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Agenda 09/22/2020 Item #16D 8 (Satisfaction of Mortgages)09/22/2020 16.D.8 EXECUTIVE SUMMARY Recommendation to approve and authorize the chairman to sign two (2) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of $20,500 and the associated Budget Amendment. OBJECTIVE: To support the affordability of housing in Collier County through the State Housing Initiatives Partnership (SHIP) down payment and emergency repair and/or rehabilitation assistance programs. CONSIDERATIONS: 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, and rehabilitation assistance to homeowners for rehabilitation to their homesteaded property. 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 and those that have been forgiven. As such, satisfaction of mortgages is required. File # Name Public Record Mortgage Amount Payoff Amount 01-291 Mariel Aguirre & Albertina Aguirre OR 2847/PG0608 $2,500 $2,500 05-070 Space Dimitrov & Nikolina Dimitrova OR 4094/PG3527 $18,000 $18,000 Total $20,500 $20,500 Approval of this Item will authorize the Chairman to sign the aforementioned satisfaction of mortgages and the executed document shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The repaid amount of $20,500 satisfies the payoff amount. These repayments are considered program income and have been deposited in SHIP Grant Fund (791), Project 33686. Deposited funds will be used for SHIP eligible activities. The Budget Amendment recognizes $20,500 in program income, of which five percent (5%) will be used as Administrative funds. Recording fees of $10 per Satisfaction of Mortgage have been paid by the homeowners. LEGAL CONSIDERATIONS: This Item is approved for form and legality and required a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: To approve and authorize the Chairman to sign two (2) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of $20,500 and approve the associated Budget Amendment. (Net Fiscal Impact $20,500) Prepared By: Lisa N. Carr, Senior Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1. SOM-Aguirre (PDF) 2. SOM-Dimitrova (PDF) Packet Pg. 1516 16.D.8 09/22/2020 3. Backup Docs SOM - Aguirre (PDF) 4. Backup Docs SOM - Dimitrov & Dimitrova (PDF) 5. SAP 09.22.20 $20,500 (PDF) Packet Pg. 1517 16.D.8 09/22/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.8 Doe ID: 13464 Item Summary: Recommendation to approve and authorize the chairman to sign two (2) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of $20,500 and the associated Budget Amendment. Meeting Date: 09/22/2020 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Lisa Carr 09/02/2020 3:43 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 09/02/2020 3:43 PM Approved By: Review: Community & Human Services Leslie Davis Additional Reviewer Community & Human Services Cormac Giblin Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Community & Human Services Maggie Lopez Additional Reviewer Operations & Veteran Services Kimberley Grant Level 1 Reviewer Public Services Department Todd Henry Level 1 Division Reviewer Grants Erica Robinson Level 2 Grants Review Public Services Department Steve Carnell Level 2 Division Administrator Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Ed Finn Additional Reviewer Grants Therese Stanley Additional Reviewer County Manager's Office Nick Casalanguida Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 09/03/2020 9:33 AM Completed 09/03/2020 12:50 PM Completed 09/03/2020 2:00 PM Completed 09/03/2020 2:11 PM Completed 09/03/2020 5:45 PM Completed 09/04/2020 10:06 AM Completed 09/08/2020 8:42 AM Completed 09/08/2020 11:25 AM Completed 09/09/2020 1:40 PM Completed 09/09/2020 1:46 PM Completed 09/09/2020 2:59 PM Completed 09/10/2020 5:07 PM Completed 09/11/2020 9:54 AM Completed 09/16/2020 8:36 AM 09/22/2020 9:00 AM Packet Pg. 1518 16.D.8.a Prepared by: Maria Aldana Collier County Community and Human Services 3339 E. Tamiami Trail Maples, 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 Mariel Aguirre & Albertina Aguirre to COLLIER COUNTY, dated June 15 2001 and recorded on June 22, 2001 in Official Records Boole 2847 Pau 0608 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 satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Count to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on , Agenda Item Number ATTEST: CRYSTAL K. KINZEL, CLERK , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN E r Q s" Packet Pg. 1519 Prepared by: Maria Aldana Collier County Community and Human 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 Space Dimitrov & Nikolina Dimaitrova to COLLIER COUNTY, dated August 22, 2006 and recorded on Aueust 25, 2006 in Official Records Boo]( 4094 Pate 3527 of the Public Records of Collier County, sum of securing a principal suof $ i8,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. ICOLLIER COUNTY hereby acknowledges 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. 9 p This Satisfaction of Mortgage was approved by the Board of County Commissioners on , a _ Agenda Item Number rn co M r ATTEST: CRYSTAL K. KINZEL, CLERK , DEPUTY CLERIC Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney 01\ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN Packet Pg. 1520 1ti.D.8.c }F, IC', `s i 1(14::t=;�: crC.3 ?I'kl itw;llp CJ(ap"l1t71•t. niC f :-crvjoa-3 omion August 5, 2020 Julie Rosa Real Estate Processor ©mega Land Title, LLC 4075 Pine Ridge Rd, Suite 15 Naples, FL 34119 Re: Payoff Letter Marie] & Albertina Aguirre 5205 Holland St. Naples, Fl 34113 File 01-291 Mortgage Type Date Recorded OR Book/Page Total Amount Due Collier County SHIP Mortgage 6/22/2001 2847/0608 $2,500.00 No payment will be required until the property is sold, transferred, refinanced, no longer Homesteaded, or is no longer the primary residence of the homebuyer. At that time the balance of the loan is due and payable. Payment should be made to "Collier County Board of County Commissioners" and delivered to; Community & Human ,Services Division Attn: Lisa N. Carr- Payoff 3339 E. Tamiami Trail, Suite 211 Naples, FL 34112 Please include a separate=cheek in the amount of $1s 0.00 for each payoff amount made payable to: Collier County Board of County Commissioners for the cost of recording. Sincerely, Z&4 &, Lisa N. Carr Senior Grants Coordinator Flr.r, lea a2r. 2 R= ;7i7:ij 2°:?