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Agenda 10/27/2020 Item #16D13 (Mortgage Satisfactions)10/27/2020 EXECUTIVE SUMMARY Recommendation to approve and authorize the chairman to sign three (3) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of $89,500 and the associated Budget Amendments. OBJECTIVE: To support the affordability of housing in Collier County through the State Housing Initiatives Partnership program (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 10-045 Aline Lafontant OR 4793/PG2462 $20,000 $20,000 HFH-009-004 Heyde Obregon OR4504/PG3464 $50,000 *$16,666.67 05-090 Joseph E. Torres OR4114/PG2130 $19,500 $19,500 Total $89,500 $56,166.67 *The term of the loan is fifteen (15) years and every five (5) years one-third (1/3) is forgiven. Therefore, the payment received is $16,666.67. Approval of this Item will authorize the Chairman to sign the aforementioned satisfactions of mortgage and the executed document shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The repaid amount of $56,166.67 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 $56,166.67 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 three (3) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of $89,500 and approve the associated Budget Amendment. (Net Fiscal Impact $56,166.67) Prepared By: Lisa N. Carr, Senior Grants Coordinator, Community & Human Services Division Packet Pg. 1336 10/27/2020 ATTACHMENT(S) 1. Satisfaction of Mortgage Lafontant (PDF) 2. Satisfaction of Mortgage - Obregon (PDF) 3. Satisfaction of Mortgage -Torres (PDF) 4. Backup Docs SOM - Lafontant (PDF) 5. Backup Docs SOM - Obregon (PDF) 6. Backup Docs SOM - Torres (PDF) 7. SAP 10.27.20 $56,166.67 (PDF) Packet Pg. 1337 16.D.13 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.1).13 Doe ID: 13718 Item Summary: Recommendation to approve and authorize the chairman to sign three (3) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $89,500 and the associated Budget Amendments. Meeting Date: 10/27/2020 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Lisa Carr 09/29/2020 11:20 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 09/29/2020 11:20 AM 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 Budget and Management Office Ed Finn Additional Reviewer Grants Therese Stanley Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 09/29/2020 11:39 AM Completed 09/29/2020 4:11 PM Completed 10/03/2020 11:12 AM Completed 10/05/2020 5:33 PM Completed 10/06/2020 4:48 PM Completed 10/07/2020 3:54 PM Completed 10/12/2020 8:49 AM Completed 10/13/2020 2:04 PM Completed 10/16/2020 3:53 PM Completed 10/16/2020 4:24 PM Completed 10/16/2020 6:30 PM Completed 10/19/2020 11:39 AM Completed 10/20/2020 11:04 AM Completed 10/20/2020 12:54 PM 10/27/2020 9:00 AM Packet Pg. 1338 16.D.13.a 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 Aline Lafontant to COLLIER COUNTY, dated April 5, 2012 and recorded on May 4, 2012 in Official Records Book 4793,Pa2e_2462 of the Public Records of Collier County, Florida, securing a principal sum of $20,000.00 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 Cleric of said Circuit Court 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 ME BURT L. SAUNDERS, CHAIRMAN Packet Pg. 1339 16.D.13.b 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 TAMIANII TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Heyde Obre on to COLLIER COUNTY, dated October 2, 2009 and recorded on October 30, 2009 in Official Records Book 4504 Page 3464 of the Public Records of Collier County, Florida, securing a principal sum of $50,000.00 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 CIerk of said Circuit Court 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 - By: ,DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA R Packet Pg. 1340 16.D.13.c Prepared by: Maria Aldana Collier County Community and Human Services 3339 E. Tamiami Trail Naples, PL 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 Josepb E. Torres to COLLIER COUNTY, dated September 15, 2006 and recorded on October 02, 2006 in Offteial Records Book „41„] 4„Page 2130 of the Public Records of Collier County, Florida, securing a principal sum of $19,500.00 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 Court 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 an , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney 0IX BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN Packet Pg. 1341 16.D.13.d July 15, 2020 Norma Lalibrete Habitat for Humanty of Collier County, Inc. 11145 Tamiami Trail E Naples, FL 34113 Re: Payoff Letter -Aline Lofontant 10286 Kingdom Court Naples, FL 34114 File #10-045 Moi-tgage Type Date Recorded OR Book/Page Amount Collier County SHIP Second Mortgage Payoff 05/04/2012 4793/2462 $20,000.00 Recording Fee $10.00 Total Amount Due $20,010,00 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, No per diem amount required, Please include with payoff an additional $10.00 for the recording fee. Please pay with credit card at: htt s: ma ic.collectorsolutions.com ma is-ui onetime a ment cchs in Payment should be made to "Collier County Board of County Commissioners" and delivered to: Community & Human Services Division Attn: SHIP Payoff 3339 1,, Tarniami Trail, Suite 211 Naples, FL 34112 Sincerely, ze"Z ?iM Lisa N. Carr Senior Grants Coordinator Community and Human Services Making Our Community Stronger: one life, One Home, One Protect a Time lisa.cart@colliercountyfl.gov (New Emaii Add(ess) Communily & Human Services Division - 3339 Tamiami Trail East, Suite 211 • Naples, Florida 34112-5361 239-252-CARE (2273) - 239-252-CAFE (2233) • 239-252-4230 (RSVP) • vvAvw.coliiergov.netlhumanservicos Packet Pg. 1342 PORTER WRIGHT MOARIS & ARTHUR, LLP Date t Payee 8/31 /2020 Collier County Board of County Commissioners Buyer; / Seller: SHIP Payoff - $20,010.00 t / 0 16.D.13.d Amount Closing File 4 $20,010.00 ! WJC�HHtaFontan d 0 Y4 - o 4002074.227121 DoubleTline(g C 1 r ! . SYNOVUS BANK N r t o . _ ��6ta,6�� a REAL ESTATI= TRUST ACCOUNT 9132 STRADA PLACE, 3RD FLOOR M r NAPLES, FLORIDA 34106 8/3112020 (239) 593-2900. r00 PAY TO THE ORDER OF Collier County Board of Bounty Commissioners ***20,010.00 *** 1 *** DOLLARS r Twenty Thousand Ten. and 001100 c P HT:I4A0 j &ART)UR, LLP 40- J10LAJIL / J 4002074.227121 ] Q N TWO "NATURES REQUIRED SHIP Payoff - WJC-HH-t_aFontan y 1 a m a Packet Pg. 1343 INSTR 4689480 OR 4793 PG 2462 RECORDED 5/4/2012 10:33 AM PAGES 3 1 6.D.13.d DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.35 $70.00 REC $27.00 OBLD $20,000.00 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) pROGRAM SECOND MORTGAGE THIS SECOND MORTGAGE ("Security Instrument") is given on _ day of Apt 1 I 2012. The Second Mortgagor Is: Aline La€ontant, a single person ("Borrower'). This Security Instrument is given to Collier County ('Lender"), which Is organized and existing under the laws of the United States of America, and whose address is 3339 E. Tamiami Trail, Naples, rlorida 34112 d Borrower owes Lender the sum of Twenty Thousand and 00/100 Dollars ($20 000 , 00) , This debt is evidenced by Borrowers Note dated the same dale as this Security Instrument ("Second Mortgage"). which provides for monthly payments, with the fult debt, ifnot paid earlier, due and payable on_. Dale of property, refinance, or loss of homestead exemption i This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and ail renewals, extensions O and modificallons; (b) the payment of all other sums, with Interest advanced under paragraph 7 to protect the security of the Security a Instrument; and (c) the performance of Borrowers covenants and agreements under this Security instrument and the Note. For this purpose, ,- Borrower does hereby second mortgage, grant and convey to Lender the Viewing described property?stated in Collier County, Florida. O to As more particularly described as Regal Acres Lot 30, of the Public Records of Coll for County, Florida and which has the address of: O ("Property Address") 10(Address) Kingdom Court HaP 1ea Florida 1 (ddress {C.S) (Slate) (ZIP) t, 4T TOGETHER WITH all the improvements now or hereafter erected on the property, and oil casements, 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 Ia and additions shall also be covered by the Security instrument. All of the foregoing is referred to in this Security Instrument as the "Property". 