Agenda 07/26/2011 Item #16D157/26/2011 Item 16.D.15.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign one (1) Mortgage and Note
Modification Agreement for Single Family Rehabilitation to reconcile the total funds disbursed on
previously recorded security instruments.
OBJECTIVE: To approve and authorize the Chairman to sign one (1) Mortgage and Note Modification
Agreement for Single Family Rehabilitation to reconcile the total funds disbursed on previously recorded
security instruments.
CONSIDERATIONS: Income qualified participants in the Single Family Rehabilitation program must
sign a second mortgage and promissory note prior to any work being performed on their home. The
purpose of this process is to ensure the County's financial investment in the project is protected. Upon
completion of the rehabilitation, Housing, Human and Veteran Services determines the total
disbursements on each project. Oftentimes the total disbursements are less than the amount awarded and
secured by the recorded security instrument. In order to ensure that the public records and recipient files
accurately reflect the total disbursement per project, staff recommends approval of the attached Mortgage
and Note Modification Agreements.
Approval of this item will reconcile the following:
Applicant(s)
Fill—
e Number
Mortgage Final Project Mortgage and Note
Amount
Expenditures Being Modified
RanulfoVasquez JrandTammy
L. Vas
_Recorded
9 -031R
$15,000.00 $]2,100.00 OR Book: 4478,
uez
PG: 2476
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient. This item requires a majority vote. — JBW
STAFF RECOMMENDATION: To approve and authorize the Chairman to sign one (1) Mortgage and
Note Modification Agreement for Single Family Rehabilitation to reconcile the total funds disbursed on
previously recorded security instruments.
PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services
Packet Page -2178-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.15.
7/26/2011 Item 16.D.15.
Item Summary: Recommendation to approve and authorize the Chairman to sign one (1)
Mortgage and Note Modification Agreement for Single Family Rehabilitation to reconcile the
total funds disbursed on previously recorded security instruments.
Meeting Date: 7/26/2011
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor, Housing, Human & Veteran Services
7/5/2011 10:25:03 AM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Services
Name: DoriaPriscilla
7/5/2011 10:25:05 AM
Approved By
Name: KrumbineMarcy
Title: Director - Housing & Human Services,Housing, Human & Veteran Services
Date: 7/5/2011 11:04:03 AM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 7/6/2011 8:19:35 AM
Name: RamseyFrank
Title: Manager, Housing, Human and Veteran Services
Date: 7/6/2011 11:05:38 AM
Name: RamseyMarla
Title: Administrator, Public Services
Packet Page -2179-
Date: 7/15/2011 11:26:18 AM
7/26/2011 Item 16.D.15.
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 7/15/2011 3:43:38 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/15/2011 4:07:45 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Off ce of Management & Budget
Date: 7/19/2011 10:39:32 AM
Name: Pricel-en
Title: Administrator - Administrative Services,
Date: 7 /19/2011 10:54:23 AM
Packet Page -2180-
7/26/2011 Item 16.D.15.
Prepared by and return to.
Priscilla Doria
Housing, Human and Veteran Services
3339 E. Tamiami Trail, #211
Naples, FL 34112
MORTGAGE AND NOTE MODIFICATION AGREEMENT
t THIS IS a Mortgage a d Note Modification Agreement, made effective as of the
p S day of /� (L r by and between Ranulfo Vasquez Jr. & Tammy L.
Vasquez, hereinafte called `Horrower" and the Collier County, hereinafter called "Lender."
WITNESSETH:
In consideration of the mutual covenants contained herein, the Borrower and the Lender
agree that:
1. Promissory Note and Mortgage. Borrower has given to Lender, a promissory
note and mortgage dated July 24, 2009 filed August 4, 2009 and recorded in O.R. Book 4478,
Page 2476, in the Public Records of Collier County, Florida, collectively referred to hereinafter
as the "Loan Documents" encumbering the following described real property (the "Property"):
More particularly described as: Mission Village, Unit Two, lot 16, OR 1975, PG
2023, Public Records of Collier County, Florida. Folio # 60205005303
Borrower warrants that it is the present owner in fee simple of the Property. Lender
warrants that it is the present owner and holder of said note and mortgage and that no judgment
liens have been recorded on the Property subsequent to the Mortgage being recorded. Both
parties warrant they have good right and authority to enter into the Mortgage and Note
Modification Agreement.
2. Status of Payments. Presently no payments are required under the Loan
Documents and the mortgage and promissory note are not in default.
3. Modification. In consideration of the mutual covenants herein and other good
and valuable considerations, the parties agree that said promissory note and mortgage are
modified as follows:
(a) The principal balance of the promissory note is now $12,100.00, which shall
be at the rate of zero percent per annum.
(b) No Payments are required as long as the Borrower does not sell, refinance or
lose the Homestead Exemption on the Property.
Documentary Stamp Tax and Intangible Tax were paid on the original Mortgage in the amount
of $15,000.00, recorded in Official Records Book, 4478, Page 2476, Public Records of Collier
County, Florida, This Mortgage and Note modification does not increase the amount of the
mortgage.