-2 F f 231?, ta` 'i:`r.:;t-aitr,.: Packet Pg. 1521 16.D.8.c C n G Z 2 C Z r le r� rCV) ` L L i Q • L Q CO Q Cn O O O Co 4 Packet Pg. 1522 16.D.8.c 0044 A � Y N � � Q� d O 0 o b avo G vi o N al O Q o Cn 0 o � • - (79 to H c +C 0 G t'1 +-3 Q p 0 r p o a t v • ar�g � V o •. O ►J N a Cz `w �J Y i a Packet Pg. 1523 16.D.8.c From: Julie Rosa To: CarrLisa Subject: 5205 HOLLAND ST Date: Monday, August 3, 2020 4:18:25 PM Attachments: imaae001.jpy EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi there, Need a payoff on this one. OR BOOK 2847, PAGE 608. Sincerely, Julie Rosa Real Estate Processor Omega Land Title, LLC 4075 Pine Ridge Road, Suite 15 Naples, FL 34119 239-566-8908 239-244-8302 (Efax) IN AN EFFORT TO ENACT SOCIAL DISTANCING, MUCH OF OUR TEAM IS NOW WORKING REMOTELY. WE ARE DOING OUR BEST TO RESPOND TO THE MANY QUESTIONS WE ARE GETTING RELATIVE TO CLOSINGS, AND FILES IN PROCESS. PLEASE BE PATIENT AS RESPONSE TIMES WILL BE LONGER THAN USUAL, AND SOME ANSWERS WE JUST DONT HAVE YET. THIS IS AN UNPRECEDENTED EVENT, YOUR PATIENCE, UNDERSTANDING, AND FLEXIBILITY IS NEEDED AND REQUIRED. WE ARE IN THIS TOGETHER! DUE TO THE OVERWHELMING AMOUNT OF FRAUDULENT CASHIER'S CHECKS CIRCULATING IN FLORIDA, WE WILL REQUIRE ALL FUNDS TO CLOSE TO BE TENDERED IN THE FORM OF A WIRE TRANSFER. Packet Pg. 1524 16.D.8.c We value your feedback, let us know how we're doing by clicking on: http://omegatitlegroup.com/customer-satisfaction-survey ALTA certified by TQS www.tgsservices.com Generate a buyer and seller net sheet with seconds! Download our Closing Cost App on your computer, www.Omegatitleagent.com. On your phone smart phone, go to your app store and download OmegaAgent (all one word). NOTICE: The information contained in this message is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to: (i) delete the message and all copies; (ii) do not disclose, distribute or use the message in any manner; and (iii) notify the sender immediately. 0 a_ x co le cc M Packet Pg. 1525 Retf1; 2816202 OR: 2847 PG; 0608 1 16.D.8.c ISLAND TITA GUARAiT7 AGIKCI 111CORDID 1n the 011CIAL IIICOKDS Of COLLIKR COUITT, 1L PICi UP WN/2001 It 1011AK DHICA7 1. IA0C1, CWIK OLD 2500.00 09LI 1500.00 RIC 111 15.00 DOC-135 8,75 )MKxI{ MORTGAGE IKT-.Oct, 5.00 THIS &D.MORTGAGE (-Security hnstfunwnl") Is given vir _JUKE 75, Q � ._.�� The3hird. Ongagor is. Mariel Aguirre and Albertina Aguirre, Husband and Wife Borrower") Thls Security Inslrumonl Is glvkr _ _C_o111er County _ ("Lander"), which is organized and exisling under the laws of the Unitad Slates of America, and whose address Is 7800 North Horeeohoe. Drive, Ka,p , Floridan 34304 Borrower owes tender the sumof 'tiro Th_ousan_d Five Hundred Aollara and no/100 _ (U.5. $46112,00 )debt is evidenced by Borrower's Note doled the Sallie date as this Security instrument t"Second Mortgage„), which provides for monthly psymronts, with the full debt, If not paid earlier, due and payable on gale of f fro arty, refinance, or loan of _howeatead_ exemption . This Security Instiunbnt secures to Lender (a) the repayment of the debt evidenced by the Note, wllh Interest, slid all ionewals, exlanslons and nivdificalrons; (b) the paynionl of all other sums, with Interest advanced under paragraph 7 to protect the security of tine Securlly Instrument; and (c) the performance of Borrower's covenants and agreements under his Security Inshummm and the Note. For this purpose, Batrowat does hereby second mortgage, grant and convey to Lender the following described properly located In Collier cooly, Florida As more parliculariy described as d which� he th r e of Loot 25, Block 6, NA V MAIJOIt M, according ("Proporty Address"): x, , to the plat: thereof, Recorded in Plat Book 1 5205 Holland St - Page 110 , of the Public Records of Collier ldyy5 Holland WITH all the irnpravilt & &6 orMl1,1tt1r er�ed on the property. and and all easements, rights, appurtenances, reels, royalties, mineral, oil and gas rights and profits, water rights aiid stock and all fixtures now or hereaflor a part of the propertyAll replacements and additions shall also be covered by the Security histrunienl Alf at the toiegoing Is referred to In this Security Instrument as the "Property" BORROWER COVENANTS that Borrower Is lawfully aeiiad of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower waitants and will defeiid generally the tills to the Property against ail claims and demands, subject lag y oiTnibr@ncos of record THIS SECURITY INSIRUMFNT coin binos nit§rn oy�i pit } r to use and non•unitorm covenants with tmled variation by jutledidloo to constitute a uniform security in0uirwgt r 0 IF r fplprz}p 'I UNIFORM COVENANTS. Borrower ar rcovenant and agree a 1, Payment of Principal and Inter* r ymont aiid Lata Charges. a 41ball promptly pay *bail due Use principal of mud Interest on the debt evidenced by the Note. thereon. 2. Taxes, The Mortgagor will pa all In as,sessnre� l its-sawec{gri or wata rates riot to the accmat of any panalfies or Interest �� The Mortgagor shall pay or cau a to e' s lbeaaar is spec -be� t* ue, )(1) all lazes and govesnnnental charges of any kind whatsoever which pay ai any I tie � $s s d f its it Fair ct to the Property, 12) all utility slid other charges, mcluding 'service charges", Inc tied r li s rofith op r ll F In n $a, upancy, upkeep and lnptove rant of tho Properly, and (3) all aasassrr»nls of other g e n {slat or g 3 at n yj wfully pq In h Ma, manta over a period of years. the Mortgagor shall be obligated under the Modgege to ay r its o lo o �Ineta nails aj required to be pail dining the tenn of the Marlgage, and shall, promptly altar the pay �dh�S f any of the doregoing, to a to Ma gsg �v *rice of such payment 3. Application of Payments. U 0 ppibable law provides othe Ise, a I pa meet received by Lender shah be applied; first. to Interest dub; and, to principal due; and last,1 r 0.le Charges due under till& (^� A. Charges; Liens, Borrower shy O t i I taxes, asssssmal cir�rr �s" Impotilbne attributable to thViopeny which may attain priority over Ihls Socurily teshumenl, id ehoid paymmnis or grou mils, fly. Borrower shelf promptly furnish to Lender all ,notices of amounts to be paid under this peragrep� snit a�la ipts oYklanclyf� nls. Borrower shell tom Id dlsclier & any ilea hfcti'�igqa ril yyr 1s stir instrument unless Borrower. (a) agrees in writing IC the payment of the obligation secured by he Ilen in a m n pl trfplld k.