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Agenda 09/24/2013 Item #16D 3 9/24/2013 16.D.3. EXECUTIVE SUMMARY Recommendation to approve four (4) mortgage satisfactions for the State Housing Initiatives Partnership (SHIP)loan in the combined amount of$16,760. OBJECTIVE: Approve four(4)mortgage satisfactions. CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable housing program, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance or loss of homestead exemption. The following table provides details regarding the associated mortgages that have been repaid in full. As such, satisfactions of mortgages are required. Name Security Instrument Mortgage Payoff Public Record Amount Amount Vicente Cruz SHIP Second $5,000.00 $5,000.00 OR Book 2280 PG 1764 Mortgage Peter P. &Jacquelyn SHIP Second $2,500.00 $2,500.00 OR Book 2508 PG 1063 J.Fecik Mortgage Alba Vargas SHIP Second $4,180.00 $4,180.00 OR Book 4447 PG 0726 Mortgage Justin D. &Kayla M. SHIP Second $3,000.00* $5,080.00 OR Book 4604 PG 1616 Kessels Mortgage* Total $14,680.00 $16,760.00 *The Mortgage Document for Kessels was recorded containing the incorrect amount of assistance;the assistance provided was$5,080.00. Approval of this item will authorize the Chairwoman to sign the aforementioned satisfactions of mortgage and the executed documents shall be recorded in the Public Records of Collier County,Florida. FISCAL IMPACT: The repaid amount of $16,760.00 is considered program income and has been deposited in SHIP Grant fund 791, Project 33258. Such funds may be reused for eligible SHIP program activities. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval.—JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Approve and authorize the Chairwoman to sign four (4) mortgage satisfactions for owner-occupied affordable housing units for which repayment in full has been provided to Collier County. Prepared By: Wendy Klopf, Operations Coordinator,Housing,Human and Veteran Services Packet Page-1653- 9/24/2013 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to approve four(4) mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) loan in the combined amount of$16,760. Meeting Date: 9/24/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing,Human &Veteran Se 8/20/2013 11:52:36 AM Submitted by Title: Operations Coordinator,Housing,Human&Veteran Se Name: KlopfWendy 8/20/2013 11:52:38 AM Approved By Name: KushiEdmond Date: 8/27/2013 2:03:01 PM Name: DoriaPriscilla Title: SHIP Loan Processor,Housing,Human&Veteran Servi Date: 8/27/2013 3:01:25 PM Name: GrantKimberley Title:Interim Director Date: 8/30/2013 9:53:41 AM Name: SonntagKristi Date: 9/6/2013 9:04:59 AM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 9/6/2013 12:12:38 PM Packet Page-1654- 9/24/2013 16.D.3. Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 9/10/2013 10:04:32 AM Name: CarneliSteve Title: Purchasing/General Services Director Date: 9/10/2013 3:04:18 PM Name: RobinsonErica Date: 9/10/2013 3:50:25 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 9/11/2013 2:53:31 PM Name: KlatzkowJeff Title: County Attorney Date: 9/11/2013 4:07:12 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/12/2013 7:22:30 PM Name: OchsLeo Title: County Manager Date: 9/13/2013 12:26:54 PM Packet Page -1655- 9/24/2013 16.D.3. 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 Vicente Cruz to COLLIER COUNTY, recorded on February 6,1997 in Official Records Book 2280 , Page 1764 , of the Public Records of Collier County,Florida, securing a principal sum of$5,000.00 and certain promises and obligations set forth in said Mortgage,upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 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: CJ�- 1 .tea Jennif2F A.Belpedio Assistant County Attorne Packet Page -1656- 9/24/2013 16.D.3. 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 Peter P.&Jacquelyn J.Fecik to COLLIER COUNTY, recorded on February 2,1999 in Official Records Book 2508 , Page 1063 , 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 full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2013,Agenda Item Number ATTEST: 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: Jennife'FA.Belpedio Assistant County Attorney Packet Page -1657- 9/24/2013 16.D.3. 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 Alba Vargas to COLLIER COUNTY, recorded on April 27,2009 in Official Records Book 4447 , Page 0726 , of the Public Records of Collier County,Florida, securing a principal sum of$4,180.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2013,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: ,DEPUTY CLERK GEORGIA A.HILLER,ESQ.,CHAIRWOMAN Approved for form and legality: Jennif elpedio Assistant County Attome Packet Page-1658- 1 9/24/2013 16.D.3. 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 Justin D.and Kayla M.Kessels to COLLIER COUNTY, recorded on September 14,2010 in Official Records Book 4604 , Page 1616 , of the Public Records of Collier County,Florida, securing a principal sum of$3,000.00 and certain promises and obligations set forth in said Mortgage,upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 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.Belpedio Assistant County Attorney Packet Page-1659- ., ' 9/24/201316.D.3. lets: 2145935 OR: 2280 PG: 1764 DI,D 5000,01 AKIIITITLI IIC IICOIDID i1 the OIPICIAL IICOIDI of COLLIII COUITT, TL OIL( 5000.01 1011 40111 YOU 58 $5 02106151 it 09:01A1 MUCKS I. IIOCI, CLII1 IIC III 15.50 (APED IL 34116 DOC•.35 17.50 SECOND MORTGAGE THIS SECOND MORTGAGE("Security'Instrument")is given on January 30,1997. The Second Mortgagor is Vicente Cruz a married man4 ("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 21100 North Horseshoe Drive,Naples,Florida 34104. Borrower owes Lender the sum of Five Thousand and Nor 100 l)ollars(U.S.S5,000.00)debt is evidenced by Borrower's Note dated the same date as this Security Instrument(-Second Mortgage"),which provides for monthly payments,with the full debt,if nut paid earlier,due and payable on sak of property,Mistime.,or loss of homestead exemption. This Security Instrument secures to Lender;ia)the repayment of the debt evidenced by the Note,with interest,and all renewals.extensions and modifications;lb)the payment of all other suns,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 conic)to Lender the following described property located in Collier County. Florida. Lot 17.Block 176,Gulden Gate Unit 5,according to the plat thereat;recorded in Plat Book 5.Page 117,ot'the Public Records ol'Collier County. Florida. and which has the address of("Property Address'): 17133 53rd Lane SW,Naples,FL 34116 TOGETI IER 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 he covered by the Security Instrument. All of the foregoing is referred to in the Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully wired of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,exeep ldremen+nbrances of record. Burrower warrants and will defend generally the title to the Property against all claims and demand sti'blt 36.1. li' t•nc't�dl rmces,o\ord. �� /--�� 1 ty,. s TIiIS SEC('R I'fY INS'fRUMENI c r form covenants for rtinioaa non-uniform covenants with limited variation by jurisdiction to constitute a uniform security inirumetfi,aa al property l".'•�`_�o� Cam. UNIFORM COVENANTS. Borr /er • rtevena(il \ • cell I.Payment of Principal and late ..t, ' ym •t abd .at •r. •es. tl. .wee spa!!promptly pay when due the principal of and interest on the debt evidenced by the Note.\( •' V� ,,, 2. Taxes. The Mortgagor will pay assessments.sewer r atff(� prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to.