0 BORROWER COVENANTS that Borrower Is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and IL convey the Property and that the Property Is unencumbered�Ar`bra ces of record. Borrower warrants and will defend generallythe Lille to the Properly against all claims and demands, mhil-pf rerrd.THIS SECURITY INSTRUMENT combines if o a 09 d non -uniform covenants wish limited variation by jurisdiction 10 constitute a uniform security Ins(rum ng real property. UNIFORM COVENANTS. Borrower an Le r covenant and agree as folio 00 1. Payment of Principal and Interes , Pre afr eM afid har s. Be war all promptly pay when due the principal of and ti interest on the debt evidenced by Ina N thereon. ote. M 2. Taxes. The Mortgagor will pay a lax ss m e rent r-w t G to$ or to the accrual of any penalties or interest The Mortgagor shall pay or cause to be p id, s th s e as ct lY' a du , (A) 1) all taxes and governmental charges of any kind whatsoever which may at any bme be fa li s ss��¢¢ r V d g i t or wit re pe tpgl a Property, (2) all utility and other charges, tC Including "service charges", Incurred or Impos f t op¢rah n m n r1a us , upkeep and improvement of the Property, and (3) all assessments or other gova mentat cha eg, at may lawfully be paid I' stall anti 6v a period of years, the Mortgagor shall be O obligated under the Mortgage to pay or use t p M only such Installment r re rr o be paid during the term of the Mortgage, and 4- shall, promptly after the payment of any of the fo �� forward to Mortgagee e vp h payment. (a 3. Application of Payments. Unless a ( 4 law provides otherwse, t pap I5 received by Lender shall be applied; first, to , Interest due; and, to principal duo; and last, to any tat due under the N 1 .icy 4. Charges; Liens, Borrower shall pay ail toe ,'as o enls� �'��r er$e� Sr a and impositions altnbulable to the Property which may attain priority over this Security Instrument, and lease d�pa �Uor f_r64 N61 if any. Borrower shall promptly furnish to Lender all 0 notices of amounts to be paid under this paragraph, and all receip s-evidencing— the payments. Borrower shall promptly discharge any lien wnicn has priority over this Security Instrument unless Borrower. (a) agrees in writing to V 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 hOen In, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (0) secures from 0 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 stlall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 3 6. Hazard or Property insurance. Borrower shall keep the improvements now existing of hereafter erected on the Property Insured against lass by fire, hazards included within the term "extended coverage" and any other hazards, Including floods or flooding, for which Lender R requires Insurance. This Insurance chair be maintained in the amounts and for the periods that Lender requires. The Insurance carrier m providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower falls 10 r maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Properly In accordance O vrith paragraph 7. At all limes that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such d risks and for such amounts as are customarily Insured against and pay, as the some become due and payable, all premiums in respect thereto, E Including, but not limited to, all-risk insurance protecting the Interests of the Mortgagor and Mortgagee against loss or damage to the Premises t by fire, lightning, and other casualties customarily insured against (Including boiler explosion, if appropriate), with a uniform standard extended V coverage endorsement. Including debris removal coverage. Such Insurance at all limes to be in an amount not less than the full reptacement M cost of the Premises, exclusive of footings and foundations, Q All Insurance policies and renewals shall be acceptable 10 Lender and shall include a standard mortgage clause. Lender shall have the right 10 hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree In w4ling, insurance proceeds shall be applied to restoration or repair of the Properly damaged, If the restoration or repair is economically feasible and Lenders security is not lessened. HIM restoration or repair Is not economically feasible or Lenders security would be lessened, the Insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the Insurance carrier has offered to settle a cialm, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Properly or to pay sums secured by this Security instrument, whether or not then due. The 30-day period will begin when the nollce 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 t or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass fe Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Proleetfon of the Property; Borrowers loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execu€Eon of this Security Instrument and shall continue to occupy the Properly as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or Impair the Property, allow the Properly(* deteriorate, or commit waste on the Property, Borrower shall be In default If any forfeiture action or proceeding, whether civil or criminal, Is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lender's security interest, Borrower may cure such a default and reinstate, as provided in paragraph IS, by causing the action or proceeding to be dismissed with a ruling that, in Lenders good faith determination, precludes forfeiture of the Borrowers Interest In the Properly or other material Packet Pg. 1344 aR 4793 PG 2463 16.D.13.d Impairment of the lien created by this Security Instrument or Lenders security Interest. Borrower shall also be in default if Borrower, during the loan application process, gave maledaliy false or inaccurate Information or statements to Lender (or failed to provide Lender with any material information) In connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee line to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained In this Security Instrumant, or there is a legal proceeding that may significantly affect Lender's 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 Lender's rights In the Property. Lender's actions may Include paying any sums secured by a lien which has priority over this Security Instrument, appearing In court, paying reasonable attomeye fees and entering on the Property to make repairs. Alihough Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear Interest from the dale of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance in effect. if, for any reason, the mortgage Insurance 0) coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially (U equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance tm 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 0 Borrowerwhan the Insurance coverage lapsed or ceased to be In effect. Londerwill accept, use and retain these payments as a loss reserve 2 In lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage Insurance coverage (In 4— the amount and for the period that Lender requires) provided by an Insurer approved by Lender again becomes ava#fable and is obtained. Borrower shall pay the premiums required to maintain mortgage Insurance in effect, or to provide a loss teserve, until the requirement for to mortgage Insurance ends In accordance with any written agreement between Borrower and Lender or applicable law. C 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower O notice at the time of or prior 10 an inspection specifying reasonable cause for the Inspection. +- 10. Condemnation. The proceeds of any award or ctalm for damages, director 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 to event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, } with any excess paid to Borrower. In the event of a partial taking of the Property, In which the fair market value of the Property fmmedlalely rill before the taking Is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the taking, unless W Borrower and Lender otherwise agree In wr€ rig, the sums secured b this Security Instrument shall be reduced by the amount of the proceeds d multiplied by the following fraction: (a) the total amount of the u s Cuu�ed a lately before the taking, divided by (b) the fair market value = of the Property immediately before the taking. Any balagr§ id to�B (n the event of a partial taking of the Property in whioh N the fair market value of the Property immediately bet �� t is is less lha 'th Roof the sums secured Immediately for the taking, unless Borrower and Lender otherwise agree in con Kmir� nless applicable law of a vIdes, tits proceeds shall be applied to the sums