� ., (b) contests In good faith the lien by, or defends against enforcement of the Ilen in, legal proceadings which in Ito Lerida ropinion G' role to prevent the enforcement of the liars; or (c) secures from the holder of the lien an ogioamenl salislactory to Lender suboidinaling the Ibn to this Secutity Insliumenl. It Lerida( determhles that any pall of the Property is subject to a11on which may attain priority over the Security Insinimont, Lender may give Borrower a notice identifying the lien Borrower shall satisfy the Ilan or loke one or more of the actions set forth above withln 1p days of 1he giving of notice. 6, Harard or property Insurance. Borrower shall keep the Impfovernenls now existing or hereafter erected on the Property Insured against loss by fire, hazards Included whi€In the form "extended coverage- and any other hazards, Including floods of flooding, for winch Lender ioquhes Insurance, This Insurance shall be maintalried In the amounts and for the perlods that Leader requires The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withhold. if Borrower Falls to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights In the property In accordance with paragraph 7. At all times that the Note Is outstanding, the Mortgagor shall maintain Insurance with respect to the Ptemfaes against such risks and for such amounts as are cuslomatay insured against and pay, as Ilia same become due and payable, all premiums In tespect thereto. Includrrig, but not Ienrted to . all-elsk Insurance prolecUng the Interests of the Mortgagor and Mortgagee against loss or damage to the Promises by fire, lightning, end other casualties custemarity Insured against (Including belief explosion, It appropriate), with a uniform standard extendod coverage endorsemonl, including debris removal coverage Such insurance at all times to be In an amount not lose than the hiti replacement cost of the Promises, exclusive of footings and foundations. All insurance policies end renewals shell be aoceplablo to Londe, and shall include a standard anartgage clause. Lender shall have the right to hold the policies and renewals. it Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the avant or loss, Borrower shall give prompt notice to tine insurance caviar and Lender. Lender may make proof of loss If not made promphy by Borrower. Unless Loader and Borrower otherwise agree In writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically leasible and Lander'& security Is not lessened. If the restoration or repair IS not economically feasible or Lennder'e security would be lessened, the insurance proceeds shall be applied to the suit's secured by the security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower nbandons the Property, or does not answer within 30 days a notice from Lender that the Insurance carder has offered to settle a clakn, then Lender may collect the Insurance proceeds. Lendetnay use Ilia proceeds to repair or restore the Properly or to pay sums secured by this Security Instrumen, whether or not then due The 3aday period wilt begin when the notice is mailed. Unless Lender end Donower otherwise agree in Writing, any appitcalion of proceeds 10 principal shall not extend or postpone the duo dale of the ntatRhiy payments referred IQ In paragraph i or change the amount of the payments If under paragraph 21 the Property is acquired by Lender, Borrower's right to any Insurance policies and proceeds resulting hom damage to the Property prior to the acquisition shalt pass to Louder to the extent of ills sums secured by this Security tastrumenl jrtlmediately plia, io the acquisition, B. Occupanoy, Preservation, IJlsh'tonanoo and Protection of till Property; Borrowads Loan Appllcalion, Loiksohorde, Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security instrument and shall conlinuo 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 withhekd, of unless extenuating circumstances exist which are beyond Bmrowars control. Borrower shall not destroy, demego or impair he Property, allow the Property to deteriorate, or coma* waste, on Q ccb2Aten 1 1 Packet Pg. 1526 16.D.8.c OR: 2847 PG; 0609 the Properly. Borrower shall be In default If any forfoiluio 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 melenetly impair the lien created by 0hls Security matrumenl or Lender's security interest. Borrower may cure such a delaun and reinstate, as provided in paragraph 10, by causing the action or proceeding to be dhsmissad with a ruling that, In Lenders good faith determination, precludes forfeiture of the Bomowar's interest in the Property or other material impairment of the lien created by this Security instrument or Lender's socunly interest Bo iowor shall also be in default it Borrower, during the loan applscation pfocass, gave materially false or inaccurate Information or statements to Lender (or failed to provide Leader with any malenai information) in conno0hon with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal rosldence If this Security Inshunient is ore leasehold. Borrower shall comply with AN the provision of the tease If Borrower acquires fee Mlle to the Property, the 3easehold and the fee title shall not merge unless Lender agrees to the merger in writing 7. Protection of Lorldar's Rights In the Properly. If Borrower fads to perform the covenants and agreements contained to 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 lorfeiluro or to enlofco laws of rogutahons), than Lander may do and pay for whatever is necessary to protect the value of the Properly and Lender's rights in the Properly Lenders actions may include paying any sums secured by son which has priority over this Security Instrument. appealing in court, paying reasonable attorneys' (ees and entering on the Property to make repairs Allhough Lender may take action under this paragraph 7, Lender does not have to do so. Any aimounis disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument Unteaa BamoweT and Lender agree to other lemis of payment, Illean amounts shelf bear Interest froin Ilia dale of disbursement at the Note rate and shabo payable, with Interest, upon notice from Lender to Borrower requesting payment 8, Mortgage Insurance. It Lender raqu€red mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain Ilia mortgage Insurance In effect It, for any