• �kthe same respectivel l E dL,,,Fit� A t(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfu 3Tf s ,•or levied against ur .04 t to the Property,121 all utility and other charges, including"service charges".incurred or imposed for any/ '.anan� men+ upancy,upkeep and improvement of the Property,and (3)all assessments or other governmental charges that 7`sitiltlyfe. nstallments over a period of years.the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such ins alts as arc required to be paid during the term of the Mortgage,and shall,promptly alter the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3.Appllcadons of Payments. Unless applicable law provide>otherwise,all payments received by Lender shall be applied;first,to interest due:and,to principal due;and last,to any late charges due under the Note. 4.Charges;Liens. Borrower shall pay all taxes,assessments,charges,tines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly f rnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing 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;(h l 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 I U 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 Burrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,(.ender may.at Lender's option,obtain coverage to protect Lender's rights to the Property in accordance with paragraph 7. At all limes 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 Atungagor and Mortgagee against loss or damage to the Premises by fire, lightning,and other casualties customarily insured against(including boiler explosion,if appropriate 1,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,Burrower shall give prompt notice to the insurance carrier and Lender. Packet Page-1660- OR. 2280 PG. 17 9/24/2013 16.D.3. Lender may make proof of foss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree g tee in writing,insurance proceeds ,.'°'+• shall be applied to restoration or repair of the Property damaged,lithe restoration or repair is economically feasible and Lender's security is not lessened. lithe restoration or repair is not economically feasible or Leader'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 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 I or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,tturrower'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.Oecupancy,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 alter 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 judgement could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or fail to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy 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 merge in writing. 7. Protection of Lender's Rights In the P rtl llto ri64rrf perform the covenants and agreements contained in this Security Instrument,or there is a legal proceedif e-/ significant er's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeittin,so enforce laws or regulatto# Lender may do and pay for whatever is necessary to protect the value of the Property and Lender/righ rty. lender's acti• ma Jude paying any sums secured by a lien which has priority over this Security Instrument,appearirfg i �ing reason B e an• s'f \ and entering on the Property to make repairs. Although Lender may take action under this 7 ,3,1 ,� • .. i y amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower ec b mill ri )st ,1' .... .w r and Lender agree to other terms of payment, these amounts shall bear interest f r o m the d to o is ursc en at he �an•i I I• pay le,with interest,upon notice from Lender to Borrower requesting payment. C) t--4 Y 8.Mortgage Insurance, If Lender mortgage insurance as J. •in. g the loan secured by this Security Instrument, Borrower shall pay the premiums required to fygta the mortgage insuranc t• • for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect, o® er shall pay the prem ., rf,� to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost to tt "Tltha.mat gage l•.: •/ iously in effect.,from an alternate mortgage insurer approved by Lender. Is substantially equivalent mortgage' u> tEctgt . ,. available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being pat y 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 inspections. 10.Condemaation, 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 shalt be paid by Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by Ibl the fair market value of the Property immediately before the taking. Any balance shall be 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 less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable use otherwise provides,the process,the proceeds shall be applied to the sums 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 the due date of the monthly payments referred to in paragraphs I or change the amount of such payments. II. Borrower Not Released,Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by l.ender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amonuation of the sums secured by this Security Instrument Packet Page-1661- OR: 2280 PG: 1', 9/24/2013 16.D.3. by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not he a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound:Joint and Several Liability:Co-Signers. The covenants and agreements of this Security instrument shall bind and benefit the successors and assigns of(.ender and Borrower,subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note:la) is co-signing this Security Instrument only to mortgage,grant and comes.that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and lc)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's 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 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 I.aw;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clan nf4hir�xucity Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instruni sere gig tti)�f��j'b�•c`, iven effect without the conflicting provision. To this end the provisions of the Security Instrument and the )te�`re fir tv e�ev�i�6yE f,,Nt 16. Borrower's Copy. Borrower all b a one conformed copy oft Not and of this Security Instrument. 17.Transfer of the Property o/a Be.e t gl,Iate, o :.rrowerl If all or y part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borro r i soli•r. s r • ,• to o e s of all natural person)without Lender's prior written consent,Lender may,at its option,require mm-•fat payn1en in ull • urns b this Security Instrument. However,this option shall not be exercised by Lender if exercise is p d�itb t • do 4 ' ' ' date. •r• Instrument. �L 1 N If Lender exercised this option,Le•dr. .all give Borrower notice do he notice shall provide a period of not leas than 30 days from the date the notice is delivered or ithin which Borrower secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration o hia-. 'od,Lender may invookk r3< ies permitted by this Security Instrument without further notice or demand on Borrower, .1,›�—, � 't' r11E cam% IS. Borrower's Right to Reinstate. If Borrower meets c tti' nditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days for 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(.ender all sums which then would be due under this Security Instrument and the Note as if no acceleration has 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 has occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale or Note;Change of Loan Service. 