secured by this Security Instrument whether or n lhs are then due. Unless 1 e er an Borrower otherwise agree in writing, any 00 application of proceeds 1a principal shall not ext hd or—Wth-kdur to cif he moral ty� ments referred to In paragraphs f or change ti the amount of such payments. / I,- 1 f. Borrower Not Released, F'orbe ran¢e nd Wit a aivpr•. to of th time for payment or modification of amortization of the sums secured by this Sec 'ty I r 1 b I ripp n s sso in interest of Borrower shall not operate to y release the liability of the original Borrower or orr a su s or In i to JL d h t not be required to commence proceedings against any successor in Interest or refuse to a t' a f a t r ti�rwiso od fy a 4i allon of the sums secured by this Security R instrument by reason of any demand made by lire na Borrower r B'orro rs s o 'nteresl. Any forbearance by Lender In exercising any right or remedy shad not be a w J for preclude the exercis f any ght r r edy. 12. Successors and Assigns Boun t j t and Several Liability I ney� covenants and agreements of this Security - Instrument shall bind and benefit the successors igns of Lender and Bono e , rr44p o the J Provisions of paragraph 17. Borrower s covenants d'a r nmants shall be joint a . F Any Borrower who co-signs this Security , Instrument but does not execute the Nole; (a) is co-sgn i Security InsUum n I t crtgage, grant and convey (hat Borrower's interest in the Property under the terms of this Security thatrum�r I (b)' t Pefsanaf b.hg to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree d��m� ear or make any accommodations with regard to the terms O of this Security Instrument or the Note without that Borrawees oo en.. W 13, Loan Charges. If the loan secured by this Security Instrument Is subject to a law which sets maximum loan charges, and that to 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 0 limits, then: (a) any such loan charge shalt be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums 0 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 princlpM, the reduction will be Q treated as a partial prepayment without any prepayment charge under the Nate. 3 14, Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it of by ma if#ng It by first class mail unless applicable law required use of another method. The notice shalt be directed to the Property Address or any other address Borrower designates by not€ce to Lender. Any notice to Lender shalt be given to Borrower or Lender when given as provided In this paragraph, m 15. Governing law; Severablllty, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is iacated. In the event that any provision or clause of this Security Instrument or the Noter conflicts with applicable law, such conflict shah not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To 4) Ibis end the provisions of this Security Instrument and the Note are declared 10 be severable. 16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. t 17. Transfer of the Property or a Beneficial interest In Borrower. tf all or any part of the Property or any Interest in it is sold or t ) transferred (or if a benefictaf interest in Borrower is sold or transferred end Borrower is not a natural person) wilhoul Lender's prior written M 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. Q If Lender exercised this option, Lender shag give Borrower notice of acceloration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further nolice or demand on Borrower. 18, Borrowoes Right to Relnstale, If Borrower meats certain conditions. Borrower shall have the right 10 have enforcement of this Security Instrument discontinued at any time prior to the earlier of : (a) 5 days (or such other period as applicable law may specify for reinstaternanq before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which (hen 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; (a) pays all expenses Incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights In the Properly and Borrowe7s obligation to pay the sums secured by this Security Instrument shaft continue unchanged, Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as If ne acceleration had occurred. However, this right to reinstate shalt not apply in the case of acceleration under paragraph 17. 19. Sala of Note; Change of Loan Servicer. The Note or a partial Interest In the Note (together with thls Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result In a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be given written notice of the change In accordance vrith paragraph 14 and applicable law. The notice will slate the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other Information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Properly that is In viclation of any Packet Pg. 1345 *** OR 4793 PG 2464 *** 1 6.D.13.d Environmental Law. The preceding two sentences sball not apply to the presence, use, or storage on the Properly of small quantities of Hazardous Subslauees 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 end any Hazardous Substance or Environmental Law of which Borrower has aduaf knowledge, If Borrower teams, or Is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Properly is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the fallowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used In this paragraph 20, "Environmental LaW means federal lays and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration follovring Bofrower's breach of any covenant or agreement in Ibis Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify; (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice Is given y 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 0) in acceleration of the sums secured by this Security Instrument, forectosure by judicial proceeding and sale of the Property. The notice shot? rC further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured on or before the date specified In the notice, L Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may O foreclose this Security Instrument by judicial proceeding. Lender shall be entiVed to collect all expenses incurred in pursuing the remedies a provided In this paragraph 21, Including, but not limited to, reasonable attorney's fees and costs of the title evidence. 4- 22, Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without O charge, to Borrower. Borrower shall pay any recordation costs. (1) 23. Attorneys' Fees, As used In this Security Instrument and the Note, "attorneys' fees" shall Include any attorneys' fees awarded by r— an appellate court. O 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security V instrument, the covenants and agreements of each such rider shall be incorporated Into and shall amend and supplement the covenants and 42 agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check Appiicable Box) to ❑ Adjustable hale Rider [1 Rate Improvement Rider ❑ Condominium Rider ❑ Graduated Payment Rider ❑ 1.4 Family Rider ❑ Second Home Rider fn ❑ Balloon Rider ❑ Biweekly Paymen Ri { R �� El Planned Unit Development Rider ❑ Other(s) (specify rJ� ��+� r N SIGNING BELOW, Borrower accepts and agree co o th a venants contain, n IN Security Instrument and In any rider(s) executed ms � 00 by Borrower and recorded with it.r� Signed, sealed and delivered in the presence L Cl) Witness#1: 0ow.,bIl 0 u, �j�41 C r w 1 a o C t Signature:OVA �ry 14 Witness#2: - i7l�E ._ ,z� � Sfgna€ure; i� 4— � Co- Borrower CJ Si nolure: g G J � 0 a?Cdr17�,CO286 Xi- dom Court: Na lea, izlorida 34114 STATE OF !FftlpA to V COUNTY OF COLLIER O p I hereby corlify that on This day, Kline Lafont ant before me, an officer duly authorized In the stale aforesaid and in the county Q 3 aforesaid to take acknowledgements, personally appeared tome known to be the person(s) described in and who executed the foregoing R Instrument and acknowledged before ma that (He/ she/ they) executed the same for the purpose therein expressed. t� r WITNESS my hand and official seal in the County and State aforesaid this day ofAID ,,,,n 2412, C d E 111:�Sa 1111l[If lStll; My Commission Expirt't�LQ Rp :T�rr%; (Seat) �rZ�. Not ry Public's Signature •+ rlYLO!