reason, the niortgage insurance coverage required by Lender lapses or ceases to be In effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously In effect, At a cost substantially equivalent 10 Ibis cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage Insurer approved by Lender It substantially equivalent mortgage insurance coverage is not availabla. Borrower shall pay to Lender each month a sum equal 10 one -twelfth of the yearly mortgage insurance pfemium being paid by Borrower when the insuronco Coverage lapsed or ceased to be In effect Londe( will accept, use and retain these payments as a loss reserve 0 in lieu of mortgage insurance. Loss reserve payments may no longer lea required. at the option of Lender, if mortgage insurance coverage (in 0 the amount and for the period that Londe? requires) provided by an insurer approved by Lender again becomes available and is obtained Borrower shalt pay the premiums required to maintain mortgage insurance in elfed, or to provide a loss reserve, until the requirement for d mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable taw = 9. Inspection. Lander or its agent may make reasonable entries upon and inspections of the Property Lender shall give Borrower U) notice at the lime 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 Properly, or lot conveyance in Imu of condemnation, are hereby assigned and shaft be paEd to cp Lender. In the event of a Iota€ taking of the Property, the pi adl 11 `� pliaKmhi e sums secured by this Security Instrument, whether or not Than due with any excess pad to Borrower. ir�h V lip ddtdlJa c14i rs eoperly. in which the fair market value of the Property immediately before the taking is equal to or greater ! a E asiml'alsu e by this Security Instrument unmedialely Wilma the taking, unless Borrower and Lender otherwise agi I rig, the sums saCuiaciwily Instrument shall be reduced by the anount of (D the proceeds mullipliad by the following Iradio la of • otal amount of the sums sae r d Islay before the taking, divided by (b) the lair L market value of the Property immediately be re tin g Jlrt balance shall be pa ib B r-,.,. In the ovani of a partial taking of the L Properly in which the fair market value of 1h Pr stet twfore-the,ja i is les than the amount of the sums secured 3n:rnediately 3 Y rig a) for the taking, unless Borrower and Londe othe lee agree y wr in or unle applicnb le otherwise provk)es, the proceeds shall be Q applied 10 the sums secured by this Secunt Ins1r ryenLyvheti�e E rnQt a m e-lyncl Un as Lender and Borrower olherwise agree in r willing, any application of proceeds t0 prim ipai ill t n or 0 r 1 1, d l f am nlhly payments referred to in paragraphs 1 or change the amount of such payments ��� J V 0 11. Borrower Hot Releusd, ��rr a a Le r pal elver. E ten �a„�a the time for payment or modification of 0 amortization of the sums secured b this dclr i . ris iu n r nl is L-d er to c q to in Interest at Borrower shall not operate to release the habilily of the anginal Borrows of lr0wer s successors In in st. L rider s N of be requlfed to commence proceedings (A against any successor in interest or refuse I� d Brno for payment or olhe� se odi a izalion of the sums secured by this Security V Instrument b reason of an domend made original Borrower or Borr is u so In Interest Any forbearance by Lender in exercising any right or remedy shall not lea a w ' e -a r preclude the axerciee o e y+ or r miedy. Y Y IU ]g 12. Successor* and Assigns Bo u'10 ss ,Vol d Several Liability Bla or .The covenants and agrooments of this Security Instrument shall bind and benefit the successors ar>tf ens L ender an�uf�{I to the Provisions of paragraph 17. Borrowers sovenanls�a gjo �jil i`b�i(�oj t}pt several Any Borrower who co-signs this Security 0 instrument but does not execute the Note, a) is co•s siln th S Turd tr n and 10 mortgage, grant and convey that Borrower's interest R In the Properly under the (arms of this Security Instrument, (b) is no yw tide ty obligated to pay the some sacured by this Security lastrumonl, m and (0) agrees that Lander and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Socunty Instrument or the Note without that Borrower's consent C 13. Loan Charges, n the loan secured by this Security fneirument to sut>lecl to a low which sets maximum loan charges, and that d law Is finally interpreted so that the interest or other ban charges co€lected or to be collected in connedbn with the loan exceed the permitted E limits, then. (a) any such loan charge shall be reduced by lira amount necessary to reduce the charge to the permitted Imbl, and (b) any sums t already collected from Barrowar which exceeded permitted limits will be refunded to Burrower. Lander may choose to make this refund by V reducing the principal owed under the Note or by making a direct payment to Borrower, It a refund reduces principal, the reduction wits be w treated as a pertraf prepaymanl without any prepayment Charge under the Note. Q 14. Nollces. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first doss mail unless applicable law required use of another method. l he notice shalt be tlieded to the Properly 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; Sevsrablllly, This Security Instrument shall be governed by federal law and the low 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 apptiaabfe law, such conflict shot not affect other provisions of this Security Instrument or lhdvcte which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Nate are declared to be severable. 1e, Sorrowor's Copy. Borrower shall be given one contunned copy of the Note and of this security Instrument 11. Transfer o1 the Property or a eensllclal 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 parson) without Lenders prior written conaenl, Lander may, at its option, require immediale payment in (till of all sums secured by this Security Instrument Hwnevethis option shall not be exercised by Lander if exercise is prohibited by federal law as of the dale of this Security Instrument IfLander exercised this option, Lender shall give Barrowar notice of acceleration. The notice shall provide a period of not less than 3() days from ilia date the notice is delivered or mailed within which Borrower must pay all some secured by this Socunty Instrument II Bnrfower fails to pay these sums prior to the expiration of this period, Lender may, invoke any remedies permitted by this Security Inaliument without further notice or demand on Borrower. 