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 charge 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 Service unrelated to a sale of the Note. If there is a charge of the Loan Service,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 Service 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 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 Packet Page-1662- *** OR. 2280 PG. 17.9/24/2013 16.D.3. or formaldehyde,and radioactive materials. As used in this paragraph'u."Environmental Law"means federal 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 accelenuion 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;(h)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(dl 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 Burrower 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 tics and costs of the tilfe evidence. 22. Release. Upon payment of all sums secured by this Secunty 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 Ibis 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 ridert sl were a part of this Security Instrument.(('heck Applicable Box) I ]Adjustable Rate Rider [ I Rate Improvement Rider I I Condominium Rider ( [Graduated Payment Rider [ ]1.4 Family Rider ( I Second Home Rid ttri-tA-Rider [ )Biweekly Payment Rider I I Planned I'nit Development Rider( )[ 1h 0\0-)4 1 VvN SIGNING BELOW.Borrower aIcept ag t_tut••terms a. cove is contained in this Security Instrument and in any rider(s)executed by Borrower and •cortif �t 1, J7 \ Signed,sealed and delivered in the pres•pcc Q E- ir Signature 7'' • ' •! \...,, , _ Sipnaturc - : C.,t LA-L. (Seal) Witness <-..\ BOW kfl ente Cruz Print Name:RHONDA I.ETZ 0. Address: 1783, t(d.I e SW r pies • 34116 Signature � T ", C . Witness Print Name:MARY i.e J BREAZ Signature_ • • • (Seal) Borrower: ' f' • State of Florida _''AI si- _ , County of Collier I hereby certify that on this day.before me.An officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments,personally appeared Vicente Cruz identified by drivers license,to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this 30 day of January, 1997. My commission expires: ( r i ,-1 Notary Public's Signatur' :�ar•�arn MrrvLoultreaa Maty Lou&eaz 1pL Nosa.y t'..,t,c,State of ri«rda :; Notary's Primed Name �� Commiis n No CC)5)781 7i wMyComrn,,nun kxpirrn W)r97. if frrlllrNrllrrNlKrrNrrlrrl�NNrrlr fore Packet Page-1663- IISD: 2428823 OR: 2508 PG; 1063 OM 9/ 16.D.3. t LORI! AlCOtDlD In the OilICIAL RBCORD! of COLLItt COUNTY, 71 ttC ill 19.50 Lt1RIa a pMDCN'N DI CINTIR MAY 02/02/99 at 08:19AM DMIGNT I. 810CI, CLUI DOC-,15 8.75 ATTON 11A 2(109 motion.M SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")is given on January 29,1999,executed by Peter P. Falk,a Married Man,joined by his wife,Jacquelyn J. Falk("Borrowers"). 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,Naples,Florida 34104. Borrower owes Lender the sum of Two Thousand Five Hundred and No/I00 Dollars(U.S.S2,300.00)debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the fled 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 O 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. Unit D•103,The Abbey at Berkshire Village,'Condominium,according to the Declaration of Condominium thereof recorded in O.R.Book 1280 is Page 1401 through 1436,inclusive,with any and all amendments thereto,with all appurtenances thereto appertaining and specified in the Declaration of Condominium,Public Records of Collier County,Florida, and which has the address of("Property Address"):1215 Commonwealth Circle ad,Naples,Florida 34116 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 natures now or hereafter a pan of the property. All replacements and additions shall also be covered by the Security instrument. All of the foregoing Is referred to In the Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawMUII seized-of.theestate hereby conveyed and has the right to mortgage.grant and convey the Property and that the Property is unencumbeee � tlar Qo of record. Borrower warrants and will defend generally the title to the Property against all claims and dem V ' Y ono q ��ya�t rd. THIS SECURITY INSTRUMENT combines/uniform on pants for national u3 and'on-uniform covenants with limited variation by jurisdiction to constitute a uniform security inm rat cluteet0j real-pRCparty. UNIFORM COVENANTS. Borrower Lrn . To o, :of Princi a l and literaa i i't t`ac s es. : ' 1tal nromptly pay when due the principal of and 1.Paysaaat P ..,,. inter st on the debt evidenced by the Note, i( /r-.1— l" r 3. Tales. The Mortgagor will pay ally ,assessments,sewer rents tat" prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be..'1d. .� •same respectively be,o (AX I)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully . ,rte pect to the Property,(2)all utility and other charges, including"service charges",incurred or Imposed for the o.- `o i; rttbydsih e,.;e< upancy,upkeep and improvement of the Property,and (3)all assessments or other governmental charges that may law a ilin installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as ere required to be paid during the term of the Mortgage,and shall,promptly attar the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3.Applicatioas of Payments, Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to interest due;and,to principal due:and last,to any late charges due under the Note. 4,Cbargeat ldeos. Borrowet shall pay all taxes,assessments,charges,fines and Impositions attributable to the Property which may Stith priority over this Security instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing 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 filth the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement uf the lien;or O 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 an forth above within 10 days of the giving of notice. S.Huard 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 to 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 shell 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 Packet Page-1664- OR; 2508 PG: 1 9;24/2013 16.D.3. 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 reparation or repair of the Property damaged,lithe restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the Insurance proceeds shall be applied to the sums secured by the Security instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days,t notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds, Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,arty application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to In paragraph 1 of 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.Oeapasey,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 Judgement could retch in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided In paragraph I B,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be In default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or fall to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. 1t'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 II not merge unless Lender agrees to the merge in writing. 7. Protection of Leader's Rights In t teP9�+'�''p y orrowa bit orm the covenants and agreements contained in this Security instrument,or there Is a legal procoe(!(nCt C'may significantly affect eArs rights in the Property(such as a proceeding in bankruptcy,probes.,for condemnation or fort turepr o-.nfo lays or regulations), on ,ender may do and pay for whatever is necessary to protect the value oldie Property and Lenders.rights in tke"P,.