•l�t.ExPIRES Norma Lora-Trejo a e R11a.i9,Y�13 t:u.Et r4vn 3 Nolarys Printed Name r y� !'Irn�IF'r10"�` SHIP File#: 10-045 Prepared by: Collier County Housing, Human & Veterans Department 3339 U. Tarniami Trail, Bldg H, Suite 211 Naples, FL 34112 Packet Pg. 1346 16.D.13.d F Micheilec. Ford Legal Administrative AssSstant August 31, 2020 1 m ford@porterwr4ghl.00m Community & Human Services Division, Porter t hurLL Morris &Arthur LLP ATTN: SHIP Payoff 9132 Sirada Place 3339 Tamlami Trail East, Suite 211 Suite 301 Naples, FL 34112 Naples, FL 34108 Direct: 239.693.2926 Fax: 239,693,2990 Re: Payoff of Collier County SHIP Loan #10-045 Main: 239,693.2900 Aline LaFontant -- 10286 Kingdom, Court, Naples, FL 34114 M, Dear Sir or Madam: L 2 www.porterwright.com Enclosed please find a copy of the Payoff Letter regarding the above O porterwright referenced Collier County SHIP Loan, together with a check in the amount of g $20,010.00. CH€CAGO CINCINN If you have any questions or concerns regarding this matter, please do not CU CLEVELAND NIJ hesitate to contact our office, COLUMBUSDAYT ♦2 Very truly yours, v=i NAPLOS PITTS13URGH WASHINGTON, i7C ��• i��,� i 00 M Michelle C. Ford CU O 4- MCF:mcf Enclosures O 13707331vi N ' V O Q 3 V R fb r O d E t v r a Packet Pg. 1347 16.D.13.e July 16, 2020 .BillShade Director ofPhiance Habitat for Humanity of Collier` County, Inc, 11145 Tainianii Trail E Naples, FL 34113 Re: Payoff Letter -Heyde Obregon 5249 Alabama Avenue Naples, IPL 34113 File #HII<H-009-004 Mortgage Type bate Recordt?d OR IIoolVPage AiimlWt. Collibr County SHIP Secolid Mortgage Payoff (Acquisition Rehabilitation 10/30/2009 4504/3464 $16,66K67 Recording Fee $10.00 Total Amount Due ' $16,676,67 No payment will be requited until the property is sold, transferred, refinanced, no longer Homesteaded, or is no longer [lie prithAry residence of the homebuyer. At that time ilia balance of the loan is dire and payable. No per diem gmount required. Please include with payoff ari additip.nal $10.00 far the recording fee, Please pay with etedit carat at: httpsz/lmagic.,colleetorsolutions.corn/inagic uilonetimepayment/cchs Or Payment should be rnade to "Collier Count Board of County Commissioners" and deliverod to, Community & Hu,pan Services Division, Attn- SNIP Payoff 3339 E. Tabilami Trail, Suite 211 Naples, FL 34112 Sincerely, ze" 72 eem Lisa N. Carr Senlor Grants Coordinator Commvnify and Human Services Making Ow Communtly Stronger; Onb life, One Home, One Projecl a Time Iisa.carr@colliercouniytl.ao� (thew trmdll Ad&ess)�, Commtnity & Human Sprvioos Wislon • MP Trrmlml Traj1 East, Suljb 211- Plrrplos, Florida 34112-6M 24-252-0ARE (2273) - 239.252-CAFE (2233) • 233.262.4230 (RSVP) v,v�+r.colfler�ay.irofJtrun�anservices Packet Pg. 1348 . e ottr6ll Title Group, LLC d/b/a Cottrell Title & Escrow 147 Castello Drive aples, FL 34103 39-449-4888 ww. FLTitleGroup.com September 10, 2020 IF'e') -�� el � av 16.D.13.e 90 i0 THE DRDER $16,676.1 DF Collier County Board of County Commissioners 'AY Sixteen Thousand Six Hundred Seventy Six and 671100 *** ***��* DoIlc' Wells Fargo Bank, N.A. Collier County Board of County Commissioners Ft VOID AFTER 90 Community & Human Services Division Attn: SHIP payW� l /631 3339 E. Tamiaml Trail, Suite 211 Naples, FL 34112 as MEMO a, 0 c N 90! O A.- DATE: 9/10/2020 FILE: 20713 CHECK AMOUNT: $16,676. BUYERISELLER: Dario Carballido Hidalgo/Heyde Obregon SETTLEMENT DATE: 9/101202 n PROPERTY ADDRESS: 5249 Alabama Ave, Naples, FL 34113 in PAYEE: Collier County Board of County Commissioners i 9/10/2020: Payoff of Second Mortgage Loan $16,676. Cn 00 M C O L rl Lr J d E t V Q Packet Pg. 1349 INSTR 4357408 OR 4504 PG 3464 RECORDED 10/30/2009 8:51 AM PAGES 3 DWIGHT L. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 OBLD $0.00 OBLI $0.00 FORM O SECOND MORTGAGE THIS SECOND MORiGAGF ("Security Instrument") Is given on �- day of C1 C Y7 Q i . 2u09. The Second Mortgagor is: Heyde Obregon, a single woman ("Borrower"). This Security instrument is given to Collier County ("Lender"), which Is organized and axis€ing d under (he lam of the United States of America, and whose address Is 330 1 N. Tamiami Trial 4211, Naples, Florida � 34112. Borrower owes Lender the sum of ri.fty Thousand Dollars (U.S. $50, 000. 00) . This, debt Is evidenced by Borrowers Note doled the same date as this Security Instrument ("Second Mortgage"), which provides for monthly payments, Wih the full debt, if not paid eadler, due and payable on sale of property, re£inanoe, or loss of homestead O exemption, This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, Wth Interest, and all a renewals, extensions and modifications; (b) (he payment of all oShersums. Wth interest advanced under paragraph? to protect the security of O the Security Instrument; and (c) lhw 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 Coll i.er V) County, Florida. r— O Morn particularly described as: Naples Manor Annex, Btk 3, Lot 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORiDA. L) FOLIO #i 62150840008 4T and which has the address of 22 R ("Property Address'l: 5249 Alabama Avenue (Street)1 a Naples,Flo a a% (Clay} (Sf ) (zip��ljJ N TOGETHER WITH all the improvemen(�p� � ereaftererecledonth� p and ell easements, righls,appurtenances, rents. royalties, mineral, oil and gas rights and profits ra a fights and stock and all fixture ow hereafter a part of the property. The Security 00 Instrument shall also cover all replacements 9 do ittons--Allthe foregoir Is rate cito [n this Security Instrument as the "Property'. BORROWER COVENANTS that rro r Islawfwl(y se ze o The tale here y eoiyveyed and has the rightto mortgage, grant M and convey the Property and that the Prope y is nencumberdd a t for en umbrae s of 1 cord. Borrower warrants and will defend generally the file to the Properly against al riot ,a a�� a on noe of record. r THISSFCURIIYINSTRUMENT m fie unl nw na ! i a' iu n nonuniformcovenaniswthlimited Variation by jurisdiction to constitute a uniform security st a co n re I UNIFORM COVENANTS. Horro t r s d r a ree a 0 1, Payment of Pr€ncipal and let st; repayment and Late C ges, orrow all prompUypay when due the principal of i and interest on the debt evidenced by the N$ti�C h �/ - 2.Taxes.TheMortgagorwillpaya t� asaossments,sewarra r t r pnoriotheaccrualofanyponalliesetinlerest 0 thereon. �� The Mortgagor shall pay or cause tobep fr�; 'the same respecfveiy f�siJ e,(A){i)alitaxesandgovernmentalcirargesof ' any kind whatsoever which may at any time be lav� 6 se d Qr I da r rfth respect to the Property, (2) all utility and other charges, inciuding"service charges",Incurredarimpos Loftg arz `lrt jrrt�i n e,use,occupancy, upkeep andlmprovementofthe 0 Property, and (3) all assessments or other governmental chn at y-M ully be paid In Installments over a period of years, the tin Mortgagorshall be obligated under the MettgagetOpay or cause to ba paid only such installments as are required tube paid during the term to ofthe Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. V 3, ApplicattonofPayments, Unless applicable law provides otherwise, Ell[ payments received byLendershallbeapplled;Brst,to O interest due; and, to principal due; and last, to any late charges duo Under the Note. 0 4. Charges; Liens. Borrowershallpay Alt taxes, assessments. charges, Ones and fmposltionsAttributable tothe Property which Q may attaln pdorfly over this Socuii ty Instrument. and leaselhold payments or ground rents, if any. Borrower shall promptly furnish to Lender O all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. �C Borrower shall promptly discharge any Ilenwhich has pdorlly over this Security Instrumentunless Borrower. (a) agrees Invrtiting to t) the payment of the obilgation secured by the lien In a manner acceptable to Lender, (b) contests In good faith the lien by, ordefends against fa enforcement of the lien In, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (e) secures from m 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 alien, which may attain priority over the Security lnslrumeril, Lender may give Borrower a notice identifying O the lien, Borrower shall satisfy the lien or lake one or more of the actions set forth above wiithin 10 days of the giving of notice, d S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property E Insured against loss by Ore. hazards Included within the term "extended coverage" and any other hazards, including floods orfooding, for which Lender requires insurance. This Insurance shall be maintained in the amounts and for the periods that Lender requires. The V Insurance carrier providing the Insurance shall be chosen by Borrower subjecl to Lenders approval, which shall not be unreasonably r withheld, If Borrower falls to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights Q in the Properfyinacoofdoncevhihparagraph 