Packet Page -2181-
7/26/2011 Item 16.D.15.
4. Other Terms. Notwithstanding anything to the contrary herein or in the Renewal
Note or Mortgage, the lien and operation of the Mortgage shall continue in full force and effect
except as modified by this Agreement. All other terms of said Loan Documents remain
unchanged.
5. Compliance, The Borrower covenants and agrees to perform, comply with, and
abide by each and every one of the provisions of the Loan Documents, as modified hereby.
6. Agreement Binding. This Agreement shall be binding upon and inure to the
benefit of the heirs, legal representatives, and assigns of the Borrower and to the successors and
assigns of the Lender.
7. The Borrower and Lender agree that this Agreement shall not constitute a notation
of the Mortgage and Note and shall in no way adversely affect the lien priority of the Note and
Mortgage nor shall be constructed to be a release in whole or in part of the Note and Mortgage,
and that except as specifically modified herein, the Mortgage and note shall remain unchanged
and will continue in full force and effect.
In Witness Whereof, the parties have caused this Agreement to be executed as of the
date first above written.
DATED this , �1
�J _day of
Signed, sealed, and delivered
in the presence of
Borrower: Co Borrower:
Ranulfo asquez Tammy L. V&quez
Witness
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING instrument was acknowledged before me this _ day
Of, 2010, by Ranulfo Vasquez Jr. and Tammy L. Vasquez, who is _X
personally known to me or who has produced 7
as identificatiQp ...........................................
PRISCILLA DORIA
(SEAL) "" . °y`, Comm #DD0891636 r �
Expires 5/20/2013 1 Notary
Publig�
Fonda Notary Man., InC . J
........ ................. ..: Name:
Documentary Stamp Tax and Intangible Tax were paid on the original Mortgage in the amount
of $15,000.00, recorded in Official Records Book, 4478, Page 2476, Public Records of Collier
County, Florida. This Mortgage and Note modification does not increase the amount of the
mortgage.
Packet Page -2182-
Lender:
Collier County
Attest:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form
and legal sufficiency:
Jenm B. White
Assistant County Attorney
10 -IMP- 00085/2
Documentary Stamp Tax and Intangible Ta7
of $15,000.00, recorded in Official Records
County, Florida. This Mortgage and Note
mortgage.
7/26/2011 Item 16.D.15.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
FRED W. COYLE, CHAIRMAN
Recommend Approval:
Jarcylk�r–u—mbinc, PA
Director
Housing, Human & Veteran Services
were paid on the original Mortgage in the amount
Book, 4478, Page 2476, Public Records of Collier
modification does not increase the amount of the
Packet Page -2183-
7/26/2011 Item 16.D.15.
Coen Cvranty
COLLIER COUNTY HOUSING, HUMAN & VETERAN SERVICES
3339 E. Tamiami Trail, Bldg H # 211, Naples, FI 34112
Client Name: Ranulfo & Tammy Vasquez
700 Habitat Center Immokalee, FL 34142
File # 09 -031 R SHIP GRANT
ob as ' ' n
General Contractor
AmouM ` <-
Central AC
Sande's Cooling
$5,100.00
Minor Electrical
Labelle Homes
$1,800.00
Water Heater
Labelle Homes
$500.00
Kitchen Complete
Labelle Homes
$4,700.00
Total
Collier County Government
Residential Rehabilitation Program
Housing, Human and Veteran Services Department
Phone: 239 252- HOME (4663)
www.colliergov.net/housin-q
Packet Page -2184-
INSTR 4326737 OR 4478 PG 2476 RECORDED 8/4/2009 10:14 AM PAGES 3 7/26/2011 Item 16.D.15.
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC41.35 SS2.50 REC 527.00
CHILD 515,000.00 OBLI 50.00
roam 0
SECOND MORTGAGE
THIS SECOND MORTGAGE C -S.wmy ahm" menP9 t given on Aday ofT 2003
The Second Mortgagor Is:
18aulfo Vasquez Jr. 6 Tenet' L. Vasquez, a married couple
('Bertw.ery. Thin Becmly lm[mmeM is given to Collier County (Render), which jSC mmpmmm,mislinp
34411 the laws dtM Unisid $tor dNpenos,antl whweadd msb3301 E. Tamiami Trial 0211 Na lee Florida
3 {112. Bartower owes Lentlerthe sum e/ !Sloan Thousand Dollars (U.S.f 15,000.00). Thk,debtbsvidwcedbl
BorroweM1 Nde data0lhs lams dab ea cold Sewrlry Imtrumanl ("Second MortOpe"), which provides for month)
debt S not yid crier, due and payable on Bala of eraparty, rein Ypeymerds, with realm
eaaaorti=. This Security lnsnment recur; to Lendac a the repayment i f h t d
(1 of the debt ev4eneed by the Note wim Interest aM all
rwwmWs, aatnalom and modifications( b) me paymentof all olnerwms, with Interest advanced under yrpmph 74 p am M,m,Wrjh,f
the Ssamylmlmm" and (c) the performance of Embowers mvenards and agreements underthla SeoaBylmtrummnt and the NOR. For
INS purpose, Senowerd"m hereby second mortgage, gram and Cow to Lendarthe follow)
County Florid*, eY race described property bwletl In Collier
Mon paremutrly described as: MIS30N VILLAOE, UNIT TWO, LOT 18, OR 1B7e PG 2023, PUBLIC RECORDS OF COWER
COVNTY, FLORIDA.
