgage Insurance. If Lender required mortgage Insurance as a condition of making the loan secured an seg by Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance In effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously In effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage not paid by available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage a loss reserve Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverag e(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and Is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends In accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the Inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance In lieu of condemnation.are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property Immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower end Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(the Property market value which of the Property immediately before the taking. Any balance •- •n!•''n•s• -• • -. In the event of a partial taking of the fair market value of the Property immediately before t t of the sums secured Immediately for the taking. ,,yam 1 y l,'77, shall be applied to the sums unless Borrower and Lender otherwise agree in writi•�r�y y�- -�:•�'i:, a provides,the proceeds app! R••.:are then due. UN-_� :: and Borrower otherwise agree in writing,any secured by this Security out principal wall not'. ne the due date of the payments referred to in paragraphs 1 or change application of proceeds to principal shall not-„,:. . . the amount of such payments. Y• Not a the time for payment or modification of 11. Borrower Not Released,F F. � in interest of Borrows shall not operate to amortization of Ore sutra original by Borrower •1: Lend= to any s to commence proceedings release the liability of the original Borrower a �; t”• 72 be• sums secured by this Security•Instrument against any by successor in Interest or refuse (,•�'_ s' interest. Any forbearance by Lender in Instrci ient by reason of any demand made 1. +tf ' . ••.h edy. exercising any right or remedy shall not be: +• e e of 12. Successors and Assigns=• olnt and Several Liabll .Co- gne .mot covenants and agreements of this Security !„the instrument shall bind and beneit the su--- •y�. assigns of Lends and r;_• r• _ who co-signs this Security Provisions of paragraph 17. Borrowers— : Is d agreements shall be'•' • ' grant and convey that Borrowers Interest Instrument but does not execute the Note:(a)is 4- • this Security Ins• ums secured by this Security Instrument; in the Property under the terms of this Security In • b)is not personally•. :• o pay the rupees i► ;#.. h -•„A �.. or make any accommodations with regard to the terms and(c)agrees that Lender and any other Borrower -c --; Jy_°, , of this Security instrument or the Note without that:• _ ^. „R subject to a law which sets maximum loan charges,and that 13, Loan Charges. If the loan secured by this S: ` ub1 law is finally interpreted so that the Interest or other loan charges collected or to be collected in connection with the ban exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment Without any prepayment charge under the Note. 14. Notices. Amy notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by irst lass 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 this paragraph. 15. Governing Law;Severabinity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it Is sold or transferred(or if a beneficial interest in Borrower Is sold or transferred and Borrower is not a natural person)without Lenders prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option.Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument if Borrower fails to pay these sums prior to the expiration of this period.Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrowers Right to Reinstate. If Borrow meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any lime prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Properly pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as lf no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower.this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change In the entity(known as the'Loan Service')that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other Information required by applicable law. . Packet Page-1642- OR: 4130 PG: 1] 9/24/2013 16.D.2. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used In this paragraph 20,'Environmental Lave means federal laws and laws of the jurisdiction where the Properly is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be antWed to collect all expenses Incurred In pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. It one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Wder ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider ❑Balloon Rider ❑Biweekly Payment Rider ❑Planned Unit Development Rider ❑Other(s)(specify `V,R COU SIGNING BELOW,Borrower accepts and ag •41 , and covenants r 's Security Instrument and it any rider(s)executed by Borrower and recorded with It. Signed,- -• . •delivered in the presence, ' W itness#1: . / - .-• 4 r f 1 !'r � ��!� / _ i Signature: Paul K. Be iJJ � 11 la Doria • # • • C Si snafu Wltness 2. _ . .. _ � g Signature: Co-B• 04, Address' • • istol Circle STATE OF FLORIDA •71/E Cl/it ° , ea, Florida 34120 COUNTY OF COL/./f Pi 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 Priscilla Doria to me known to be the persons)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State of id this.o2/atday of n f rYJ .20 Z.Co My Commission Expires: L/C/LLD tt 3e.Y1rf Yl. Notary Public's Signature (Seal) •••••" PAUL K.BeNSEN" Paul K. Bensen c r000raoat Notary's Printed Name :p` Emsa4r1Y2010 Bonded be b- nC Fence Notary Asa..N:. File#: 05-075 _ Packet Page -1643- OR: 4130 PG: 1: -6/24/2013 16.D.2. • $xhibit"A", Legal Description of the Land Lot 19,BRISTOL PINES PHASE!,according to the plat thereof as recorded in Plat Book 43,Page 78,of the Public Records of Collier County,Florida. G cl CC 0 t 111 7'FIE CIRCA svirnocs��u�o��u+«�.s_rM WWJVN.wpd ed1/3INS/hi2iar26/061!:l$:52 Packet Page -1644- 12120t2012 9:t7:30 AM 9/24/2013 16.D.2. pimp t a OMB Approval No.2502-0265 R *p� A. Settlement Statement(HUD-1) °ea eevs B.Type of Loan 'ina. 6.File Number: 7.Loan Number. 8.Mortgage Insurance Case Number. 1.0 FHA 2.0 RHS 3.0 Cony.Un 4.0 VA 5.0 Cony.Ins. 0 Other 1250449 C.Note: This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are anown. Items marked"(POC)"were paid outside the closing;they are shown here for informational purposes and are not Included In the totals. D.Name&Address Enrique Francisco Juan of Borrower: E.Name&Address Danny Valdez of Seller: Nora Valdez F.Name&Address of Lender, G.Property Location: Property Address 891 Arthur Ct.Immokatee,Florida 34142 PIN 22430015342 H.Settlement Agent: Sandbar Title,LLC,1567 Hayley Lane,Suite 206,Fort Myers,FL 33907,(239)997-2989 Place of Settlement: 1567 Hayley Lane,Suite 205,Fort Myers,FL 33907 I.Settlement Date: 12/27/2012 Proration Date: 12/27/2012 Disbursement Date: 12/27/2012 ::Summary;ofBorrowersTransactton 4.f.m4 ut .,...., sK;'Summary-of'Sette?sTransactfon yr pa,x '+ +-a=te: 100.• Gross.Amount Due'trom Bgrrower45ti yi[:. •x 'h:w'4r�. ,13 400 Grow Amount Cue to Boll@ 4�"x,e vex I". aa�1.3.,?.L�`G, w00 101. Contract sales price $109,900 00 401. Contract sobs price Stos,9ao.do 102. Personal property 402. Personal property 103. Settlement charges to borrower(line 1400) 51,405.96 403. 104. 404. 105. 405. Adjustments`for items paid,by seller in'advsnce r;,,>? i, ''k "° cis r --.:" v„.;•Adlustmgrnefor ltems_pald by-eallor,rn advan4e;��,,,,''k.;,,i.,'-�', _-.�k;;T� 106. City/town taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross Amount Due from Borrower 5111 305 96 420. Gross Amount Due to Seller 200 .,....• :.. ..,, Amounts Rafd.iry orin'6elial{of.BojrowetF+Y,.,,,, _'.'}.,s-a }-�y +�,,r, .500 xyR eduction;irrAmount2ti..lox8eper r'.-il aky'r'" 201. Deposit or earnest money 501. Excess deposit(see instnrtions) ,.• , 202. Principal amount of new bents) 502. Settlement charges to seller(lire 1400) $11,538.58 203. Existing loan(s)taken subject to 503. Existing loan(s)taken subject to 204. 504. Payoff of first mortgage loan to CHASE 998,255.42 205, 535. Payoff of second mortgage loan to Collier County Pu 52,106.00 206. 508. 207. 507. 208. 508. 209, 509. .._ Adjiutmebtri.fol'Items';unpaid 65'seller,.FZ :1'.;,�„ ,r.<.-,f �,�� ,_+«t,;.p�)dstmentstorlterriSLnpattl by sellar��� ,; ,arir ���_t 210. City/town taxes 510. Citynown tuxes 211. County taxes 511. County taxes 212. Assessments 512. Assessments 213, 513. 214. 514. 215, 515. 216. 516. 217, 517. 218. 518. 219. 519. 