18. Borrowers Right to Reinstate, 11 Borrower masts cerlain conditions, Borrower shall have the right to have enlorcament of this Security instrument discontinued at any time prior to the earliarof . (a) 5 days (or such other period as Applicable taw may specify for reinstatement) before sale of the Properly pursuant to any power of solo contained in this Security Instrument; or (b) entry of a judgment enforcing this Secudly instrument. Those conditions are that Borrower (a) pays Lender all sums which then would be due under this Security histrument and the Note As if no acceleration had occurred, (b) cures and default of any o€her covenants or agreements;1c) pays all expenses Incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's lees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Properly and Borrower's obligation to pay the sums sacured by this Security instrument shell continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obiigalions secured hereby shall remain fully effectivo as If no acceleration had occurred. However, this right to reinstate shah not apply in the case of acceleration under paragraph 17, 1g, Sale of Note; Change of LoanSsrvlcer. The Note or a partial interest in the Note (together with this Security Instrumenl) may be sold one or more limes without prior notice to Borrower. A sale may moult in a change In the entity (known as the "Loalservicer') that coliecls monthly payments duo under the Note and this Security Insliumm. There e)ao may be one or mole changes of the Losillenficer ocbn3ad.wo 2 Packet Pg. 1527 16.D.8.c *** OR; 2847 PG: 0610 *** unrelefed 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 with paragraph 14 and applicable law. The notice will state the name and address of the now LoonSarvicar and the address to which payments should be made. The notice will also contain any other information roquired by applicable law. 20, Hazardous Substances. Borrower shall not cause or pornut the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nos 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 prosance, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to norms) resWentlal uses and to maintenance of the Property Borrower shall promptly give Lender written nolice for any investigation, claim, demand, lawsuit or other ac(Ion by any governmental or regulatory agency or private pally involving the Properly and any Hazardous Substance or Envsronmenlal Low of which Borrower has actual knowledge it Borrower Warns, or is nolihad by arty governmental or regulatory authority, that any removal or othetemadrahon of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial oclions in accordance with Environmentat Low. Aa used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substahcos gasoline. keroseno, other llammabW or toxic petiotoum products, toxic peslikides and herbicides, volatile solvents, materials containing asbestos or fomialdohyde, 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 ra)alo to health, safely or environmental piotoclion 21, Acceleration; Remedles, Lender shall give notice to Borrower prior to accelaralion following Borrowers breach of any covenant or agreement in this Secunly Instrument (but not prior to acceleration under posegraph 17 unless applicabto law provides otherwise) The notice shall specify' is) the defauh: (b) the action required to cute the default; 10) a date, not less then 30 days !room the date the notica is given to Borrowaf. by which the default must be cured; and (d) that failuro to cute the dolauil on or before the dale specified n1 the notice may result in acceleration of the sums secured by this Security Insirument, foreclosure by judicial proceeding and sole of the Properly The natico shall fuilhor inform Borrower of the fight to reinstate after acceleration and the fight to assert in the foreclosuro proceeding Tile nonexistence of a default or any other defense of Borrower to acceleration and foreclosure It the dofaull Is not cured on or before the, data specified in the notice, Lender, at its option, may tequila immediate payment so full of of sums secured by this Sacurily Instrument wilhool further demand and may foreclose this Security instrument by judicial proceeding, Lender shall be entitled to collect all expenses incurred in pursuing the ramedies provided in this paragraph 21, including, but not limited to. reasonable attorney's fees and costs of the Otto evidence 22, Release. Upon paynmonl of all turns secured by this Socunly, Instrument, Lender shall release this Security Inetruinenl, without charge, to Borrower Borrower shall pay any recordation costs 23. Attorneys' Fees. As used in this Socufily Inslrurnenl and the Note, "allornays' Ise$" shall include any attorneys' fees awarded by an appellate court. 24. Riders to this Security inalfumenL if ono or mare Wills are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such siderncor rated into and shall amend and supplement the covenants and agreements o1 this Secunly Instrument aiss if the ridor(s) era q ofT f tl De u •1 slrumen(. (Check Applicabte Box) r - Adjustable Rate Rider f - Rot ' (np�� mCori an ! Rider• i - 0 Rider r ,r rG Graduated Payment Rider � 1.4 Family Rider . �Sacond Home Rider r> {�` "� r), m - Balloon Rider f Bi akl Z.,,I n! R axi i, i - `�almnad AlUI ve meal Rider m - Olherts) (spocify SIGNING BELOW, Borrower accepts and red to I ; is n o a s cenia of th 'Ef ulity Instrument and in any Welts) executed by Borrower and recorded with It - `— m + Signed, sea led to delivered 1 e prosereric of.' �3 / „ WrlMaelfi ' V/LLr! ' [l '/ (Jr Y"j Witness Mariel Aguirre Avirre Borrowbl. Address: 5205 Rolland St. Naples, FL 34113 STATE OFF_ COUNTY OF COl lien t hereby certrly That on this day, MarT1 erairnwi�jfar ar�ti�r&ed Ii e UaLe old and In the county aforesaid to lake acknowledgments, personally appeared ►►++�Ell�u 10 file known thewnn to be +hee personts) described in and who executed the foregoing instrument and acknowledged before me that HE 1 SHE executed the same Far the purpose therein expressed. WITNESS my hand and official seal in the County and Slate aforesaid this i 50day of June 1 My Commission Expires:/ - Notary ubl#cs Signature Notary's