FOLIO a 80206005303
and which has the address of
(" Property Addraes'):
roptes, mnenl, oil ante ages nghd and �Ib,nmterDa endcerereGed onthep any, nd all easements, rgho, appurtenances. nnb,
ndlg mum n w or meaMr a pen of the properly. The Seventy
Inatrurt4snshallalso weer all replaceman an atl0itiOng. fowol is re b dW this Security Instrument as the "Property'.
BORROWER COVENT ., Bo 0 yw yed and has me light to mortgage, grant
aM convey pie Piney rod that ma Pro ripe u n pre p r nc s of cord, Borrower wavanb sntl will defentl
generally the ode o the Property a0elnat II G m rid pre n cob n s of racers,
THIS SECURITY turno uINSTRUME b natb 1 lham covenants with lmfbtl vanaoon by
Jmisdialon b Constitute a uniform sew ream ewering net prop
UNIFORM COVENANT$. Bo Lentler CoVensm sntl• es i
1. Payment of Pranced by the repeymentend Lad r shell Promptly pay when due the principal of
and insiresl on me Debt evidenced by them 1
2. Texas. The Mortpperwill pry all J�esmsrrta, vevnrrcnt ,yA`tA teapnorbNearzr.I a pamaa,.m,mmm
thereon.
The Mortgagor Shall pay or cause to bey ttad�qe_s�S� etlue,(AJ(1)all taxes and gwemmemal Charges of
any kind whatsoever rvlch may at my time be imposed y e o�M�(t(ags not or with respec to the Property, (2) all Wilily and other
PMrget and itasoeement,oIowrtedor mformeepos on, mrntenance, use. Occupancy, upkeep and improvement of the
Property , err (3) all asbesment or omen governmental charges Thal mry lawfully be Paid in Installments over a Period of years, the
Mopage Shall be obligated underline Mortgage opayor nose W be paid only suCh Installment as are requires lobe paid during limerm
of the Mons", and shelf promptly after the payment of any of the foregoing, forward to Mongdgee evidence of Such payment.
3. APPBesOOP Of Payment. Unless applicable law provides otherwise, all payment n4myed by Lender Shell de applied; first to
Interest due; and, to PnuGpal due; and last fag arty late charges due Under the Nat.
4, Charges: Went, Borrower Nell Pay all tease, sswasmend, charges, fines and impositions attributable W the property which
may attain priority overfills Security instrument and lessehdd payment wground rams, Nary. Sorroversmilpromptlyfumish to Lentler
all rOtim of ameums t0 be paid under he peregraph, and ati race pts evidencing the payment.
thermal Nall promptly discharge any lien which has priority war this Security Instrument unions Borrower (a) agree. In writingo
the psymentof the obligation secured bythe Ion In a manneracceptablel to Lender (b) consists in mood faith ma Iiem H. ,,r.a46 i.e_
via—una Ci me ion an agreement satisfactory imay Lender wboMinating the lien to mis Sewny, Instrument If LaMar dele4mines that and
Oars dl" Property is albjeG to a lien. which may etraln ptloray overme Secunty Instrument , Lender may give florrwer a notice Idemilying
motion. 80r ower shall eetisy the linen or take one m mare of the amaons sat forth above withm 10 days of the giving of notion,
5. Nazerd or Property Insurance. Borrower shell keep the Improvement now existing or hereafterem,nd ontha Property
Inured against loss "m. hazards Included within the tern "artended coverage^ and any omen hazards, including floods or flooding, lm
which Lender rewbes Insurance. This Insurance shall be m t airramed in the amounts and for the Periods that Lander requires. The
Insomniacs tanner proWdhg me Insurance Shall be Chosen by Bonewer wbleG to Lender's approval, which Shall not On umeasonsty
wimhafd. NBonowm falls to m umin Covered. described above, Lender may, at Lender, option, obtain wversy to protect LeMaM1 nphb
In the Property n accordance with paragraph 7, At all times mat me Hob is oUbtndmi; me Morge bt.in c shall maintain Insurance a wire rasped
to the PremteS against such risks and forauch amounts as an dualemarily insured ageimt and pay, as the same become tlpe and payable,
all Premiums In respect tlxreto, including, but not limited W, allalak Insurance protecting me interest of the Mortgagor and Mortgagee
e9mrst lose m damage 10 the Pnmises by fire and other casualties customarily insured against (including Polar explosion, If
^pprpprista), With nt . uniform Standard extended coverage endorseme Including debris nuri Coverage. Such insurance at all times W be
an amount not au then the full replacement Cast of the Promises. exclusive of footings and foundations.