220 Total Paid by/tor Borrower 50.00 520. Total Reduction Amount Due Seller {r,q ,.s.,y,600ya=Castat Settleinefrt,Ln/from Sel(e7 �++',,,,, 5109,900.00 300. at Settiament " 301. Gross amount due from borrower(line 120) $111.305.95 601. Group amount due to seller(line 420) 5109,900.00 302. Less amounts paid by/for borrower(line 220) 50.00 602. Less reductions in amount due seller(line 520) (5109,900.00) 303. Cash From DTo Borrower 5111,305.96 603. Cash ®TO°From Seller md10 The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting,reviewing,and reporting the data. This agency may not collect this information,and you are not required to complete this form,unless It displays a currently valid OMB control number. No confderrtfasty is assured;this disclosure is mandatory, This is designed to provide the parties to a RESPA covered transaction with Information during the settlement process. Previous editions are obsolete HUD-1 Packet Page-1645- 9/24/2013 16.D.2. 1712112012 9:37:47 AM Ph Nun Merl 1250449 SU:M=5 E FORM 1099 SELLER STAT. The Information=maimed h Slam E,G,H end 1 and on he 401(or,If lin,. is nbrlsked,Ones 403 turd 404),406,407 and 406-412(applicable part of byer's,rue slate tax reportableta the IRS)a Important tax Intarmo5on and Is being furnished to the Internal Revenue Service.H you an required to Ile a mtum,a negligence penalty or ether*motion wl0 be imposed on you L`ties Slam Is requlroi to be reported and the IRS determine VW It has not been reported. SELLER INSTRt1C11ON- If NS real estate ran your principal restdaroe,%form 2119,Sala or Exchange of Principat Residence,for any Burn,with your income tax relent; for other tmnmoiats,complete the appllmble parts oflorm 4797.Perm 6252 at1/or Sdra ids D(Form 1040). You e.moulted to D m v h 7 e f i n e -: ..mAgent wi•your correct taxpayer Ides 56 s ion number, H yo f o not provide Ste:..•e •AG,- a you 7... -- •......-r rani/horse comber,you may Its subjeat to civil or criminal penalties. . ir ore Veloa Previous salons are obsolete Page 2 HUD-1 Packet Page-1646- 12/20/2012 9:17:35 AM L•.`Settlement Charges' -,;..,,, t, v , - 9/24/2013 16.D.2 File N 1? u x:, 700. Total Real Estate Broker Fees based on price$109,900.00/g 6.000000%=56,594.00 Paid From Paid From Division of commission(One 700)as follows: Borrower's Seller's 701. $3,297.00 to Starlink Realty/Patricia Coring Funds at Funds at 702. $3,297.00 to Starink Realty/Ernesto Rijaveo Settlement Settlement 703. Commission paid at settlement$6,594.00 $6,594.00 704, 800"items Payable in Corinention avNh'Leah„ ,�*. ? .. a:ia'§ .i !t'.ir'¢`',xv.-ty 3 z';r. ,r•fi: r, _(4'•::7'+1»a i"`.14 'r 801. Our origination charge � # - . (from GFE#1) 802, Your credit or charge b oints)for the Specific interest rate chosen (from GFE#2) 803. Your adjusted origination charges (from GFE A) 804, Appraisal fee (from GEE#3) 805. Credit report (from GFE#3) 808. Tax service (from GFE#3) 807. Flood certification (from GFE#3) 808. 900;',Items Requ red by Londe to Be PaI4 in Advance:-F; """ x""""41' f`�. ::;�r--'es"��'sf�;r!fKfi."�. `>f.�,.n,:•�xt?7sa, �to�'�k�iz1r�'.�f,';r�' ''%��,rt, �`, %. 901. Daily interest charges from (from GFE#10) 902. Mortgage Insurance premium for (from GFE#3) 903. Homeowner's insurance for (from GFE#11) 904. 905. 1000:Reserves De Osned with lxrlde "� -- .`+ a :". Aat_!'�.�yT,'' 1001. Initial deposit for your escrow account (from GFE#9) 1002. Homeowner's insurance 1003. Mortgage Insurance 1004. City property taxes 1005. County property taxes 1006. 1007, 1008. 1009. 1101. Title harges title and lender's ti Y ,'�`.:'.5 t'� ..s.,x"t.. .a.,i'.Y.5 4�', `'nF xP"^' .xG'•'. i �[ ..'^.. r, et�v.z ;, insurance (from GEE#4) 1102, Settlement or closing fee to Sandbar Tale,LLC $175.00 $1,000.00 1103. Owner's title insurance to Sandbar Tine,LLC (from GFE#51 $624.50 1104. Lender's title insurance 1105. Lender's title policy limit 1106. Owner's title policy omit$109,900.00 1107. Agent's portion of the total title insurance premium to Sandbar Title,LLC$437.15 1108. Underwriter's portion of the total tine insurance premium to Old Republic National Title Insurance Company $187.3 .,, 1109. Search Fee to Old Republic National Title Insurance Company $100.00 1110. Line 1102 includes costs in connection with closing 1111. 1112 1113. 1114 1115. ' 1201, Government recording charges (from GFE#7) 1202. Deed$10.00 Mortgage Releases $1000 1203 Transfer taxes (from GFE Cal 1204, City/County tax/stamps 1205. State tax/stamps Deed$769,30 $769.30 1206. E-Recording 1301. Required services that you 1300 Adtllttonal Setitement Cha,rges;'"Yr,5 ,,�;,,. ,_ro.. tiY.•.-u t" . . e r` R„ r r 3 1;;; q n :r 9 Y can shop for (from GFE#6) e'S. HL' 1302. Survey 1303. 