Printed Name (SFjFF0AL NOTARY SEAL FJDI HAZELHORST NOTARY PWX STATE OF FLOAIDA 00hMrS8SM N0.00M204 MY OOAMMSSM EXP. OCT. 28, ZOO! cc11a3ed.wo a 1 Packet Pg. 1528 16.D.8.d July 22, 2020 Jessica Murphy Licensed Title Agent First Integrity Title p 3838 Tamiaini Trail N. Suite 301 CO Naples, FL 34103 a x M Payoff Letter -- Spase Diinit.rov and Nikolina Dimitrova, 4450 Botanical Place Circle, #104, Naples, FL 34112 Folio # 24680902481 M T �r Mortgage/Lien Type Date Recorded OR Boolr/Page Amount Due SHIP Second Mortgage — 05-070 8/25/2006 4094/3527 $18,000.00 This pay-off amount is good through August 20, 2020. No payment will be required until the property is sold, transferred, refinanced, no longer homesteaded, or is no longer the primary residence of the homebuyer. At that time the balance of the loan is due and payable. Payment should be made to "Collier County Board of County Commissioners" and delivered to: Community & Human Services Division Attn: Lisa Carr- pay-off 3339 E. Taniiami Trail, Suite 211, Naples, FL 34112 Please include a separate check in the amount of $10,00 made payable to: Collier County Board of County Commissioners for the cost of recording. Thank you. Sincerely, Elizabeth Hernandez, MBA Operations Analyst, Grants Compliance Unit Phone: 239-252-2903 Etizabetli.Hot-tiaiidcz@collici-coujityfl.gov collici•couaatyfl.gov Community & Human Services Division - 3339 Tamiami Trail East, Suite 211 - Naples, Florida 34112-5361 239-252-CARE (2273) - 239-252-CAFt (2233) + 239-252-4230 (RSVP) •,omww.colliergov.netl6umanservices Packet Pg. 1529 Tiago Title LLC DBA First Integrity Title **** REAL ESTATE CLOSING **** Borrower: Nikolina Dimitrova and Spase Dimitrov Seller: , Lender: Paramount Residential Mortgage Group, Inc. ISAOA rProperty: 1450 Northgate Dr, Naples, FL 34105 Settlement Date: July 27, 2020 Disbursement Date: July 31, 2020 Check Amount; $18,000.00 FL20-02097/44 Pay To: Collier County Board of County Commissioners For: SHIP payoff SHIP payoff (K.02) $18,000.00 16.D.8.d 38625 Closer/Responsible Party: Lillian Elizondo-Mobsby Tiago--Title LLC-DBA First. -Integrity Title ................................................ �***.REAL-ESTATE-OLOSING****--- Borrower: Nikolina Dim€trova and Spase Dimitrov Seller: Lender: Paramount Residential Mortgage Group, Inc. ISAOA Property: 1450 Northgate Dr, Naples, FL 34105 Settlement Date: July 27, 2020 Disbursement Date: July 31, 2020 Check Amount: $18,000.00 FL20-02097/44 Pay To: Collier County Board of County Commissioners For: SHIP payoff SHIP payoff (K.02) $18,000.00 i 0 C0 a_ x W 8625 M T �r CloserlResponsible Party: Lillian Elizondo-Mobsby -,,I s t fk < 'V NapeS>- 341p3 FL2 (239}261 �533 DATE AMOUNT. :F 07l3112p20 $18,000.00 PAY --Eighteen Thousand and 00/100 Dollars TO Collier County Board of County Commissioners VOID AFTER 120 DAYS THE Community & Human Services Division ATTN: Lisa Carr - Payoff ORDER 3339 E. Tamiami Trail, Ste 211 OF Naples, FL 34112 SHIP payoff FA Packet Pg. 1530 Tiago Title LLC DBA First Integrity Title **** REAL ESTATE CLOSING **** Borrower: Nikolina Dimftrova and Spase Dimitrov Seller: ., Lender: Paramount Residential Mortgage Group, Inc, 1SAOA ,Property: 1450 Northgate Dr, Naples, FL 34105 Settlement Date: July 27, 2020 Disbursement Date: July 31, 2020 Check Amount: $10,00 FL20-02097/44 Pay To: Collier County Board of County Commissioners For: Release Recording Fee Release Recording Fee (H.01) $10.00 16.D.8.d 38624 Closer/Responsible Party: Lillian Elizondo-Mobsby (2- i 0 C0 (L x W Tiago_Title-LLC.DBA.First..lntegri.ty_Title.............._.......................................................**� REAL. ESTATE CLOSING.W***...... ............ .... ........... ...... ...... ...._..- 38624... cc Borrower: Nlkol€na Dimitrova and Spase Dimitrov r Seller: Lender: Paramount Residential Mortgage Group, Inc. ISAOA > 0 Property: 1450 Northgate Dr, Naples, FL 34105 Settlement Date: July 27, 2020 Closer/Responsible Party: Lillian Elizondo-Mobsby Disbursement Date: July 31, 2020 06 Check Amount: $10.00 FL20-02097/44 > Pay To: Collier County Board of County Commissioners For; Release Recording Fee Release Recording Fee (H.01) $10.00 a N f, F1 41(t3 0� { 39)261 535 DATA AMOUNT,- 071t1202U $10.00 PAY--Ten and 00/100------------------------------------------------------------ —_----------------------------------------------------------------------- ----- Dollars To Collier County Board of County Commissioners VO4©AFTER 120 DAYS THE & Human Services Division ATfN: Lisa Carr - Pa off ORD ER 3339 E. Tamiami Trall, Ste 211 " OF Naples, FL 34112 Release Recording Fee Packet Pg. 1531 16.D.8.d From: Jessica Murohv To: HernandezElizabeth Cc: CarrLisa; BardalesKarina; LucianoDonald; KemnerCynthia Subject: RE: Folio # 24680902481 Spase Dimitrov & Nikolina Dimitrova, 4450 Botanical Place Circle, #104, Date: Wednesday, July 22, 2020 2:16:45 PM Attachments: imaae007.ona image008.pnno imaae010.ona image001.pnna CTC email.odf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon: I just received the email attached stating the lender has the clear to close and will schedule closing for 7/27. Could you kindly update the payoff good thru 8/3? Should you require any further assistance, please do not hesitate to contact our office. Thank you and have a wonderful day! &cssica GWurphp Licensed Title Agent First TITLE Integrity a TNT Company 3838 Tamiami Trail North, Suite 301 Naples, FL 34103 Office: 239-261-5353 1 Fax: 239-261-6363 Jessica (6�FirstlntearityTitle.us Visit us on our website: www.FirstlntegrityTitle.us Check out our new APP: http://firstintegrit4itle.titlequoteal2p.com Trusted & Verified 0111 WE D4 NOT ACCEPT OR REQUEST I CHANGES TO WIRING INSTRUCTIONS VIA EMAIL OR FAX. _ Always call to verify. 