All lmumnw Policies aM renewal. shall beacnpbte W Lender and Nall include a StMdrd mortgage Claude. Lendershallhave
Me right to hold the poldeB and renewals. If Lander requires, Bonowor Nall PmmpOy give W Lender all receipt of paid premiums and nnowtlnotlwa. Inthrm ill Of low, Borrower shall give Prompt notice to the insurance miner and Lander Lendermaymeke prodoll"S
B not made promptly, by Borower.
Unless Lenderand Bonpwarotherwise agree Inwming, Imumnce proceeds shall be applied to nstorationorrepair ofine Property
damaged, N the restoration or repair is economically feasible and Lenders security is not Iessemd. B the restoration or refill IS not
eCorgmlospysiaalble or. Lendernecurity would be lessened, the insurance Proceeds shall be applied to the sums secured by the Security
Imtreman, whether or rot men due, with arty, exceed paid b Borrower. If Borrower abandons the Property, m does not answer within 30
days a fstlm from LeMp that them-Wence Carrier has offered to settle a Claim, then Lender may cdtct the inwnncaproraeds Lander
may me the premeds b repair or neon the Property or to pry sumo Secured by this Sewny Instrument. whether or not men due. The30.
day permit oral begin when the notion Is mailed- Union Lender and Borrower otherwise agree in wrong, any emli®Gon of proceeds to
Principal shall not e4eM or postpone the due data of the monthly payment ratrrod to In paragraph 1 or change the amount of the
payments. If under paragraph 21 the Property Is rMulred by Lander. Sormaers right to any Insurance polices and proceeds resulting from
damage tot" Pno arlyphortothe acquisition Shall pass to LeMarto me a4emofUw sums secured bytht Sewmylmfrument Immadis ily
On- W We acquisition.
,.mad. Packet Page -2185-
OR 4478 PG 2477
roar o
7/26/2011 Item 16.D.15.
0. Occupancy, Preservation, Maintenance and Protection of the property; Borrower's Loan ApplicaMn, Laneholds.
Borrower shall ocwpy, establish, and we tiro Property-- Berrtwme. principal nebence within ehtytlew.&n Me aewcomillhk Security
Instrument and shall continue to cowl the property as Borrowers Principal residence for at least ton year after the data of occupancy,
unless tender 0tMn agrees In writhq, which cement shall not be unreasonably withheld, or unless axtenumfirg circumstances exist
Achembeyond BOrewarscodrol. BonawrshatlnW tlxtroY tlamage ar krgW the AOpaMalfo"Ura PmpaMfo McMrate, ormrmnal
wub on MS Pro "M. Benovershall be In default If any fodeltum motion or prOare0ing, whether civil or criminal, is begun that In Lenders
good faith judgment =10 Mutt in forfeiture of the PropeM 01 atMmbe materially Impair he Ilan cmeted by this Sawrly Instrument or
Lendehnwrityl"ra Bortvwer may cure such a default and ronahl as provided in mmgmph 10, by causing Me motion or proceeding
W be canniest with a &ling that In Lenders good faith Wbnmhaben, pmcludes foMitun of ote Stoneware bWeslir the property or other
material lmpoimene orate lion creates by We Security Instrument or Lenders "curtly Interest Schoweratrag also be lndefouth RBCnewer,
during the ten mppliafon procass, gaw moNraly bide or Ina=urate Info"oton or statements io lender(ortailedoprovide UndlerwlM
any materiel Informalbn) In connection what are lean evidenced by Me Nab, Including, but not limited lo, rspmaenta0ons concerning
BorrMwhoawpmryatthe PropeM saaprintlpel property, oMk SeousylnsWmaM ls0nba"hoo,9oerger ihalemor.g lM
p e merger of tine bus, R BorroneracquiM tae Utle o Ulm PropaM, the bassMki eat He tea this atoll not merge ucbu Lanceregren fo
Ue megsr In wrNrq.