2512 Real Property Taxes to Lee County Tax Collector $802.78 1304. Estoppel Fee(sellers cost absorbed by buyer)to Arrowhead Reserve at take Trafford $150.00 1305. Capital Contribution to Arrowhead Reserve at Lake Trafford $100.00 1306. Delinquent ROA Dues(seller cosi absorbed by buyer)to Arrowhead Reserve at Lake Trafford $960.96 31,648.00 1307. Record Satisfaction of Mortgage to Collier County Clerk of Courts 510.00 1400, Total Settlement Charges(enter on lines 103,Section J and 502,Section K) $1,405.96 $11,538.58 Items marked'ROC'were paid outside the closing by Borrower(ROCS),Lender(POOL),Mortgage Broker(POCK,Other(POCO),Real Estate Agent(POOR),or Seller(POCS). Previous editions are obsolete o_-- HU0.1 Packet Page-1647- 9/24/2013 16.D.2. 12/202012 9:37:47 hid =tla Numoar.iz5u4ti CERTIFICATION: I have oarefully reviewed the 14410.1 Settlemem Statement and to the beet of my knowledge end beeaf,It It a hue and accurate statement of as receipts and disbhramanb made on my amowarx by me In this transact/ea I fuller catty that!have received a dopy of HUD-1 Settlement Statement.The Settlement Agent does not warrant or represent the amraoy of Information provided by any pary.Including Information=owning POC ieme _• ..Con supplied by the lender In this imimeetion appearing on this HUC•1 Settlement Statement pertaining to"Comparison of Goad filth Esemete(CFO)and HUO.1 C-••- •d'teen Tam',end the parties hold harmless the Settlement Agent as to any Inaocuradies •auoh matters. • 114 e— J .400 t era aloes !` To the best of my knowledge,the HU •1 S Statement which I have prepared Is true ad axrate adcant of tQa hinds vMdrh were received and have been orvll be dlahunetyby the ttndersl part cot anent of tils transaction. / 7/1:2. 4,0,44.4 Date NG: h b e dame to kermin Oy make Mee efetememe to the Untied States on this or any other similar form,Paaaliket upon conviction can Include a One and knprisonmere.For dete0s sae:Ills 13:U.S.Code Salton 9001 and Section 1010, Previous editions am oosolete Page 4 HUD-1 Packet Page -1648- Prepared by and returnto: 4192570 OR: 4380 PG: 9 24/2013 16.D.2. Cape Coral Title 1 307 Cape Coral Parkway RICORDBD in OFFICIAL RECORDS of COLLIER COMITY, FL Cape Coral, Florida 33904 07/23/2008 at 11:43AR DNIGHT B. HROCE, CIRRI 51237 SECOND MORTGAGE OBLD 35100.00 OBLI 35100.00 (1\ RBC FIB 27.00 DOC-.35 122.85 Retn: EXPRESS/ FED EX CAPS CORAL TITLE IIS AGERCT 1307 CAPS CORAL FAIT CAPE CORAL FL 33904 THIS SECOND MORTGAGE("Security Instrument")is given on 1" 2008. The Second Mortgagor is: Danny Valdez and Nora Valdez,a married couple ("Borrower'). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tataiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Thirty Five Thousand One Hundred and 00/100 Dollars ($35,100.00). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Lot 15,Arrowhead Reserve at Lake Trafford,Block B,Collier County,Florida and which has the address of• ("Property Address") 891 Arthur Court, Immokalee, FL 34142 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral.oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seized-et-the-estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,,eaoce f" eictelabysgoes of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,sdb))ekt 11 iaby-�ene`ur�fb"ran, y d1.record. THIS SECURITY INSTRUMENT combines y( f r'r;bovenants for national sg'tnd non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument hovering real property. \• \ UNIFORM COVENANTS. Borrower anc{rtendeirgoyenant and agree as foliow`s:, \ 1. Payment of Principal and InteresNPrepayrher and bate-eher as, Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. / \ \ 2. Taxes. Tne Mortgagor will pay all{axes'a iii nis„sew-• - - s prior to the accrual of any penalties or interest thereon. ' �; / I The Mortgagor shall pay or cause to to pall,a the anrt¢pe r s tit ec nne Jdue (A)(p)all taxes and governmental charges of any kind whatsoever which may at any time be la tusk ebieti g.n,..r wit a I-c e Property,(2)all utility and other charges, including"service charges",incurred or impose foet,e operation,maintenanol use,dccuparR,rupkeep and improvement of the Property,and (3)all assessments or other governmental charges•ttiat may lawfully be paid in'f}vistallnientsibo 5rr2 period of years,the Mortgagor shall be ooligated under the Mortgage to pay or cause to beep :d only such installments-let reiecitielef tb be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregdj p.'forward to Mortgagee eJidenbe"o,tsuch payment. 