9 0 CO a_ x c� M T �r Packet Pg. 1532 16.D.8.d SECOND MORTGAGE ORD 18000100 REC FEE 21.00 Ret3t; 3892141 OR; 4094 PG; 3527 DOC-,35 63,00 CBEFFT PA831DOEO If AL RECORDED ill the OFFICIM RECORDS of COLLIER COUNIT, FL 821 5TB ME S 1201 08/25/2006 at 0806AB DRIGRT E. BROCK, CLSIIK RAPLES FL 31102 THIS SECOND MORTGAGE ("Security Instrument") Is given on August 2006. The Second Mortgagor is: Spase Dimltrov & Nikolina Dlmllrova, Husband and Wife ("Borrower"). This Security Instrument is given to Collier County ("Lender"), which Is organized and existing under the laws of the United States of America, and whose address Is 2800 North Horseshoe Drive #400 Naples, Florida 34014 , Borrower owes Lender the sum of Eighteen Thousand and No/100ths Dollars (U.S. $ 10, 000.00). This debt is ovidenced by Borrowers Note dated the same date as this Security Instrument (".SeDend 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 in€erest 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. i 144 vn1T fvlo, fdingtonDeclare ��c� As more particularly described as Unit &104, Be nical Place, A Condominium, according to the Eon o Comdominium thereof recorded In O.R. Book 3933, Page 2655, of the Public Records of Collier County, Florida and which has the address of: ("Property Address"): 4450 Botanical Place Circle, #104, Naples, Florida 34112 TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. Alt of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfui��alzedofdbe estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumb red, _ tt f r n br noes of record, Borrower warrants and will defend generally the title to the Property against ail claims and demaggg 12 �bJ� 30 any-e of record. THIS SECURITY INSTRUMENT comblry�s;0T7 rr�covenants for n t and non -uniform covenants with limited variation by jurisdiction to constitute a uniform secudly Insl n vering real property. ' UNIFORM COVENANTS. Borrower rid _ rider covenant and agree as fo ws: 1. Payment of Principal and Inte est; re42 enfilnd-lrata_1211rgos, B rro r shall promptly pay when due the principal of and Interest on the debt evidenced by the Note, 2, Taxes. The Mortgagor will pa all l ee i s s-0 rat prior to the accrual of any penalties or Interest thereon. The Mortgagor shall pay or taus to pa d, as lh so e p i al me due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at any lfine be qaMM a d r ' d nst or it respect o the Property, (2) all utility and other charges, Including "service charges", incurred or Im or a opera ion, main rice, e, cy, upkeep and improvement of the Property, and (3) all assessments or other governmental that may lawfully be pat 'n Ins all or a period of years, the Mortgagor shall be obligated under the Mortgage to pay or taus t paid only such Instailme as r r q ad to be paid during the term of tits Mortgago, and shall, promptly after the payment of any of the d g, forward 10 Mortgag `e a d such payment. 3. Application of Payments. Unless pl k le law provides othervA5 at ments received by Lender shall be applied; first, to Interest due; and, to principal due; and last, to an a ss due under 1 4. Charges; Liens. Borrower shalt pay al aa��ea� _sus Tne� s gt1a nos and Impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold pa rils far. tr�dfants, If any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all rec ? I encing (he 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 Lenders opinion operate to prevent the enforcement of the lien; or (e) 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. S. Hazard or Property Insurance. Borrower shelf 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 footling, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires, The Insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower falls to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times that the Note Is outstanding, the Mortgagor shall maintain Insurance with respect to the Premises against such risks and for such amounts as are customarily Insured against and pay, as the some become due and payable, ail premiums in rasped 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 othor casualties customarily Insured against (Including boiler exploslon, if appropriate), with a uniform standard extended coverage endorsement, iricuding debris removal coverage. Such Insurance at all fames to be in an amount not less lhan the full replacement cost of the Premises, exclusive of footings and foundations. All Insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of Joss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing. Insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair Is economically feasible and Lender's security Is not lessened, If the restoration or repair Is not economically feasible or Lenders security would be lessened, the insurance proceeds shall he 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 (hat 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 pedod will begin when the notico is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to In paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste an the Property, Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal Is begun that In Lender's cod F lth a g a Packet Pg. 1533 OR; 4094 PG; 3528 16.D.8.d judgment could result in forfeiture of the Properly 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 Borrowers interest In the Property or other material impairment of the lien created by this Security Instrument or Lender's security Interest. Burrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or fatted 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 ih;9 Security Instrument Is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title 10 the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. I. 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 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 atlomeys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument, Unless Borrower and Lender agree to other terms of payment, these amounts shaft bear Interest from the data of disbursement at the Note rate and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment. 0. 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 affect. 