7.Prabetlorof Is ale Righbstat Property. I/BCrcawe/ falls to rd.ra Me wwnhe and agreements a proceeding Ingin
Security Imbumele for Men h ul kosl forecasting Mat may slpnMnntty glad Larders Undo In the PropeM (each u a is necessary
o right, bankruptcy, protein predate,f the property and Lenders ndetlun anforcer Plawsor rendersm),once Ley Include aysurn winnower vi my a•ery
oprotect tat wee of Shia Property endtencera rtghts gIn PropeM, Lendersaa0nsmryInciucendent any shim "cuedby• mks
whitshaspodgy War rer bawdy Inlan nde appealing In tfuM1prying oeatnableesOmoyto. M amounts din 1M by make
rapper.ANph 7s Leddermay teke clan under Borparagraphshlby this unalMwmenso. MY amounts tli•Mnatl oY Lenceruntler
ter sof praph7shWma mound stionat debt or' infralrhe data by this Security matstrumam UNass BOnoweraya leMerapnest ether
terms ofom Le nt. Me" amounts que tort aymen from the clefs of tlbbunementat Me Nob rate and eMn be payable, with interest open
notice from Lender fo e Insum requesting payment
g. Mmtgega alt Pay Me If Larder required to maintain Insurance as a condition of mating the loan y m and by this Seedy
Instrument, Borrower iquin pay Ma premiums required o to be In ffer mortgage r shall insurance In e1preL IL for any reason, tat mortgage
iuunnm cy equivalent nt SO the by Littler lsp"a mean b be In aned Borrower atoll pay Me premiums required me tt chain Borrower er of me
m mortgage y equNat IS o the morgega f.n Insurance pravious eRsq,y �_ -cost suMbey Lender. If ant ti the met b Biant ma ig Me
mortgage Ievance pnvioutly In Bred, from sn albryrya {{rri�� p metl by Lender. II substantially aquivabnt mentpape
Insunnm covenpehrotawilable , Bormwerehall f»Arek>Of.ii seal cone -behfh of Me yearly mortgage Insurance
premium Mho paid byBnowerwhen the lsu S� g6go lapsed or. effect Lenderwill accept use and retain theme
payments as a lass made" in lieu of morgag m. Lcea roserw payme k o longer be required at the salon of Lender. If
nerve, um tat nqusament for morn; Ins in eat • an= harry n rsement Mhveen Borrower and Mmbr or
applicable law. /
B. Inspection. Larder or me gem e e d ins ONE ns Of the Property. Lender shall giro
Burrower nolltf at the time of or prier to no ns n he m e r Ins cdon.
10. Condemnation. The f t d g . Ike( or consequential, In connection with any
condemnabonorotherbkbgofenypN ,orb nw Iteu n, are hoabysssigred and shod] the pabto
Lancer. In lheewmola blsl teking ollhe ,thepromece shag be $*of me Small0ythis Security lnsbunan uirl
or not Men des, will aM excess paid to B In ate sent of • pm operty, in which Me fair market value of tat
PropeM immediately before the bkhg is eq ruler than the smoun cured by him Security lnatmmnt Immediately
before the taking, union Sommer and Lender s agrse in writing, the s by this Security lstrumerU Shell be reduced by
the amount of the pratfall multiplied by the loll n: (a) We to a sums "Cured immediately before Me taking,
drilled by (a) Me fair market vale of PropeM I Ihh. belana shall be paid to Scrawl in the event ore
partial takkq of the PropeM in which One fair market wl rely before to taking is tau mantra amount of the sums
Secured bnrnedbbly Who taking, unless BOnower and a ogres hwini or union applicable law Otherwise pay s, tat
promees sns0 be appYd to the sums secured by MIS Security Instrument whether or not the soma an then it". Unless Lender and
Borrower otherwise agree In wrong. any application of premeds to principal shall not extend or postpone Me due data of the mommy
payments Harrod M In paragraphs i or change Me amount of such payment,
11. Bement Not Released, Forbearance By Lando, Not a Waiver. Extension of the thin for payment or modification of
amortization Who aume "wretl bythla Security Imbumen granted by lenderb any successor in Interest of Borrower shall not omlmeto
rob•" them liability of Ma original Borrower or Borrowers sucees"n in lnlemst Lender shall not be required to commence pr0ceedings
against arty successor in inbml or refuse to esbrd time for payment or otherwise mod"moNZStion of Me sums secured by this Sew"
Instrument by Mfan of any demand made by the original Serowe, or Borrowers successor M IMML Any forbearance by Lander In
exenci ing eat right or remedy shall not be a waiver of or preclude Me a "rcise of any fight or rowdy.
12. Suemuen antl Assigns Bound; Joint and Sewnl Llall CoSignen, The comments and agreements of this Sewny
Instrument shall bits and berofit the successor, and assigns at Lender and Borrower, subject to the ProMSions of paragraph 17. Borrowers
covemaM and agnementb Shag Mjoint and sewrol. AM Bons rwho co-sigmthlsSecumylnstrument but does not execute Me No*, (a)
h co-signing the Sewey Instrument ray to mortgage, grant and convey Met lionoamrs tntemt In the Property under the forms of this
Securityy hsimmnt (b) M rot panenslly obligated o pay tat sums "wnd by this Security instrument and (c) agrees Mat Under and any
other Under may a" So extend, modify, forbear or make any accprmedegam with regard omebme of MIS Security Instrument or Me
Note wkhod Mat Berrpesrs consent.
IS. Lon Charges. If the loan secured by this Security Instrument Is subject to a low which soft muhnum loan charges, and Mat
law is finally interpreted ao that the IMre•l or other ion charges collected or to be colledeO In connection with the Icon eased the pemrMed
limits, Men: (a) any such ban change Mall M roduostl by he amount Mannerly to reduce its charge to the permitted limit; eat IN) any sums
almady mMced from Bemeser which handed permitted lnM will be refundeEfo BOmaner. Lender may choose to make the refund by
reducing the principal a tl under We Nate or by making a direct payment to Borrower. If a refund mtlutfe principal, Me reduction will be
treated as a partial p ym.M without any propsymort charge under the Nola.