3. Application of Payments. Unless appl b layv provides otherwise, ym ` pdtiynts received by Lender shall be applied;first,to interest due;and,to principal due,and last,to any latpes�y under the Y^�`�., , era 4. Charges;Liens. Borrower shall pay all taxes,ass mops� s,h a and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payme�t5 occ Owed- ,if f any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evioe nGn g the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part • of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more,of the actions set forth above within 10 days of the giving of notice • 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including Floods or flooding,for which Lender • requires insurance This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier • providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7 At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay.as the same become due and payable,all premiums in respect thereto, including,but nct Limned to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises cy fire.lightning.and other casualties customarily insured against(incudmg boiler explosion.if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage Such insurance at all times to be in an amount not less than the full replacement • cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lancer shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss.Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lenders security is not lessened, It the restoration or repair is not economicaily feasible or Lenders security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will oegin when the notice rs mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. • 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least 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 Borrower's control. Borrower shalt not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste or the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lenders good faith Packet Page -1649- . , OR: 4380 PG: 2?'_ 9/24/2013 16.D.2. judgment could result in forfeiture of the Properly or otherwise materially impair the hen created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lenders good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. T. Protection of Lenders Rights in the Property. If Borrower falls to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lenders rights in the Properly(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property, Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment.these amounts shall bear interest from the date of disbursement at the Note rate and that be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If.for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance In effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages.direct or consequential,in connection with any condemnation . or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secytPd trethis-Seceety Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount o s VrgcCree lately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any b�n aid to eele the event of a partial taking of the Property in which the fair market value of the Property immediately befor't�mg is less than ene.e o nt,of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in Vet/unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether lot th s rns4 ten due. Unless Lereer and Borrower otherwise agree in writing,any application of proceeds to principal shall not ex(end fir poetpane tthh dee datefdf;rthe monthly p ments referred to in paragraphs 1 or change the amount of such payments. .i / t�r—\ I 11. Borrower Not Released,Forbearap•• , .,,,ii:p of M of the time for payment or modification of amortization of the sums secured by this Se rity st ment g_nt d' y I.,n -.�ccc�eessee in interest of Borrower shall not operate to release the liability of the original Borrower o Bo 1• = s s t s le L- d:r slap n be required to commence proceedings against any successor in interest or refuse tdd, • i =,r! M. •'..• .s-. ••'fy a ization of the sums secured by this Security Instrument by reason of any demand made be riginal Borrower or Borroi ers s sealed t interest. Any forbearance by Lender in exercising any right or remedy shall not be a weiettr\of or preclude the exerci44igf ant rigeffeer emedy. 