7. Atoll limes that the Note Is outstanding, the Mortgagorshall 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, all premiums In respect thereto, including, but not limited to, ail -risk Insurance protecting the Interests of the Mortgagor and Mortgagee against loss or damage to the Premises by tire, lightning, and other casualties customarily Insured against (Including boiler explosion, If appropriate), w1th a uniform standard extended coverage endorsement, Including debrisfemoval coverage. Such insurance at all Omen to be In an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shalt be acceptable to Lender and shall include a standard mortgage clause. Lendefshallhave the right to hold the policies and renewals, if Lender mquies, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt noUcetoilia Insurance carrier and Lender. Lendermay make proof of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree In writing, Insurance proceeds shall be applied to restoration orrepairoffhe Property damaged, If the restoration or repair Is economically feasible and Lenders security is not lessened, If the restoration or repair Is not economically feasible or Lenders seoudly would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, %vhetheror not then due, Stith any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender thatthe Insurance carrier has offered to settle a claim, then Lender may collect the insorneca 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. Tha 3G- day period will begin when the notice Is mailed. Unless Leader and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and 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 10 the acquisition. y «,ea•wr Packet Pg. 1350 oR 4504 Pc 3465 16.D.13.e FORM o 6, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's loan Application, Leaseholds. Borrower shaft occupy, establish, and use the Property as Borrower's principal residence within sixty days after Ole execution of this Secority Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withhold, or unless extenuating circumstances exist which are beyond Borrower's control, Borrower shall not deslroydamageorlmpalrthe Property, allows the Property to deteriorate, orcommit waste on the Property. Borrower shall be in default If any forfeiture action or proceeding, whether civil or criminal, Is begun that In Lender's good faith judgment could result In forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Londoessecurityinterest. Borrower may cure such a default and reinstate, as provided In paragraph M. by causing the action or proceeding to hedismissed sft a ruling that, In Lenclar's good faith determInation, precludes forfeiture of the Borrower's Inlerent in the Property, or other material impairment of the lion created by this Security Instrument or Lender's security interest, Borrower shall also belndefaullifBonowor, during the loan application process, gave materially false or inaccurate Information or statements to Lender (or felled to provide Leaderwith' any material Information) In oonnection with the loan evidenced by the Note, Including, but not limited to, representations concerning a1 Borrower's =upancy of lho Property as a principal residence. If this Security Instrument is on leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing. i 7. Protection of Lender's Rights to the Property. If Borrower falls to perform the covenants and agreements contained In this O Security Instrument, or there Is a legal proceeding that may significantly affect Lender's rights In the Property (such as a proceeding In a bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulatloas), then Lendermay do and pay forwhalever Is necessary ,- to protect the value of the Property and Lender's rights In the Property. Lender's actions may Include paying any sums secured by a lien, O which has priorityoverthis Security Instrument, appearing in court, paying reasonable attomeys' fees and entering on the Propertyto make to repairs. Although Lendarmay take action underthls paragraph 7, Landerdoes not have to do so. Any amounts disbursed by Lenderunder C this paragraph 7 shall become addillonol debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other O terms of payment, these amounts shall 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. V 8, Mortgage Insurance. If Lender required mortgage Insurance as a condition of making the loan secured by this Security 2 Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance In effect, Jr, for any reason, the mortgage Insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage � substantially equivalent to the mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect, from an alternate mortgage Ensurer approved by Lender. If substantially equivalent mortgage a Insurance coverage Esnot available, Borrower shall pay toL nde aacme�qs ti� sum equal to one -twelfth ofthe yearly mortgage Insurance premium being paid by Borrower when the Insurance yo la §edo Ito pe In effect. Lander will accept, use and retain there = payments as a loss reserve In lieu of mortgage insyuf e �l bs eserve ay § a no longer be required, at the option of Lender, If fA mortgage Insurance coverage (in the amount ail fo period that Lender m u 5 vided by an Insurer approved by Lander again becomes available and isobtained, Borrower aifFpp yhepremiumsrequlredloma tain outgagoInsurance ineffect.ortoprovide aloss op reserve, until the requirement for mortgage I um9�ends I ordance with any ' Ile n reemenl between Borrower and Lender or T" applicable law. / J c� maw"� f M 9. Inspection. Lender or Its ag nt y make fen nnA entries for} and nsp Ions of the Property, Lender shall give r Borfov,vr notice at the time of or prior to a finsp o fy g re s se 0 insp ction. 10. Condemnation. The pro ed f n r a diI di ct r consequential, in connection vAth an condemnation or other taking of any part of k�P p V.y orellarj TnIleuogrn de atidrr, are herrebyassigned and shall bepaid to p Lender. In the event ofa total taking ofthe f0pe a pplled, th s cured by this Security Instrument, whether 0) or not then due, with any excess paid to B 7[ r. In the event of a pal aking f th ro arty, In which the fair market value of the i Property Immediately before the taking is eq q` rgreaterthen the amours Jthe um as led bythls Security Instrument Immediately before the taking, unlessBarrowerandUndo a seagmelnvaiting,the�iris r this Security Instrument shall be reduced by 0 the amount of the proceeds mulOpiled by th(lopo fraction: (a) the total amdduu -6f jl}a urns secured Immediately before the faking, r dMded by (b) the fair market value of the Prope Wybefore the takin rr h nce shall be aid to Borrower. In tho evorl p partial taking of the Property inwhfchthe fair mark.mm �reP�Q erytmm lfore the taking Isless than the amount ofthe sums 2 secured immediately for thstaking. unless Borroweran Le d'rpEldertvis��1��eeesss�rwriMgorunless applicable fawotherMseprovides, the 0 proceeds shall be applied to the sums secured by this Se�u inty 'Sn t mfu 1 whether or not the sums are then due. Unless Lender and to Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly to payments referred to In paragraphs 1 or change the amount of such payments. V 11. Borrower Not Released, Forbearance By Lender Not a Waiver. Extenslon of the time for payment or modification of 0 amortization of the sums secured by this Secorily Instrument granted by Lender to any successor In Interest of Borrower shall not operate to release the Ilabilily of the original Borrower or Borrower's successors In Interest. Lender shall not be required to commence proceedings Q against any successor In Interest or refuse to extend time for payment orotherMse modify amortization of the sums secured by this Security 3 Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender In exercising any right or remedy shall not be a waiver of orpreciude the exercise of any right or remedy, V 42. Success ors and Asslg ns Bou nd; Joint an d Several liability; CoSlgners. The covenants and agreements of this Security R Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subjectio the Provisions or paragraph 17, Bonov ems Cal covenants and agreements shall bejolntand several. AnyBorrawendnoco-slgnsthisSectrritylnstrumentbutdoesnotexecutetheNote;(a) is co-signing this Security instrument only l0 mortgage, grant and convey that Borrower's. Interest In the Properly under the terms of this d Security Instrument; (b) Is not personally obligated to pay the sums secured by this Security Instrrme ni; and ic) agrees that Lendarand any otherBorrowermayagree to extend, modify, forbear or make any accommodations with regard to the terms of this Security lnstrumentorthe t Note without that Borrowees consent. V 13. Loan Charges, If the loan secured by this Security Instrument is subject to a tawwhEchsetsmaximumloancharges,andthat R law Is finally Interpreted so that the interest or other loan charges collected or lobe collected In connec lon with the loan exceed the permitted r limits, Ihen: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums Q 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 proytcled for In this Security Insirumen(shall be given by delivering it or by mallinR it by first class mail unless applicable law required use of another method. The notice shah he directed to the Prop" 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. 