14. Not "s. Any notice o Borrower Moulded for in this Security Insimment•ton be gtwn by delivering it or by moiling It by film
Gam mall ucb" applicable law reduced use of another method. The notice shall be directed he Me property Address or any othereddrem
BorMer designates by holm to Lender. AM no}Itf o Lander shall be given 10 Borrower or Lender when gNmn as provided In this
paragraph.
ta. Governing Law; S"enbility. Federal law and the law of the jurisdiction In which the PropeM is located shall gown this
Security Msmenent In the event that any provision or clause of Met Security Instrument or Me Note connidA with applicable lax, such
conflict shah hits ofeU Omer provisions of MIS Sewny, Instrument or the Note which an be given eNacl without Me conniving provision. To
MI. and Me proNSiona of MIS Saourity Instrument and are Note are occurred to be favorable.
if. Somwefk Copy. Borrwer Shall be given am eonfomned copy of the NOW and of MIS Security Instrvni
17. Tnnsf rMm. Propertyors BanegcblIntereatin Borrower. hall or any profthe property oreat interest in It is sold or
transferred (or No MneAciat interest in Bortower b sold or transferred and Soman er Ie not a natural person) without Lendeh prior wlmn
consent. Lender may, Of No option, mouine immediate payment In full of all sum secured by Mis Seedy Instrument Howwar, lencershall
not ... hoss Mk opaon IN federal law ee of the date of MIS Seedy Instrument prohibits exeroka. If Under exercised the option, Lender
shall giro Somo fornogtf of accaleeson. The notice Mall pmvite a panod of not less than 30 days Iron thadate the notice is deliand or
mailed within which Bdmwer must pry all sums seoCurod by Mi. Security Instrument If Birch or fails to pay the" Sums prior fo Me
expiration of this period, Lander may Invoke any mmedies pemnlMd by this Sewny, Instrument without fuller notice of demand on
Borrower.
.. .d.v,
Packet Page -2186-
e`• OR 4478 PG 2478 +e+
70,01 0
IS. Barn
this Security Imour
relnabtemeM) bark
Sinkiang this San91
instrument and Me
eapmses incurred li
LenOermaymaann
Pay IM sums sawn
the oblvobon. goes,
In the cede of acrwk
W no &Car his., had
7/26/2011 Item 16.D.15.
Bomawer Imu
Howevar, this light to reinsbteshatl not appry
rte or was; change a/Loan Serwkar. no Nok are paNal inleestin the Note 00getherwllh We SacurNy, In trummii)mey
b" ft one odor, genes without Prior notice k Borten, Aask, mayresultin• Mange in the entity (known as Me"LOan SaMeer) that
coblins MOOMb Wyrneds duo Under the Note and this Security instrument Them also may bs one ormore chmpe of the Loon Servicer
unmlabd to aaale of Ma Note. If them is • charge of the Loon Samicer, Borrower will be gluon written m ic, qua change M socemence
with paragraph 14 and applicable law, The notice wig sob the name and addreaa If Me new Loan Sarvirar and the address W which
paymenta should be made. The nOtim will else Contain any other Information Mill by applicable mw.
3g. NaardpW Subsomaa. Bartpeer shag "Of Cause or permN Me Presence, use, disposal. storage. or release of any
Heartlous SubWnceson orintie Profxny. Borrower shall net do, nor allow anyone beer to do, anything affecting Me Property Mat is
vroWorofe"E"Inews InMl Lew, The Preceding two Saneness Shop not apply W Me Presence, me, orstarage an Me Popertygsmall
quantities of Haardou, Substances that am garraMly rempnizad to be appreplsta to normal Miasmal coq an to mainbnanen of the
Plaperty. earrownrshaO promptly pile Larder wrhlm no6u far any Inmaspatlon, claim, demand, IawauitaroMe9etlon byarrygelemmeMal
ar mgisaory party or Private party Involving the Procal and anv
•f- ^•r- •subsume nmlaoua supabnue "are Mau tubatanoss call a tart or lmxerdaua substances
by Errv'vonmeMal Law aIM Ma idbwin ➢Substances: gasoline semsene, anr,, nommobs ar fairs: pevoeum produm. taac Peaaddas Old
herbicides, Volans aoNisma, mabfbta COntalrkng asbeSlos or formaldehyde, and radi achm mabnsls. As used In Ns Paragraph 20,
"Environmental Lev' mans federal laws and laws of the jurisdiction "a, the Planarity is loceletl Mat ,aloe to health, eabry or
envionmenbipml.",
21. Accale On: Romedles. Under shall give 0p➢pa.q.gpgpeer Prior b accelarelion following Borrowers one of any
covenant or egreemeMin this Security Instrument (b