12. Successors and Assigns Bouritt• )tit and Several LiabiliteteM-S,igne The covenants and agreements of this Security Instrument shall bind and benefit the successors .assigns of Lender and Borneo* e�,e dt to the Provisions of paragraph 17. Borrower's covenan n `preements shall be joint arms &Wel. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co- t peurity Ins�( rat,'fl1yy{o mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrumentee it p Q lICe _exited to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree e derSd,do ily"forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severabiltty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which • the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Secunty Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be oiven one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the rignt to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument.Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred, However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer, The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer')that collects monthly payments due under the Note and this Security Instrument, There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note, It there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with Packet Page-1650- OR: 4380 PG: 2' 9/24/2013 16.D.2. paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous .4ksinift Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Properly and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20."Environmental LaW'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider,..---. -'R ,` ❑Second Home Rider ❑Balloon Rider / "' ` 1.- ❑Biweekly Pa,Xkriiattor armed Unit Development Rider ❑Other(s)(specify ,',-''.O,.,,-''.'- ,-O/" • SIGNING BELOW,Borrower accepts and agrdes to/the v ne acod h1 cdntained irk this Security Instrument and in any rider(s)executed by Borrower and recorded with it. 1 / _ [ __)"W I)�ti , Signed,sealed and delivered in the presenter of: I Whness#1: r , gust, . I r /1 \ Borrowej{ i •-•"••,/Valdez Signature �,��\ 1 ' (_ , Witness$2 t f\\ Signature: s"' M' 79 ,/ {..i/ ��` Co..Borrow a Valdez Signature: ���`� -�= 9/24/2013 16.D.2. Short Sale SAP Back up documentation Salomon &Gloria Silguero Priscilla Doria Danny& Nora Valdez RF,PEP003 USD —Z/WENDY Layout Z/WENDY RKPEP003 Nancy—GL detail Object WHS 33258 SHIP FY13-16 Cost Element 361170 To 369603 FIFTH THIRD 0/N INT... Posting Date 06/01/2013 To 08/31/2013 i 1 Fund WBS Elem. Cost Elem.'Postg Date E VaVCOArea City Name ;RefI3odio Document Header Text Pi 1 791 33258.1 361170 07/31/2013 15.95- 07/13 Fifth Third Interest 100628401 Fifth Thrd Interest 361170 b • 15.95- 791 33258.1 361180 07/31/2013 939.72- 07/31/13 Custodial Interest 100620400 Custodial Interest. 361180 • 939.72- 791 33258.1 369600 07/19/2013 8,423.14- SHIP LOAN REPAY-ROWLAND,JOHN J.505-021 100625106 SHIP LOAN RE-PAYMENT 791 33258.1 08/19/2013 6,169.52- SHIP IF PAYOFF-MARTINEZ,FELICIANO&SOFIA 100629801 SHIP IMPACT IF PAYOFF s 791 33256.1 07/10/2013 7,698.82- SHIP IF-KIMBERLY MURRY 502-054-IF 100623081 SHORT SALE&SHIP 1 791 33258.1 4,170.00- Red 100623801 SHIP PAYOFF-JORGE L.REYES#09-069 100625083 Red 203775-SHIP Payoff 791 33258.1 07/31/2013" 4,180.00- SHIP LOAN PAYOFF-VARGAS,ALBA#09-110 100627318 SHIP 791 33250.1 08/09/2013 5,080.00—SHIP LOAN PAY-OFF JUSTIN&KAYLA KESSEL#13-4945 100628736 SHIP SHORT SALE&PAYOFF 791 33250.1 07/10/2013 5,000.00- SHIP REP-KIMBERLY MURRAY 502-209 100623881 SHORT SALE&SHIP 791 33258.1 07/31/2013 5,000.00- SHIP LOAN REP-CRUZ,VICENTE 100627318 SHIP 1 791 33258.1 4500.00- SHIP LOAN PAYOFF-FECIK,PETER&JACQUELYN#99-035 100627318 SHIP i 369600 3 48,221.48 791 33258.1 364601 07/23/2013 9,000.00- SHIP ANNUAL LOAN PAYMENT-SAWC 100625426 SHIP ANNUAL LOAM1!PAYMENT 791 33258.1 08/15/2013 13,412.00- SHIP LOAN REPAYMENT-HORIIONVILLAGE 100629652 SHIP LOAN REPAYMENT 369601 fi 22,412.00- • i 791 33258.1 369603 07/10/2013 1,469.70 SHORT SALE-AISLING SWIFT 505-077 100623881 SHORT SALE&SHIP 791 33256.1 07112,12013 500.00- SHORT SALE-NIEVES&MENDOZA FEE 503-229 100624355 SHIP SHORT SALE 791 33256.1 08/05/2013 500.00- SHIP SHORT SALE-SILGAERO,SALOMON&GLORIA 503-018 100627558 SHIP-SHORT SALE 791 33256.1 08/09/2013 1,637.10- SHIP SHORT SALE-DORIA,PRISCILLA 505-075 100628736 SHIP SHORT SALE&PAYOFF 791 33258.1 08/14/2013 2,106.00- SHIP SHORT SALE-VALDEZ,DANNY&NORA x08-087 100629596 SHIP SHORT SALE S 791 33258.1 08/15/2013 220.46 Red 1200035941/791-136791-369603 100629686 Red CTV9 Interface-SHIP } _.. 7 369503 ?3 _ 6,433.28- _. Packet Page -1652-