16. Governing Law; Saverabillty. Federal law and the law of thejurisdictfon in which the Property Is located shall govern this Security Instrument. 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 PfOVISIOnS of Ws Security Inshvment or the Note which can be given effect without the conflicting provision. To this end the provislons of this Security Instrument and the Note are declared to be severable, 16, Borrowers Copy, Borrower shall be given one conformed copy of the Note and of Ihfs Security Instrument. 17. Transfer of the Property oraBeneficial Interest InBorrower. If all crony partofthe Property or any interest in it Is sold or transferred (or 4 a beneficial Interest In Borrower Is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at Its option, requlre fmmediato payment In full of all sums secured by this Security Instrument. However, Lender shall not exercise this option if federal law as of the date of this Security instrument prohibits exercise. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by -this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. L —,,ea,wp Packet Pg. 1351 *** OR 4504 PG 346B *** 16.D.13.e FORH o 48. Borrowers Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the eariier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale Of the Property pursuant to any power of sale contained in this Security instrument; or (b) entry of a Judgment enforcing thla Security Instrument, Those condillons are that Borrower. (a) pays Lenderall zurnswNch (hen would be due underthis Security Instrument and the Note as If no acceleration had occurred; (b) cures and default of any olher covenants or agroements; (c) pays all expenses Incurred In enforcing this Security InsImmenl, Including, but not limited to, reasonable attomey's fees; and (d) takes such action as Lender may reasonably require fo assure that the lien of ihls Soeud€y Instrument, Lender's rights in the Property and Borrowees obligation to pay the sums secured by this Securtty Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hornby0all remain fully effective as line acceleration had occurred, However, INS right to reinstate shall not apply In the case of acceleration under paragraph 17, 19, S ale of Note; Change of Loan Servicer, The Note or a partial Interest In the Note (together with this Security Instrument) may besold one ormore timeawlthoulpriornotice toBorrower. Asale may result Inachange Inthe entity (knovmasthe "Loan Servicef)that collects monthly payments due under the Note and this 5ecurityInstrument. There also maybe one or more changes of the "an Servicer unrelated to a sale of the Note, if them Is a change of the Loan Servicer, Borrower Wit be given written notice of the change In accordance d with paragraph 14 and applicable law, The notice Wit state the name and address of the new Loan Servlcer and the address to which � payments should be made. The notice wilt also contain any other in formaiton required by applicable law.tM 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on orin the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Properly that Is In O vlofa€loaofany Environmental Law. The, preceding two sentences shall not apply to the presence,use, or storage on the Property ofsm oil a quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of (he ,- Property. Borrowar shall promptly give Lenderwrittan notice for any investigation, claim, demand, lawsuit or other action by anygovemmental O or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has to actualknowledge, If Bortowef teams, or It. notified by Any governmental or regOatery authority, that any removal or other remedlaflon of any a Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions In accordance with O Environmental Law. As used In this paragraph 20, "Hazardous Substances" are those substances defined as €oxfo or hazardous substances +r by Environmental Law and the following substances: gasoline, kerosene, other Ilammable ortoxle petroleum products, loxlepestlemes and v herbicides, volatile solvents, materials containing asbestos or lomtaldehyde, and radioactive materials. As used in this paragraph 20, 42 "Environmental LavP means federal taws and laws of the Jurtsdfciton where the Properly is located that relate to health, safety or N environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to ameleration following Darrower's breach of any covenant or agreement In this Sccurlty Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides a otherwise).The notice shall specify; (a)(he default; (b)the ctio a ocurelhedefault; (c)adate, not less than 30days from The date the notice Is given to Borrower, by which the default m st1�ec� Tl (dilh�l j lure to cure the default on or before the date specified in = the nOtice may result in acceleration of the sums s rf3db}l.ihl ecusl n [nJ F otec)osure by Judicial proceeding and sale of the fA Property. The notice shall f0dor inform Rorro r• � �nght to reinstate afft lion and the right 10 assert in the foreclosure preceding the non-exWence of a default or any th rf Tense of Borrower to accele Ion a d foreclosure, if the default is not cured on or 00 before the date specified in the notice, Lend at' Qption may red y re immediate $yme t In full of all sums secured by this Security Inslrumenlwlhoutfurlherdemandandmay rod set iSSe�urityns t yJudfciafQQrO ding, Lendershall be entitled to collect all c� expensasincusredinpursuinglheremedies ravl edlnihlspa r p 1,inclu in,bu!€r�if:mtedto, reasonable attorney'sfees and costs r of the title evidence. 1 22. Release. Upon payment of aIsu s cure by hi So 'I J s n en era. 11releasothis Security Instrument Wthout � charge, to Borrower, Borrower shall pay aye rd tion st.. O 23.Attomeys'Fees.Asused In Ise s t dh Note," to e e"sha9tInclude any attomeys'fees awarded ;) by an appellate taut, C O 24.Riders tothis Security tnstru Ifoneormore riders are a tile by or rand recorded logethefwiththis Secvdty L instrument the covenants and agreements a � chrider shall beIncorp di to � iiamend and supplement the covenants and 0 agreements of this Security Instrument as If th tic er were a part of this Seculsl ot. (Check Applicable Box) r ❑ Adjustable Rate Rider D j, ate IovrtfR der E7J Condominium Rider El Graduated Payment Rider Id"er L�_r Second Home Rider to Balloon Rider Biweekly Payment Rider 1 J Planned Unit Development Rider V Olher(s) (specify p SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security instrument and in any riders) Q executed by Borrowerand retarded with it. 3 Signed, sealed and delivered In the presence of: �C WinessSignature: ,Signature:, YP---teO�l ��G�.n Borrower Heyde 0bregon m Witness Pdnt Name: E �• 1�� Signature: Borrower Witness Signature; nac. �7 d Witness Print Name: t'ln6c ru- - ! z ' Address: 5249 Alabama Avenue V Naples F'I., 34113 R STATE OF FLORIDA COUNTY OF COLLIER Q I hereby certify that on this day, before me, an ofRcerduly authorized In the state aforesaid and in the county aforesaid to take acknowiecigomenls, personally appeared Heyde Obregon to me known to be the person(s) described In and who executed the foregoing Instrument and acknowledged before me that HE/ SH&THEY executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this lY day Of 200-9-2-, MyComml ``` 'f O r�r�Njot-Publlo'sSignature 14_6r.2-t.Gi �yU llt�if _�� uy Comm, tcxpltas �; O No€aryls Printed Narne August 29, 2010 ; No, OD $90338 .wed. wp Packet Pg. 1352 16.D.13.f Cof fier Count Public Services Department Community & Human Services Division August 26, 2020 Sarah Stiehl Escrow Agent 5150 Tarnianni Trail N, Ste. 