Wheless). TrianotlroaMlls d Method etau n under p. graph 17 unless appliubs law provides
Pe ly' default; (:)• data not lees than 30 days from Me data
ins notm is Chian Barowar, by which the Curetl;and (tlIt CUM thedetault onorbefaalhe note speciaedln
Na notce may rotup Inaccgeragon W Ma s s b seam by Judicial Proceeding end sob of the
Property. The notice aaall fuller inform B V by ihle Securi Insbu
M b min late after a b bit end the right n aaert in ds foreclosure
before hethe s SNCMW in of a notice or ny a r ems O
before Me data speufieri in the notice, Le 1 Ito 0 o Met, n e in full Of an 11 1secure Is not curedcu or
InaWmanwithoudfurMardemantlandm to wirem tliabp qtInfull Lail$ums secured M(WSSewras
expensesincumdMpulauingtheraredl s d In I oUPOmp. Lander shell be engtledo collaq as
of Me fine evident. p n n pith had fo, nmeneble atlameya fees Intl COW
22. Releaaa. Upon payment of
f e Ian fa hall releaM this SealrylmbmtwgvMags,10BOrwar. Bmmets ellpey n
23. ARornsyW Fees. As WSW in cudtylnstrumenlendth e, no
by an appellW coal, (n� S "shailinclude any ailomeys'fees awarded
Rlden oMb 6ecuHylmW A
InaWmeMt, nt onemmoreldenan, awermdmcomedogetherwlNtlri3 Semnly p aagreements of
, trier shall be lnce
a91""MC If MIS SSOahy lnacumeM Sa if the dtle la a hall amen and supyoment Me ewenanb and
�rr•PartWMla rtly umnit (Check Applicable Box)
❑ Adiustable Res Rkder `Lli( �plrh in Ride ❑ Condominium Rider
❑
Graduated payment Rider ❑ 14 Family Rider ❑ Second Home Rider
❑ Bagoon Rider ❑ Brnakly Payment Rider ❑ Planned Unit Development Rider
❑ Other( -) (Specify
SIGNING BELOW, Borrower eccepb and agrees to the terms and cevenans Contained in Nis Security Instrument and in any nder(S)
executed by Sorrower sad recorded win, R
Signed sealed and di":fimmd In DMMe presence of
"Mmes SQUOU"y V '+L . .(q �y Signature:
i
�j Borrower Sae I b V Papa'
Witlreea Plitt Name: F.Iarfi. «C+ to +rt,S Si➢mtum., Ud
Borrower T L. Vas a
Willies Signorine:
Winners Print Nomal:vroi Ida I %64 Address: 700 Bab Stet CORM Cea
STATE OF FLORIDA lnaeokalee, PL 31142
COUNTY OF COLLIER
1 hereby celNylhat on this day, before me an oRicer duiy authorized In the ebb damsel and in Me count aforesaid W take
90knowtadgsmanb, personally appeared ,eculf0 Vaaauer Jr. a Tanar,, L V
to me known to be inn panon(S)
described in an who axacuted the roreganiq instrument and ecknOwledged befom me that HE/ SHEI 6Er ,eCwd the lama far Me
Purpua Merrell ewrassad.
WITNESS my hand an algcial seal In the COUnty and a aloreaaid Mis G1 ay of ",4 20�C_
My Commission E�irec �T�
N ry Pubhc'a Sign Nre
.... See %u«.«n. « «.m. «...««...m. «.
PWBCRta DORIA
Conroe ooca➢iew i NoWrye Plnbd Name
Eapkes SISM13
°h'a, NowyOson, ice IS
... 3
Packet Page -2187-
PROMISSORY NOTE
7/26/2011 Item 16.D.15.
Date:
Borrower: Raoul£o Vasquez Sr. and Taney L. Vasquez
700 Habitat Center Immokalea Florida 34142
( ?reperty Address) .City) :State) :Zlg)
BORROWER (S) PROMISE TO PAY: r
_ roadse t_ pay FIFTEEN THOUSAND DOLLARS
($15,000.00) ,thSs amount w_11 be ^a =led "cz'ir.cipaP') •.:0 the order of Collier County
or to any otaer holder of inis )note C.._ "Lender ") , whose address is 3301 E. Tamiami
Trail, Naples, Florida 34112. 1 /tie uraorstand -sat the Leader may transfer the Promisscry
Note. The Lender or anyone who takes tc iS Note by transfer and who is entitled to receive
n .,
payments under thfs Nore will be r_'_ ^_d the "Noce Y.cider°
INTEREST: - nterest o., _...s Note shall be zero Descent 10 %) Per a.^_^.nm; except t: ^.at if '/We
fail to nay this Note a required, the Interest rate sha`: be twelve Derce ^_t ;12}) per
.:.rum from the :ace who.^. Payment of ... ^,':e Note a dt:e until _ /We Day 4t
PAYMENTS: Principal payments shat' be deferred volt __ transfer of title, sale Of
property, ref ira:nce,. or 1 oss of homestead exemption, or until fi_'teen years from the
original mortgage date, whichever happens first. The recapture clause is as follows:
Days 1 through 1,215, 100% of the princ -pai amount is due, days 1,626 through 3,650,
66 -t of the principal amount is due, days 3,651 through 5,4 15, 33.4% of the princpal
amount is due and day 5,476 and a`tcr 0: of the principal amount will be due. These
amounts will not be pro-rated on a per diem basis. ?p; OUr total payment she" be U.S.