• rty-:—GeTfd•'a actions ay i ludo paying any sums secured by a lien which g Y Y hu priority over this Security instrument,affpear ,.ia.44 rt .., 1, ,• a• fees and entering on the Property to make repsin. Although Lender may take action under this• • •h , ••d- d•.. amo nts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower - u -•b this'ec:I i.U i • and Lender agree to other terms of payment, these amounts shall bear Interest from the der o' • , e ,.i• 1 • , c an....1 1 •la,with interest,upon notice from Lender Borrower mutating payment. pq, P e to R Mortpge Insurance. If Lender req Mortgage Insurance as a cried hip ' ng the loan secured by this Security Instrument. Borrower shall pay the premiums required to ma \ engage Insurance I ,e t. ,for any reason,the mortgage insurance coverage required by Lander lapses or ceases to be In effect.Bo ,sJ Wit wed to obtain coverage substantially equivalent to the mortgage Insurance previously In effect,at a cost to Bo fklitermotAlan ice previously in effect.,from an alternate mortgage insurer approved by Lander. Is substantially equivalent mortgage insuranceissvefage 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 tinder 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. lo,Coademaatba. 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 by Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking Is equal to or greater than the amount of the sums secured by this Security instrument Immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shell be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Properly immediately before the taking is leas than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the process,the proceeds shall be applied to the aunts 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 the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. I I. Borrower Not Released,Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors In interest. Lender shall not be required to commence proceedings against Packet Page -1665- OR: 2508 PG: 1Ub5 9/24/2013 16.D.3. any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by mason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Svensson aid Assigns Bound;Joint and Several Liability;Co-Signers. The covenants and agreements of this Security ln,tnmtant shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be Joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a) is co-signing this Security instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Insuumemt;(b)is not personally obligated to pay the sums secured by this Security Instrument;and O agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loss 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 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;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which dot 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 the Security instrument and the Note are declared-to-brsevergble. 16. Borrower's Copy. Borrower shall be� A' formed cop she and of this Security Instrument. 17.Transfar of the Property or a Beriefcl f Isstersst-in Borrower. If all part of the Property or any interest in it is sold or transferred(or If a beneficial interest In Borrower i/slc tlrtrapsfe iii Brower is .t a 4turai person)without Lender's prior written consent,Lender may,at Its option,require ins odia*li t i f • •• . .is St urity instrument. However,this option shall not be exercised by Lender If exercise is pro (bit y aid low o e �•e� I - u icy 1 strument. l e - once shall provide a period of not less than If Lender exercised this option,Len Dha o o• • acre P P 30 days Prom the dote the notice Is delivered or al within which Borrower �,�•pay 1 sus. ^•• red by this Security Instrument. if Borrower falls to pay these sums prior to the expiration od,Lender may Inv ausy . .` feed by this Security Instrument without further notice or demand on Borrower. \�' ��`��`��\\\\\\ rr 1$. Borrower's Right to Reinstate. If Borro' . ' vi 2� mower shall have the right to have enforcement of this Security instrument discontinued at any time prior to the - .t++a;iaf�irtar�' 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 instturnent;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 u If no acceleration has occurred;(b)cures and detisult of any other covenants or agreements;O 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 lnserunsent shall continue unchanged. Upon reinstatement by Borrower.this Security Instrument and the obligations secured hereby Mall remain Billy effective as if no acceleration has occurred. However,this right to reinstate shall not apply in the caw of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Service. 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 charge 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 Service unrelated to a sale of the Note. If there is a charge of the Loan Service,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law, The notice will state the owns and address of the new Loan Service 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 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 we 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 governments!or regulatory authority,that any removal or other remedlation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances"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 of the jurisdiction where the Property is located that relate to health,safety or environmental protection. Packet Page-1666- OR: 2508 PG: 9/24/2013 16.D.3. 21. Aarelinden;Rssedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement Its 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;O 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 curt the default on or before the date specified In the notice may result In acceleration of the sumo 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 Rill of all sums secured by this Security Instrument without farther 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. Ralesse. 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'Feta As used In this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Alden 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 shell be incorporated into and shall amend and supplement the covenants and 1 agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument.(Cheek Applicable Box) [ j Adjustable Rate Rider [ ]Rate Improvement Rider ] ]Condominium Rider [ ]Graduated Payment Rider [ ]1-4 Family Rider [ ]Second Home Rider [ ]Balloon Rider [ ]Biweekly Payment Rider 1 ]Planned Unit Development Rider[ ]Other(s)(specify) •t 1 ' —Q t T SIGNING BELOW,Borrower accepts�n�he terms; . , *�xts contained in this Security Instrument and in any rider(s)executed by Borrower and recorder It. /C •,___� Signed,sealed and delivered in the prose s<e of i Si . / r" ! 5[ n t 0441 r72 --a,c (Seal) WI. to all r j L....iJ f't orro.IL etei-P, Fecik Print Name:Terry A. Lurie "" Address:*15 Cc; mqit-� th Circle ND is es, ..1 ' Signora 1 - . a / " L- � Witness to all \ -atlb 'M4 t� Signa .-�•._ „ f 4 Print Name:Louise D. Emmert < j-rf ,-Jacq .' n J/Fecik -----hf Cbmmonwealtb Circle#D Naples,FL 14116 State of Florida County of Collier I hereby certify that on this day,before me.An officer duly authorized in stairatorc as d and in l*ca my aforesaid to take acknowledgments,personally appeared Peter P. Fecik and Jacquelyn J. ecik„identified by drivers license nown to be the perttext(a)described in and who executed the foregoing instrument and ac before me that ixecuted the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid thish day of January, 1999, My commission expires: 00 Notary Public's Signature Notary's Printed Name ',°;14.