603 Naples, FL 34103 Re; Payoff Letter — Joseph E. Torres 4430 Botanical Place Cir, #105 Naples, FL 34112-Unit 8-105 Botanical Place Payoff #1 Mortgage/Lien Type Date Recorded OR Boolc/Pa e Amount Due SHIP Second Mortgage - File #05-090 10/02/2006 4114/2130 $19,500.00 Payoff #2 Mortgage/Lien Type Date OR Total Amount Recorded Boolc/Pa a Due Affordable Housing Density Bonus I0/02/2006 4I77/0377 $0.00 Lien Aereernent Payoff #3 Lien Agreement Type Date OR Amount Due Recorded Book/Page Countywide Impact Fee 09/08/2006 4102/2390 $7,158.27 — Original Lien Deferral - File #06- $1,789.57 — Interest* 0171F $8,947.84 - TOTAL *Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. This pay-off amount is good through October 25, 2020. (D Community & Human Services Division • 3339 Tominmi Trail Eas(, Suite 211 - Naples, Florida 34112-5361 239-252-CARE 12273) - 239.252-CAFE (2233) , 239.252-4230 (RSVP) • w wu.colliergov.noffhimonservices co N d 0 r Q Packet Pg. 1353 16.D.13.f 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 Counq Commissioners" and delivered to: Community & Human Services Division Attn: Lisa Carr- pay-off 3339 E. Tamiami Trail, Suite 211, Naples, FL 34112 Please include a separate cheep in the amount of $10.00 for each Payoff amount made payable to, Collier County Board of County Commissioners for the cost of recording. Sincerely, Lisa N. Carr Senior Grants Coordinator Packet Pg. 1354 16.D.13.f �, � 'ax7 aas�raR �« 'Pa7rrsui ss,nrta,{x;�.,.aag � 1 m g 0 1rn m rl o CV c f o WL m d i xWW N [j �.`� ozv; in 93. LL 5 6 �" 4LI oc rs T N uj is 40 1 Packet Pg. 1355 m •�eQ oe S.xisa � 'PaPNnl�aMleej FNnnig _¢ i a N 0 NC N 0 0 OW3 `s km °am w Xn$o'z � g y r�^ v J Q 16.D.13.f d m O w O LA C 0 V r m Co a 00 M W i 0 H O U) to 0 0 a L) m a Packet Pg. 1356 16.D.13.f 0110 19501.00 ~) r SECOND MORTGAGE DOC-.35 68.25 Reta: 3910176 OR; 4114 PG; 2130 CRBFPT PASSINKO 8R AL RBCORDID in the 0111CUL RECORDS of MUM COOKT4, FL 821 $79 Avg S 001 10/02/2006 at W NAK OAIGRT K, BROCK, CLIRK KAPLIIS FL 34102 THIS SECOND MORTGAGE ("Security Instrument") is given on September , 2006, The Second Mortgagor is: Joseph E, Torres, WA*6oP ondi€M Ot 5`4)+'• V! ("Borrower"). This Security Instrument is given to Collier county ("Landar'), w ch is organized and existing under the laws of the United States of America, and whose address is 2800 North Horseshoe Drive, *400, NaEles,_ Florida 34014 , Borrower owes Lender the sum of Nineteen Thousand Five Hundred and No/100ths Dollars (U.S. $ 19, 500. 00), This debt is evidenced by Borrowers Noto dated the same dale as this Security Instrument ("Second Mortgage"), which provides for monthly payments, with the full deist, if not paid earlier, due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications; (b) the payment of all other Sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described properly located in Collier County, Florida, on om ni 1I'� (P =,l As more particularly described as UnitB-f06,� a Ica Place, A Con ominiufn, ccording to the Declarado of Condaminlum 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"): 4430 8otanieal Place, Circle, #105, Naples, Florida 34112 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, ail and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. AI replacements and addillons shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawful!"sized-of1ho estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbefe , xebof e c �7a ces of record. Borrower warrants and will defend generally the title to the Property against all claims and de an , u tear -an n t b r s of record. THIS SECURITY INSTRUMENT combin to rTf covenants for nano � nd non-unlform covenants with limited variation by jurisdiction to constitute a uniform security Instru ering real properly. , UNIFORM COVENANTS. Barcawer nd L encovan nt and agree, as fat 1. Payment of Principal and Inter at; P ep4)rr�mknt arld-Late,Gh5T as, Bo owe shall promptly pay when due the principal of and Interest on the debt evidenced by the Note. 2. Texas. The Mortgagor will pay Ilia s is Tat to prior is the accrual of any penalties or interest thereon. V The Mortgagor shall pay or cause o b al , as t e a e r sly co e yye, j(1) all taxes and governmental charges of any Wind whatsoever which may at any time be I �gi s s re o 4 st or lh s dCt t the Property, (2) all utility and other charges, Including "service charges", incurred or Imp �d r the operation, mainlenapce, us o y, upkeep and Improvement of the Property, and (3) all assessments or other governmental c gl� that may lawfully be paid rj Inst IIm er a period of years, the Mortgagor shall be obligated under the Mortgage to pay 0r cause r old only such ind to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the o Q forward to Mortgage eery uch payment. 3. Application of Payments, Unless I IQ taw provides atherws a�l p rents received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any t e ue under e- of 4. Charges; Liens. Borrower shall pay all t �a, gsbmen §� tg� nos and Impostllons attributable to the Property which may attain priority over this Security Instrument, and leasehold i5ay#rt—TI21 dr gt d rants, if any. Borrower shalt promptly furnish to Lender all nollces of amounts to be paid under this paragraph, and all receipts e--WJncing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien Ina manner acceptable to Lender; (b) contests in good Will the lien by, or defends against enforcement of the lien In, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the Ilen; or (0) 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 nodco Identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards Included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This Insurance shall be maintained In the amounts and for the periods that Lender requires. The Insurance carrier providing the Insurance shall be chosen by Borrower subject to Leaders approval which shall not be unreasonably withheld. If Borrower falls to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lenders rights In the Property In accordance With paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain Insurance with respect to the Premises against such risks and for such amounts as are customarily Insured against and pay, as the same become due and payable, all premiums In respect thereto, including, but not limited to, all-risk Insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily Insured against (including boiler oxploslon, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All Insurance policies and renewals shall be acceptable to Lender and shall Include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair Is economically reaslNe and Lender's security is not lessened, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shalt be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the Insurance carrier has offered to settle a cialm, then Lender may collect the insurance proceods. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period wit# begin when the notice Is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to pdncipai 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 Properly 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; Borrowers Loan Application, Leaseholds. Borrowershall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be Unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be In default if any forfeiture action or proceeding, whether civil or criminal, is begun that In Lenders rood faith �a T Q Packet Pg. 1357 OR; 4114 PG; 2131 16.D.13.f Judgment could result In forfeiture of the Property or otherwise materially impair the lien created by this Security instrument or Lender's security Interest. Borrower may cure suds a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dlsmissed with a ruling that, In Lender's goad 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. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or Inaccurate information or statements to Lender (or failed to provide Lender with any material Information) In connection with the loan evidenced by the Note, Including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument Is on a leasehold, Borrower shall comply with all the provision of the leas a. if Borrower acquires fee title to the Property, the leasehold and the fee title shaft not merge unless Lender agrees to the merger In writing. 