$15,000.00.
BORROWER'S RIGHT TO PREPAY: _; "vJE have tie r: gsc tc lake payments c_ _ncioa'_ at any Lime
,afore they ate ell. A pw.,C :a of .c_^.ai only -s know-' as a 'or,cavmsnt" Wflon 1 /We
-'.a'.Is a pr=epay".:., _,w-. __ to L_ e :Io :d- _n wr_ _ e that l!we am dc_ng
:/.e y make - . _Dee . ___ '^u .. c. 7lic _. be=er w :.'c e
of .y :- eca}rzeE' o rea ':.c o. _.pa_ t - owe nder tha Cote.
]'We make a p � 'l De c _ _n9es 'he a j- r _.
v monthly ea nt 'a:] _._ .__. _s o _ - ].moe = +We
Take a U1rt :2 J ' ?.- .'Ifle - ._r C- N ] �': A' .._ .. ).., ad. ^.E _n0 tG" or
wilt such prepaymiEr'.t
LOAN CHARGES. 7. as 1 , a_:pi. c._._T,m 'coon cllaecc,
__n_. __feu so taut tae _..____s- or cn_r - _.:arces oc__d or
cr�ectiop oar. c..,eeo _... ( ^mi .rd n--ts en tip such a. c ^s
2e
s"a c.,'_] r_ _- cd f..- ,..t ah ue--d pe m ,e s.] '_-1 to -led to
^c Fc .._a ^_r a _._.se n',e _.lad o) ..,_L']o Ce u_indpa as'_ .'We
cwe ... oe_ this N—,—.: cr by = _ ,: _ f a re -'-] _ a-lees
the __
SUBORDINATION n= 4 n n >.- .,'r:ie:i'• c -pe u,, .: _. _s __ .. " a .... £s
suh c..- :]fl to r. m i%d icne of
the e made
pursuant to -he __ _ .. _ :•y _ ., < a a,..__ _ h_ Pm-pose of ie)
._ r -a _ - ✓.,.r Pe;n,: - c -y
F-ret _ eo cf _ _, t cu �crv, '- _ f4. _nq r
ev _pp ^g -hr .c tc,r a ✓ _v_s :.,. :_ c _ e. .'_cd Of 7• ,=t are .,a amc...t:t
a,s ant s -„sc so o :.i -e ciscc ._
cf7 •- -_ •, ._. . -� _ _. ...,..
t'v use o` . _ . on=
res -.n? -
re� x ^ ^e +orrow s ti_ - c'twt
A ^.x x _ d - 0,
-_-"-_v D _n,
cte S 'v o -'n if t,sc :>S]-c -
irs fed of t s a - -e i' _.e - rop._ty -•"ee ant clear f om __ -h
res_r_c_lons.
ioOn Senior .__ s a.lu :. :J.' c`_ _ e :O.'. :.. tCa[ _. --he °no- as goer
written _ _ d c, t aid t )sues
a'e cu —1
BORROWER (S) FAILURE TO PAY AS REQUESTED
(A) Defa'_lt
'.f
1 /we do not ptz the fu -_. a__ _ y __ec _ Ee -t_on 3 ebove, liwe .411 be - cefault.
IE am in c t e .,_ may brier ..bout any o ,_ens r_t or n 'b:_ed by
ar,11 con le law _. _ '- g _.c Ne s cost and e.:aenseS as desc.xred -n
i3) bElow.
Packet Page -2188-
7/26/2011 Item 16.D.15.
(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 bac:c for all of its costs and expenses, including, but not limited to,
reasonable attorneys' fees.
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 mai:iag
it by first class mai_ to the Note Holder at the address stated in Section 3(A) or at a
different address if T /we have been given a notice of that different address.
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 rhinos. 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 Trade in this Note. The Note Holder may
enforce its rights under this Site 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 D chpnor" 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 protectio, given to the Note Folder 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 premises which T /we make is this Note. That Security Instrument describes how
and under what conditions I /we may be required to ma, . immediate payment in full of all
amounts I /we owe under this Note. Some of t:: ^ose conditions are described as follows:
_'ransfer 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 ins option, require immediate payment in full or all
sums secured by this Security Instrument. Powever, Lender shall not exercise this option
if federal law as of the date of this Security _nstrumcot prohibits exercise.
It 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 rihts to collect and apply the insurance proceeds
hereunder shall be subject and subordinate to the rights of the Senior I -an holder to
collect and apply such proceeds in accordance with the Firs- Deed of Trust.
12. This note is governed and construed in accordance with the Laws of the State of Florida
WITNESS THE HAND (S) AND SEAL (S) OF THE UNDERSIGNED.
v
(Seal)
Borrower Raulfyyo'Vasque .Jr.
(Seal)
Borrower Tammy L. V qu
RETDRN TO: Collier County Housing & Human Services
3301 E. Tamiami Trail Flag F. 4211
Naples, FL 341_2
Attn: Frank Ramsey
Phone: (239) 252 -5312 Fax: !239)252 -6542
Packet Page -2189-