(4%, LOUISE A.EMMERT �•1i COMMISSION if CC own ,ice a. EXPIRES FES 01,X000 ''t*iv' AIUHTIC SOWING 00,,elt Packet Page-1667- ; c, 9/24/2013 16.D.3. PROMISSORY NOTE Date: August 9, 2010 Borrower: Justin D. Keasela and Kayla K. Kassala 2575 27e' Ave NE Naples Florida 34120 (Property Address) (City) (State) (Zip) B0RROWER(8) PROMISE TO PAY: I/We promise to pay Five Thousand Eighty and 00/100 Dollars ($5,080.00) (this amount will be called "principal") to the order of Collier County or to any other holder of this Note (the "Lender"), whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". 2. INTEREST: Interest on this Note shall be zero percent (04) per annum; except that if I/We fail to pay this Note as required, the interest rate shall be twelve percent (124) per annum from the date when payment of this Note is due until I/We pay it in full. 3. PAYMENTS: Principal payments shall be deferred for the term of the first mortgage loan or until sale of property, refinance, or loss of homestead exemption, the date the last payment is due on refinance or satisfy the first mortgage loan, I/We agree to immediately pay the entire sum due under this Note. My/Our total payment shall be U.S. $5,080.00. 4. BORROWER'S RIGHT TO PREPAY: I/We have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so. I/We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I/We make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If I/We make a partial prepayment, there will be no prepayment penalty adhering to or associated with such prepayment 5. LOAN CHARGES: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits; then (i) any such loan charges shall be reduced by the amount necessary to reduce the charges to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions cf the First Deed of Trust and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Deed of Trust, curing defaults by the Borrower under the First Deed of Trust or for any other purpose expressly permitted by the First Deed of Trust or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that (I) the Lender has been given written notice of a default under the First Deed of Trust and (ii) the Lender shall not have cured the default under the First Deed of Trust within the 30-day period provided in such notice sent to the Lender. 7. 8ORROWER'S) FAILURE TO PAY AS REQUESTED: (A) Default If I/we do not pay the full amount as required in Section 3 above, I/we will be in default. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me/us to pay the Note Holder's cost and expenses as described in (H) below. (B) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its costs and expenses, including, but not limited to, reasonable attorneys' fees. Packet Page -1668- 9/24/2013 16.0.3. a. GIVING OF NOTICES: unless applicable law required a different method, any notice that must be given to me/us under the Note will be given by delivering it or by mailing it by first class mail to me at the Property Address on Page 1 or at a different address if I/we give the Note Holder a notice of my/our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address if I/we have been given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full or all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed, within which Borrower must pay all Sums secured by this Security Instrument. If Borrowers) fail 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. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Bolder to collect and apply such proceeds in accordance with the First Deed of Trust. 12. This note is governed and construed in accordance with the Laws of the State of Florida. WITNESS TEE SANDS) AND 6EAL(6) OF THE UNDERSIGNED. (Seal) Borrow Justin D. Ressele - (Seal) Borrower Kayla M. Kassala =e>s RETURN TO: Collier County Housing and Human Services Department i6c ��_`®==s 3301 E. Tamiami Trail File#: 09-272 Naples, FL 34112 Phone: (239) 252-5312 Fax: (239) 252-6518 Awe. Packet Page-1669- INSTR 4474444 OR 4604 PG 1616 RECORDED 9/14/2010 10:12 AM PAGES 3 9/24/2013 16.D.3. DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.3S S10.50 REC $27.00 OSLO $3,000.00 OBLI $0.00 Prepared by: ' Priscilla Doria Collier County Housing, Human & Veteran Services 3301 E. Tamiami Trail Naples, FL 34112 SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")is given on day of F 7,1 ,2010. The Second Mortgagor is: Justin D.Kessels and Kayla M.Kessels,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. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Three Thousand and 00/100 Dollara (53,000.00).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 Golden Gate Est,Unit 69,E 76FT OF W 160FT OF TR 45,Collier County,Florida and which has the address of: Plat Book 7, Page 65 ("Property Address"): 2575 27ts Avenue NE Naples Florida 34120 (Address) (City) (State) (Zip) 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 S•. . .11 fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by the Security Instru - �M' 1,� «�• is referred to in this Security Instrument as the"Property'. BORROWER COVENANTS that Borrower is . t -•r•i•• - y conveyed and has the right to mortgage,grant and convey the Property and that the Property is unen-. Ypt for encum• -• •. Borrower warrants and will defend generally the title to the Property against an claims and• ect to any enc cobra - • ••rd. THIS SECURITY INSTRUMENT corn• - covenants for national and • -uniform covenants with limited variation by jurisdiction to constitute a uniform security i. -• r= UNIFORM COVENANTS. Borrower -nde-"- follows: 1. Payment of Principal and t ;;+n r sit li promptly pay when due the principal of and interest on the debt evidenced by the Note. �� 2.Taxes,The Mortgagor will pay •-V p -to the actual of any penalties or Interest thereon. The Mortgagor shall pay or cause to - . •, ; _.. -4.1.,7_ .-. (1)ell taxes and governmental charges of any kind whatsoever which may at any time be I A i - or levied again'• Property.(2)all utility and other charges, including"service charges",incurred or impos-•' -operation,maintena J•; -AZIZI,upkeep and improvement of the Property,and (3)all assessments or other governmental cite• � ay lawfully be paid In � tiQ�period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to• I such installments as. -•. .• paid during the term of the Mortgage,and shall,promptly after the payment of any of the • • 1 " to Mortgagee such payment 3. Application of Payments. Unless appli-'� -•, •,r •-yments received by Lender shall be applied;first to interest due;and.to principal due; nd last,to any late- a r^c 4.Charges;Clan. Borrower shall pay all taxes,a-- - - rges,fines and impositions attributable to the Property which may attain priority over this Security Instrument and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing 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. 6. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including 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 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 shad promptly give to Lender all receipts of paid premiums and renewal notices..in the event of Ices,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 spree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically 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 Properly 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 tinder 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 Fen created by this Security Instrument or Lender's security Packet Page-1670- OR 4604 PG 1617 9/24/2013 16.D.3. interest Borrower may are 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,predudes 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 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 Borowers occupancy of the Property as a principal residence. If this Security Instrument Is on a leasehold,Borrower shall comply with ad the provision of the lease. I f Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights In the Property. If Borrower fails 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 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. 