7. protection of Lender`s Rights In the Property. if Borrower falls to perform the covenants and agreements contained in this Security Instrument, or there Is a legal proceeding that may significantly affect Lenders rights in the Properly (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever Is necessary to protect the value of the Property and Lender's rights In the Property. Lenders actions may Include paying any sums secured by a ken which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Inslrumonl, Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment. 8, Mortgage Insurance, If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance In effect, If, for any reason, the mortgage Insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect, from an alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage Insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage Insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and Is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, untll 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 consequentlal, In connection with any condemnation or other taking of any part of the Property, or for conveyance In lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, In which the fair market value of the Property Immediately before the taking Is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise agree In writing, the sums secure yAbls Security Instrument shall be reduced by the amount of the proceeds multlpl led by the following fraction: (a) the total amount o9hetrp or 1` m lately before the faking, divided by (b) the fair market value of the Property immediately before the taking. Any b�ar�csj�paiiCr In the event of a partta€ taking of the Property in which the fair market value of the Property Immediately a h aking Is Iess lharrl0 l of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in fit�nc (unless applicable law�ot ry4iit rovides, the proceeds shalt be applied to the sums secured by this Security Instrument whether or of th sums are then due. Unless L der d Borrower otherwise agree In coating, any application of proceeds to principal shall note end r �Ippc I .4.e-da f the me thly ayme.te referred to In paragraphs 1 or change the amount of such payments. 11. Borrower Not ReIsased, 1 or sar pe epd t 1H iv t s n of he 11me for payment or modification of amortization of lice sums secured by this So urily s ut g an b de a u ces r in interest of Borrower shall not operate to release the liability of the or€glnal Borrower r Bo tow es s co ss rs n In j re n r s all t be required to commence proceedings against an successor in Interest or refuse t n t e r b herwis m dif m ization of the sums secured b this Security ag Y � Y Y Instrument by reason of any demand made e o ghF I Bar awl o ers as O&V interest. Any forbearance by Lender In exercising any right or remedy shall not be a of or preclude the exercl of a y n t''o emacy, 12, Successors and Assigns Bou I, nt and Several Liabl111 igp re he covenants and agreements of this Security instrument shall blind and benefit the successor s� d sslgns of Lender and ef. Ct to the Provisions of paragraph V. Borrowers coverian nO reements shall be jolnl rf s ��raS, Any Borrower who cosigns this Security Instrument but does not execute the Note; (a) is co6� th Security Insl V. ,fo mortgage, grant and convey that Borrowers Interest In the Property under the terms of this Security lnslru e1nf; ( ) Js chip y�Yl�g ad to pay the sums secured by this Security instrument; and (c) agrees that Lender and any other Borrower may a`gre$tee forbear or make any accommodations with regard to the terms of this Security Instrument or the Note w€thoul that Borrowers co an. 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 tv 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 shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided In this paragraph. I S. Governing Law; Severability, This Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property Is located. In the event that any provision or clause of this Security Instrument or the Nato conflicts with applicable law, such Conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable, 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument, 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest In it Is sold or transferred (or y a benefciai 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 got less than 30 days from the date the notice is delivered or malted within which Borrower must pay all sums secured by this Security Instrument. if Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke arty remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Rainstate, If Borrower meets certain condillons. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained In this Security instrument; or (b) entry of a judgment enforcing this Security Instrument, Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security instrument, including, but not limited to, reasonable attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien of thfs Security Instrument, Lenders rights In the Property and Borrowers obligat#on to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 19. Sate of Note; Change of Loan Sarvicer. 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 Servicef unrelated to a sale of the Note. If there €s a change of the Loan Servicer, Borrower will be glean written notice of the change in accordance with �a T Q Packet Pg. 1358 16.D.13.f *** OR: 4114 PG; 2132 *** paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other Information required by applicable law. 20. Hazardous Substances. Borrower shalt not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim; demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Envlronmentat Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remedialton 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 flammabie or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used In this paragraph 20, "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify; (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given fa 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 Properly. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert to the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured on or before the date specified in the notice, 0Cul Lender, at its option, may require immediate payment in full of all sums secured by this Security instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred In pursuing the remedies 0 provided in this paragraph 21, including, but not limited to, reasonable attorneys fees and costs of the title evidence, a 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without `- 0 charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Feas, As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' Foos awarded by C an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security r—, Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and R agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check Applicable Box) to ❑ Adjustable Rate Rider ❑ Rate Improvement Rider ❑ Condominium Rider R ❑ Graduated Payment Rider ❑ 1-4 Family Rider y �� ❑ Second Home Rider El Balloon Rider ❑ Biweekly fp t gt co ned Unit Development Ridera_ E]Olher(s) (specify SIGNING BELOW, Borrower accepts and agr as t the�rrss anwverrant6' onlain in €hi Security Instrument and in any rider(s) executed00 by Borrower and recorded with it. ti Signed, sealed and delivered in the presen of: Jr!k� Witness#t: rg a ' e: Berre r Jggq)Kfnh E. Torra.9 Signature: kZi ao, / i 0 Witnes02: I f.(- f Signature. Y'l� Co- Borrowr� Signature: V `�. C� C ^y� , l y j�� tO 11 AdttregC 4430 .Botanical Place Cirole, #105 V Naples, Florida 34112 0 STATE OF FLORIfD,�. p COUNTY Or 3 I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and In the county aforesaid to take R acknowfedgemenis, personally appeared Joseph E. Torres to me known to be the person(s) described in and who executed the foregoing m r e same for the purpose therein expressed. instrument and acknowledged before me that (He/ shef th4NotaryP C 4) E t WITNESS my hand and official seal in the County and Sti of M 20d, R My Commission Expires: r-+ Q Signature (Seal) Notary's Printed Name y„!:4., t(R[$TINALYNNUNKRICH Notary Public • State of Florida =may Comrrbslprl ��BL ,d Ccvrwrbalon # 00 3W2f0 Barged $yNdBaulNotarYAwt File#: 05-090 Packet Pg. 1359 Cp (BB B:PoW 10 Suo|o! ns|e■S d HS:BUC L'9 W9 $ OZ'LZ'ft dVS :4u8wl43844V n � k § n CD / § a e e / Ln U'� � . | w . . . \ } \04 kCD CD +CL CD CD 4 2 u u u LU _ § \ \ \ s } } \ ? E q [ L \ \ \ / / k q r 3 ] ] � § / / 2 } \ \ \ q