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 equlvalent to the mortgage Insurance previously in effect, at a cost substantially equivalent In 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 (€n the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and Is obtained, Borrower shall pay the premiums required to maintain mortgage Insurance In effect, or to provide a loss reserve, until the requirement for mortgage Insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and Inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the Inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, In the event of a total taking of the Properly, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess pold 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 h Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction; (a) the total amount o�he s S: �n ed€ately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any b ert�s ti'g a.p @g�erin the event of a partial taking of the Property in which the fair market value of the Propertyimmediately 6 �h a In Is less th-ab nt of the sums secured Immediately for the taking, unless Borrower and Lander othanvise agree in yYn� unless applicable law ots rovides, the proceeds shall be applied to the sums secured by this Security Instrument whether or LL of sums are then due. Unless L der nd Borrower otherwise agree in writing, any application of proceeds to principal shall not xtend r Etgone f them thly ayments referred to in paragraphs 1 or change the amount of such payments, 11. Borrower Not Released, For ar a of - alve r e 9 n o the time for payment or modification of amodlzatlon of the sums secured by this S urit in$ru t rail d r C s or in Interest of Borrower shall not operate to release the liability of the original Borrower r Bo o ers s s rat t 1 eM. en or hall of ba regvtred to commence proceedings against any successor in interest or refuse e d ai y rs t r therms dl bm rtizatlon of the sums secured by this Security Instrument by reason of any demand made o gi Bo r o or e t r9 n interest. Any forbearance by Lender In exerclsing any right or remedy shall not be a r of or preclude the exee of a y ri hSyr remedy. 12. Successors and Assigns Bo d Int and Several Llabllitylt o• i r�, he covenants and agreements of this Security Instrument shall bind and benofil the successo,s $signs of Lender and o s b t to the Provisions of paragraph 17, Borrowers covenait anI reements shall be jo€nl rat. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) Is cd�fg�ipppppp t�4�s Security lnsi me o� to mortgage, grant and convey that Borrower's Interest In the Property under the forms of this Security lnsiruTn t; �p} f not-pers� 19 led to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may gr t �xtorbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers 6I5l ent. y 13, Loan Charges. if the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the Interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note, 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mall unless applicable law required use of another method. The notice shelf be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shaft be given to Borrower or Lender when given as provided In this paragraph. 15. Governing Law; Severabillty. 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 and 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 tho Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower, If all or any part of the Property or any Interest in it is sold or transferred (or If a beneficial Interest In Borrower Is sold or transferred and Borrower Is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. however, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument, If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. if Borrower falls 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. ft Borrower's Right to Relnstate. If Borrower meets certain conditions, Borrower shall have the right 10 have enforcement of this Security Instrument dtsconlinued 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 safe contained in this Sonority instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: fa) pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security Instrument, Including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security instrument, Lenders rights in the Properly and Borrowers 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 shalt remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest In the Note (together with this Security instrument) may be sold one or more times without prior notice to Borrower. A sale may result In a change in the entity (known as the "Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Sefvleer 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 a Packet Pg. 1534 *** OR; 4094 PG: 3529 *** 16.D.8.d Paragraph 14 and applicablo law. The notice wilt state the name and address of the new Loan Survicer and the address to which payments should be made. The notice will also contain any other Information required by applicahSo law. 20, Hazardous Substances. Borrower shall not cause or permit the presence, use, dlsposai, 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 (he 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 remedlalion 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 herbfddes, volatile so€vents, 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 prolectlon. 21. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrewei's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the data the notice Is giyen 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 10 reinstate after acceleration and the right to assert in the foreclosure proceeding the non-axistence 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 optlon, 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, Inctuding, but not limited to, reasonable attorneys 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' Foos. As used in this Securily Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. 24. Riders to this Security Instrument. if one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Rate Improvement Rider ❑ Condominium Rider ❑ Graduated Payment Rider ❑ 1-4 Family Rider r1 ❑ Second Home Rider ❑ Balloon Rider ❑ Biwookly P�y it�l C�,% rted Unii Development Rider ❑ Other(s) (specify J U SIGNING BELOW, Borrower accepts and agr es t th r4as an nen#s" nta€ne in th Security Instrument and In any rider(s) executed by Borrower and recorded with it. Signed, sealed and delivered In iho presen of: d,rCO Witness#1: E" G�it�ritry91 a e; { r , t-"t Borro pr S Aimitrov vvnnessi2: Signature. X-Y" ul L`� V- ' Ca• Borrows el�N' rclina Dimitrova Signature: _ (J��✓ ` L'1�ddi i 4450 Hotanioal Place Circle, #104 STATE OF FLORIDA Naples,.Florida 34112 COUNTY 0F_(f [� 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 Spase Rlmitrov & Nlkolina Dimitrova to me known to be the person(s) described In and who executed the foregoing instrument and acknowledged before me that (Hel shot they) executed the same for the purpose therein expressed. 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