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 Properly to make repairs. Although Lender may take action under this paragraph 7.Lender does not have to do so.My amounts disbursed by Lender under this paragraph 7 shaft 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 shag 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 previousy 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. 0. 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 awns secured by this Security Instrument whether or not then due, with any excess paid to Borrower. In the event of a partial taking of theme•• rty,in which the fair market value of the Property immediately before the taking Is equal to or greater than the amount oft ; Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in :.,,wr.� gnse' writing,the a � u ant shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amo • J" • a seared' - -the taking,divided by(b)the fair market value of the Property rnmediatet before the taking.Pe Y� Y g Any•,11't chart be paid to:• event of a partial taking of the Property in which the fair market value of the Property immediately - •! -taking is less than the- a sums secured immediately for the taking, unless Borrower and Lender otherwise agree in • • un- a. --• • the proceeds shall be applied to the sums secured by this Security Instrument whether or • s -- , • - I) -.. ;y;� •rower otherwise agree in writing,any application of proceeds to principal shall not-. - ' • .ants referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Po y d t till"!• - time for payment or modification of amortization of the sums seared by this•-- Ka .r t `-r to a --• • in interest of Borrower shall not operate to release the liability of the original Borrower or r.:•• cce -m ,•. be required to commence proceedings against any successor in interest or refuse to time for payment or oth �:e ,•tion of the sums secured by this Security Instrument by reason of any demand made by• *final Borrower or B.• • ,,i - •rty interest Any forbearance by Lender in exercising any right or remedy shall not be a we' r• • preclude the exercise u�IJ medy. 12.Successors and Assigns Bound;•• Several Liability;C• f" -covenants and agreements of this Security Instrument shall bind and benefit the successors an• �r• • Lender and Bor�.• � -to the Provisions of paragraph 17. Borrowers covenants a II.` 14 • - I.Any Borrower who co-signs this Security Instrument but does not execute the Note:(a)Is co-signing --, ?r' • y to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is •7 • .. obligated to pay the sums secured by this Security Instrument and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accornmodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent 13. Loan Charges. If the loan secured by this Security Instrument is subject toe 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 chose 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.My notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 16.Governing Law;Severability•This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower Is note 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 data 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 data 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 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.(e)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 unchanged. Upon reinstatement by Borrower,this Security Instrument end 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 Servlcer-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 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-1671- ►►► OR 4604 PG 1618 **► 9/24/2013 16.D.3. 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 Properly. 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,ore notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Properly 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,"Enviroranental 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;(e)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 M 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. 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) 0 Adjustable Rate Rider D Rate Improvement R' ❑Condominium Rider ❑Graduated Payment Rider D1.4 Family R'i�er- •OR•CO Second Home Rider D Balloon Rider D Biweekly l r nit Development Rider 0 Others)(specify G' SIGNING BELOW,Borrower accepts and a• to terns, • -ined In•is rity Instrument and M any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered M the presence•f: pv Witnessitl: •• 4.. . •tenets . - Bono f easels Signature: "� �•1 1_ Wdness#2: Signature: G• ► Le...• f 1� Co-B.n.• `Rj 9/24/2013 16.D.3. 'II f A. Settlement Statement (HUD-1) a3maAOwm+raa�mal I.K FHA 2.3RHS 3.00mn.UNu 6.Pk Nmnba 7.Lou Nemhcr I.Mange Immix Cage Number 4 VA 5. Cone.lm. FNMA•2375 1101214167 0954738634703 C.NOTE:Thin farm is NDibed to eneyea a Wlmeet o(wrlimU®eat nmr.Ammo paid to and by the wulmul gut n .hoam. Item meked'(p.o.e)r mare mid outside the dab>E they are abeam bare O1rbJmmademl pumeem end newt lededed In the mah. D.NAME OF BORROWER: MIMI Easels and Kaye Kends ADDRESS OF BORROWER:2573 276 Avenue NE,Naples,FL 34120 Lr NAME OP SELLER: Fedad National Martine Association ADDRESS OF SELLER: 13453 Noel Road,Doles,TX 73240 F.NAME OF LENDER: Franklin American Manage Compnay ADDRESS OF LENDER: 301 Corporate Corte Dave,Soho 400,FmkIo,TN 37067 G.PROPERTY 2573 27th Avenue NE LOCATION: Nttplm,FL 34120 K.SE171.EMENTAmon; REO TITLE COMPANY OF FLORIDA,LLC PRO(305)935-3500 20601 BISCAYNE BOULEVARD,SUITE 501,AVENTURA,FL 33130 PLACE OF SETTLEMENT:20101 BISCAYNE BOULEVARD,SUITE 501,AVENTURA,FL 33180 r VITTIFarPNTMTV. 1117170111 101(WM.(mina e.fen 101 gettlae.n che....m hertrever(17.17.14001 117360 Ot MOW EMMEN 1114 1111111.111111.11.11 Inc o. I- ebr - 1110 1117 In III to 117 to_ 129.0Nn Amnon 0..Dame Deem 137,.360.04 429.Omee Amami Dm Ti tier 127,00.00 141tex:r.r 1 r1T17T rIEMIIIIIII ,. . ... . 1174441er15w4r0M1m m Nw7..r('ie.nO NIMMIIMIII e .rre- crran,.rf-*^-"t. I7 m 14 b t 715 16 In 17 ee 711. to 11111M1111- 219. m - 220.T.ul Annum erie N7 .N 529.Tael rr.wsS 17,Se9A9 ..b Bad/of Dnnewv Ammo Des.:. fY,"4�cy�-,°TM.7's..._.,...g ...:.. ..rr�.h i o-e:-.,..r.:•, I':..."„'v..rte ri, T.�.• y.„� . ..:-x-', ¢i 01 Diets amount doe Flom hnmNerflhm 1201 1373617 04 :1,- o,„ r 02.1in■mamla mld hv/(or boemw.TNne 2201 13736L04 ,.,. ,. ..„: rd � J .. . . .. 393.t.mh 13 From 02o Borrower 603.C1eh 1=1Te ❑F7wn Sadler 109,49031 Amur iNUUs on obakk Pep 1 03 man eY.tm/atr., OOP 70.11)•taw ammo.' HUD-I • • • Packet Page-1673- 9/24/2013 16.D.3. Ua.DE'ADT74DTOF DOUSING AND URBAN DEVELOPMENT • • •: STATEMENT PAGE2 I 1,111 r• Etd.W.r .dS S:". simusi„ .r.-3dca71dP — '.' ''1 ._.._ .... .. OPE11... _ -- r Y torOFB .E111111MMIIIMMI MIIIIMEETXIMEMEMi One _-- MI —117F.T.ril i l uRilMMUNE. WK. M b°ms r� 11107 ldeelpaps .h. ao')c 10(17 f diTww 77 ww.M® 107 di Fis M. 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Thor Lore eaab - 3011D 7a• War Wd.lhum r.bo 1.09% Y.EItleld.5.Ny. of e..d for ph101.k.ma.l: S 702.44 iekdm CO or mama Moors g144.M.1 Whim 53.fisron Mom yaw hem weird? &Np,OY..,Ms rbo m.whoa of xThe ea Moo Mite m mdwaw.a+•••y .ke eo•rm4 doom Imo nom iormorhems by O.me.1e.44.1955.)m94e90 rwbswtmd mwwrhe Ism is %orOrem Boo Woo eikpiyassaodma,919p.dM199199igm7 @1N.DON km.d.o.mmboOS Evoif ye.Mamma alm aSM...rb gbh.Drothe Iris I.ammai bo rlhoorymar ono mot lrplm¢7,imrtrorlhrysj leshoredmt ' ...dsgras ' _ 71re mhos km emrbe le la D.4 74..14e4 4441ho•.ml1.a+e7 Do..DYr.ne mom.=orroomO verbs _ Donor oaks.kilos prom? gbh.074.or hosWM prommll dm it sari Tad aeky meta e.d idoW,g MOM rm.Wppm. - OYwamak.w.mmW..ew l•lmml for 4ar.mN U popely ow and b.wm..r Mom Yr ma pay On kw Why reerrO D Y.r bmm MOW..dry mho prom at 245.15 r awls o.d h*14 me*Iowa ewed as 941.29 .TN.idwr padpd.Irmo•r7 mop Im..m md.q km dais irbw. �pnpery m.. WHemeN.sr)m..aw DUO maa. ®MmM.Be Ie.aaaee ❑ ❑ Nola If you hoe way Q.mtlbls.bom ds 1919 90021 Classes and Lon Tare Wed on Olio lima please contact Your Imda. Fllc 1904/..73; Yoko rdleoesw.k.bm .edaI I13I Pas 3 01 mu DOW.hobs 019704$m•1a9wrl IhJD.I • • • • • Packet Page-1675- $.ECORD&RETURN TO: 4288101 OR; 4447 PG.9V I LU 13 16.D.3. Southern Financial Title Services RBCORDID in OFFICIAL RECORDS of COLLIER COMITY, FL 450 N.Park Road,Suite 410 04/27/20D9 at 02:56PM DWIGHT I. BROCK, CLBRE Hollywood,FL 33021 OBLD 4180.80 RIC FIB 35.50 PREPARED BY: PRISCILLA DORIA DOC .35 14.70 COLLIER COUNTY HOUSING Retn. AND HUMAN SERVICES DEPT. SOUTHERN FINANCIAL TITLE 3301E TAMLAMI TRAIL SECOND MORTGAGE 450 N PARK RD 1410 NAPLES,FL 34112 HOLLYWOOD FL 33021 THIS SECOND MORTGAGE('Security Instrument')Is given on ,2009. The Second Mortgagor Is: Alba Vargas,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 3301 B. Tarsiers/ Trail, Naples, Florida 341.12 . Borrower owes Lender the sum of Four Thousand One Hundred Eighty and 00/100 Dollars ($4.180.00). This debt is evidenced by Borrower's Note dated the same date as thls Security Instrument("Second Mortgage"),which provides for monthly payments,with the fun debt,If net paid earlier,due and payable on sale of property, refinance, or lose 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 Golden Gate Est,Unit 84 N76'Si 50'Tr 12e,Collier County,Florida and which has the address of ("Property Address"): 3875 Everglades Blvd N, Naples, FL 34120 • TOGETHER W1TH 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. AM replacements and additions shell also be covered by the Security Instrument. l ging.ia referred to in this Security Instrument as the"Property'. BORROWER COVENANTS that Borrower Is IawMty.se It conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencum r e n ifIbra�o rd. Borrower warrants and wit defend generally the title to the Property against all claims and deman �b to any encumbrances'�gqt rho . THIS SECURITY INSTRUMENT combin u covenants for national use'a d no uniform covenants with limited variation by jurisdiction to constitute a uniform security inst nt UNIFORM COVENANTS. Borrower a Le er�t and agree a Billows: 1, Payment of Principal and Interest;P an hail romptly pay when due the principal of and interest on the debt evidenced by the Note. ( / ��}� 1 2, Taxes, The Mortgagor will pay all,axe 1 asieas en . rre s Driorto the accrual of any penalties or interest thereon. .� l �,�� ^ The Mortgagor shall pay or cause to bb ,ls�'sa ewe h)(.1 all taxes and governmental charges of any kind whatsoever which may at any time be I y a seed or levied against 6?with pact i Property,(2)all utility and other charges, including'service charges',Incurred or imposed Lk operation,maintenance,*. p f pkeep and improvement of the Property,and (3)as assessments or other governmental charges y lawfully be paid in In Piroia period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be o such installments as are uIred(o be paid during the term of the Mortgage,and shall,promptly after the payment of any of the forego! , to Mortgagee evi r Seth payment. 3. Application of Payments. Unless applied w silents received by Lender shall be applieo:first,to interest due;and,to principal due;and last,to any late ch • u orterfitt, 4. Charges;Liens.Borrower shall pay all taxes,aurae ,fires and Impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,If any. Borrower shell promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any nen which has priority over this Security Instrument unless Borrower.(a)agrees in witirg 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 en 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. 6. Hazard or Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property Insured against loss by fire,hazards included within the term"extended coverage'and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained to 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 shad 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.ali•risk insurance protecting the Interests of the Mortgagor and Mortgagee against loess or damage to the Premises by fire,lightning,and other osaualttes 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 sea 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 shell be applied to restoration or repair of the Properly damaged,If the restoration or repair te economically feasible and Lender's security Is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days e notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may .use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender end 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 I or change the amount of the payments. If under paragraph 21 the Property Is acquired by Lender.Borrowers right to any Insurance policies and proceeds resulting horn 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. G. Occupancy,Preservation,Maintenance and Protection of the Property;Borrowers Loan Application,Leaseholds. Borrower snarl occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security ineuument 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 she Property,allow the Property to deteriorate,or commit waste on the D�— �s90,4/ Packet Page-1676- �1 �' OR: 4447 PG: U9/24/2013 16.D.3. Property. Borrower shell 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 Lenders security interest. Borrower may cure such a default and reinstate,es provided In paragraph 16,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 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 ban evidenced by the Note,Including,but not limited to,representations concerning Borrowers occupancy of the Property es 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. 7. Protection of Lender's 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 fights In the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever Is necessary to protect the value of the Property and Lender's rights In the Property. Lenders atdions may include paying any some secured by a lien which has priority over this Security Instrument,appearing In court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shell become additional debt of Borrower secured by this Security Instrument. Unless Borrower end Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shell 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 mortgege insurance previously in effect,at 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 Lander each month a sum equal to one-twelfth of the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the ponied that Lender requires)provided by an insurer approved by Lender again becomes available end 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 arty written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon end 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.sec red by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial takin oLtp In which the fek market value of the Property immediately before the taking is equal to or greeter than the amount of t�jjez� -.8.A4� r d'�ry hi.Sokurity Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the surge se ••.••• . - yu •,nt shalt be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total emoupt g(1fS6 •ms secured irn -777 • lore the taking,divided by(b)the fair market value of the Property immediately before the taking. Anyle1ttocr'shall be paid to Borrower. rlr •a�(e nt of a partial taking of the Property in which the fair market value of the Property immediately lye tore less than the amountspf tIre\sums secured immediately for the taking, unless Borrower and Lender otherwise agree inirriti or Aeepp ..:• - • rwise OmvIdea,the proceeds shall be applied to the sums secured by this Security Instrument whether or of the sums are _age Unless ender arid Borrower otherwise agree in writing,any application of proceeds to principal shall note end• -• •. mitts referred to in paragraphs 1 or change the amount of such payments. ' 1 11. Borrower Not Released,Forts ran. B Len•sr 0 e Iv retxt. ai• M e e for payment or modification of amortization of the sums secured by this Secu tale ■•iq;;pi• ell• „y;f_to an r,u •- ri Interest of Borrower shall not operate to release the liability of the original Borrower or:•,• ea successors hint ,Londe,shat tea•. required to commence proceedings against any successor in interest or refuse to e '•• for payment or othe •tined apt.' :tion of the aunts secured by this Security Instrument by reason of any demand made by . I Borrower or Bo • • • pr '.crest. Any forbearance by Lender ir, exercising any right or remedy shall not be a wsi •reolude the exercise of• lilt• , . edy, 12. Successors and Assigns Bound;J J. . ••kaveral Liability;Co-Si I1 . e covenants and agreements of this Security Instrument shall bind and benefit the successors and nder end Bo h r ct to the Provisions of paragraph 17. Borrower's covenants and a• •. .le- ce t-ill • cal, Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing r • • ly to mortgage,grant and convey that Borrowers interest in the Property under the terms of this Security Instrument;(b)is no • ,. obligated to pay the sums secured by this Security Instrument; and(C)agrees that Lender end any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument Is SubieCt to a taw 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. 11, Notices. Any notice to Borrower provided for in Ills Security Instrument shall be given by delivering It or by mailing it by trot Gass 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 shell be given to Borrower or Lender when given as provided in this paragraph. 16. Governing Law;Severebility. 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 end 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 wetter consent,Lender may,et its option,require immediate payment in full of all sums secured by this Security Instrument. however,tits option shall not be exercised by Lender if exercise le 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 Borrower meete certain conditions,Borrower shell 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•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 the Security instrument,Lenders rights In the Properly and Borrowers obligation to pay the sums ss,, 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 accelerellon hed 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 thla 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 Servitor.Borrower will be given written notice of the change in accordance witn Packet Page-1677- / V 9/24/2013 16.D.3. • OR: 4447 PG: VIGO paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the addreea 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 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,orstorege 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 EnvIronmemal Lew of which Borrower has actual knowledge. If Borrower teems,or is notified by any governmental or regulatory authority,that any removal or other remedlatlon 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 shalt 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 dale specified in the notice may result in acceleration of the sums seared 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 dale 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 Inslntment by judicial proceeding. Lender shall be entitled to collect all experses Incurred in pursuing the remedies • provided in this paragraph 21,Including,but not limited t0,reasonable attorney's lees end 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 end agreements 01 each such rider shall be incorporated into and shell 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) 0 Adjustable Rate Rider ❑Rate Improvement Rider Condominium Rider L.�11 Graduated Payment Rider ❑1-4 Family Rider- \ ,1� C. [1 f �.. Second Home Rider ❑Balloon Rider ❑Biweekly P Ri er� etas rVd n' Development Rider ❑ Other(s)(specify SIGNING BELOW,Borrower accepts and agrees4o terms an yeti contal ed inithl Sec rity Instrument and In any rlder(s)executed by Borrower and recorded Signed,sealed and•:. 'mince of • . I / ))1 W tnesse1: 9 Iii/ (� .,te r nature, � ' Borrower y l l A ••a as Signature: WitneauS2: L .,z r:._ Signature: Signature: i • Aderess: 3 87 5 Everglade• Blvd x Naples, Florida 34 12 0 STATE OF FLORIDq COUNTY OF COLLIER I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Alba Vargas tome known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He!she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal In the County and State aforesaid this 1 7 • LI et / :20 C5. My Commission Expires: G -•r 7 -i I . Notary Public's:,nature (Seal) Note ��" .1 1-6/�h/ PETER J.L000HLIM Notary's l '11'CatHISSIOe t DD 103281 • ENP. ES Sio!erroer 17.2011 13:444 ficZw Navy sew., Filefl: 09-110 Packet Page-1678- 9/24/2013 16.D.3. • • • Exhibit A The North 75 Feet of the South ISO of the Tract 126 of GOLDEN GATE ESTATES UNIT NO.64,according to the Plat thereof as recorded in Plat Book 7,Page(s)64,of the Public Records of Collier County,Florida. Parcel Identification Number:39901960003 • YY� (Jcc )eT tz 0 File Number:08-8904 DoubleTlmee Packet Page-1679- 9/24/2013 16.D.3. SAP Back up for SHIP Payoffs for: Vicente Cruz Peter&Jacquelyn Fecik Alba Vargas Justin & Kayla Kessels F • RYPEP003 050 —Z/VEHDY i Layout Z/EENDY PEPEP003 Nancy—GL detail t. Object 8185 33258 SHIP FY13-16 I Cost Eleseat 361170 To 369603 FIFTH THIRD 0/N TNT... ? Posting Date 06/01/2013 To 08/31/2013 i; I Fund WES Bent Cost Elem. Post;Date':! Val/COArea City Name RSfDodlo Document Header Text 791 33258.1 361170 07/31/2013 15.95- 07113 FEth Thad Interest 100628401 Fifth Third Interest 361170 15.95- 791 33150.I 361180 07/31/2013 939.72- 07/31/13 Custodal Interest 100628400 Custodial Interest I_ 361180 a • 939.72- 791 33258.1 369500 07/19/2013 8,423.14, SHIP LOAN REPAY-ROWLAND,JOHN 1 n5-021 100625106 SHIP LOAN REPAYMENT 791 33258.1 08119/2013 6.16932- SHIP IF PAYOFF-MARTINEZ,FELICIANO&SOFIA -100629801 SHIP IMPACT IF PAYOFF -'.791 3325&1 07/1012813 7,698.82- SHIP IF-KIMBERLY MURRY#02.054-ff 100623881 SHORT SALE&SHIP l791 33258.1 4,170.00- Red 100623881 SHIP PAYOFF-JORGE L.REYES tr09-069 100625083 Red 203775 SHIP Payoff 791 33258.1 07/31/2013 1 4180.00- SHIP LOAN PAYOFF-VARGAS ALGA 009.110 100627318 SHIP 1 791 33258.1 08/09/2013 ✓ S,080,00- SHIP LOAM PAY-OFF JUST/N&KAYLA KESSEL#134945 100628736 SHIP SHORT SALE&PAYOFF 791 33258.1 07/1012013 5,000.00- SHIP REP-RIMEERLY MURRAY#02-209 100623881 SHORT SALE&SHIP 791 33258.1 07/31/2013 „/ 5,000.00- SHIP LOAN REP-MHZ,VICENTE 100627318 SHIP 791 33258.1 2.500.00- SHIP LOAN PAYOFF-FECIK,PETER&lACQUELYN#99.035 100627318 SHIP 369600. a • 48,231.48- _.. __.. _... Packet Page-1680-