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Agenda 10/26/2021 Item #16D 5 (9 Mortgage Satisfactions - Executive Summary)
16.D.5 10/26/2021 EXECUTIVE SUMMARY Recommendation to approve and authorize the chairperson to sign nine (9) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $63,320 and the associated Budget Amendments. OBJECTIVE: To support the affordability of housing in Collier County through State Housing Initiatives Partnership (SHIP) down payment and emergency repair and/or rehabilitation assistance programs. CONSIDERATIONS: SHIP, a state affordable housing program, offers assistance to first-time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home, and rehabilitation assistance to homeowners for rehabilitation to their homesteaded property. As a condition of award, the homeowner must repay the assistance provided upon sale, refinance, or loss of homestead exemption. The following table provides details regarding the associated mortgages that have been repaid in full and those that have fulfilled the affordability period, therefore are forgiven. As such, satisfaction of mortgages is required. File # I Name I Public Record 04-161 I Craig L. Callis I OR 3630/PG 1749 05-089 I Douglas A. Cuenca I OR 4104/PG 0536 00-266 Judith Glover and Jodi OR 2662/PG 1709 I Glover 99-128 I Alice Joy Hancock I OR 2568/PG 1383 00-344 J. Primitivo Hinojosa and OR 2669/PG 3029 I Socorro Munoz Hinojosa I N/A I Charis Nelson I OR 2182/PG 0462 02-025 I Miguel and Narciza Ramos I OR 2884/PG 0566 09-289 Diana L Rodriguez and OR 4614/PG 1390 I German A. Baca I 00-350 I Marion D. Williams I OR 2661/PG 2520 Total Mortgage Amount I Payoff Amount $10,000 I $10,000 $18,000 I $18,000 $2,500 I $0 $5,000 I $0 $2,500 SO $15,000 SO $2,500 I SO $5,320 S5,320 $2,500 SO $63,320 $33,320 Approval of these items will authorize the Chairperson to sign the aforementioned mortgage satisfactions and the executed documents shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The repaid amount of $33,320 satisfies the payoff amounts. These repayments are considered program income and have been deposited in SHIP Grant Fund (791), Project 33759. Deposited funds will be used for SHIP eligible activities. The Budget Amendment recognizes $33,320 in program income, of which five percent (5%) will be used as Administrative funds. Recording fees of $10 have been paid by homeowners, Callis, Cuenca, and Rodriguez/Baca. The $10 recording fees for all the others will be paid by SHIP Grant Fund (791), Project 33759. 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. Packet Pg. 1182 16.D.5 10/26/2021 RECOMMENDATION: To approve and authorize the chairperson to sign nine (9) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $63,320 and the associated Budget Amendments. (Net Fiscal Impact $33,320) Prepared By: Lisa N. Carr, Senior Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1. SOM-SHIP (PDF) 2. Backup Docs SOM-Callis (PDF) 3. Backup Docs SOM-Cuenca (PDF) 4. Backup Docs SOM-Glover (PDF) 5. Backup Docs SOM-Hancock (PDF) 6. Backup Docs SOM-Hinojosa (PDF) 7. Backup Docs SOM-Nelson (PDF) 8. Backup Docs SOM-Ramos (PDF) 9. Backup Docs SOM-Rodriguez & Baca (PDF) 10. Backup Docs SOM-Williams (PDF) 11. SAP $33,320 10.26.21(PDF) Packet Pg. 1183 16.D.5 10/26/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.5 Doe ID: 20093 Item Summary: Recommendation to approve and authorize the chairperson to sign nine (9) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $63,320 and the associated Budget Amendments. Meeting Date: 10/26/2021 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Lisa Carr 09/14/2021 2:39 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 09/14/2021 2:39 PM Approved By: Review: Community & Human Services Leslie Davis Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Community & Human Services Jacob LaRow Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Operations & Veteran Services Todd Henry Additional Reviewer Operations & Veteran Services Jeff Newman Additional Reviewer Public Services Department Todd Henry Public Services Department Public Services Department Dan Rodriguez PSD Department Head Grants Erica Robinson Level 2 Grants 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 Growth Management Operations Support Christopher Johnson County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 09/14/2021 3:03 PM Completed 09/17/2021 4:46 PM Completed 09/21/2021 1:40 PM Completed 09/22/2021 3:32 PM Skipped 09/23/2021 7:36 AM Completed 09/23/2021 7:52 AM Completed 09/24/2021 12:06 PM Completed 09/27/2021 11:36 AM Completed 09/27/2021 11:45 AM Completed 10/04/2021 3:05 PM Completed 10/04/2021 3:42 PM Additional Reviewer Completed Completed 10/04/2021 4:40 PM Completed 10/12/2021 10:17 AM Completed 10/14/2021 11:45 AM 10/26/2021 9:00 AM Packet Pg. 1184 16.D.5.a Prepared by: Karina Bardales Collier County Community and Human Services 3339 E. Taniiami 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 liolder(s) of a certain Mortgage executed by Craig L. Callis to COLLIER COUNTY, dated 08/20/2004 and recorded on 08/24/2004 in Official Records Book 3630 Page 1749 of the Public Records of Collier County, Florida, having met the affordability housing obligation associated with the $10,000.00 of SHIP fiends 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 sane as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the sane of record. This Satisfaction of Mortgage was approved by the Board of County Con-u-nissioners on 2021, Agenda Item Number ATTEST: CRYSTAL K. KINZEL, CLERK , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney (X\ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA LIM PENNY TAYLOR, CHAIRPERSON �"" N 0 Packet Pg. 1185 16.D.5.a Prepared by: Karina Bardales Collier County Coannnuiity and Hunnaii Services 3339 E. Tamiaini Trail Naples, FL 34 112 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 Douglas -A. Cuenca to COLLIER COUNTY, dated September 7"' 2006 and recorded on September 12th 2006 in Official Records Book 4104 Paine 0536 of the Public Records of Collier County, Florida, securing a principal sum of $18 000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. 1COLLIER 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 X 6.D. 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 in PENNY TAYLOR, CHAIRPERSON n Packet Pg. 1186 16.D.5.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 Judith Glover and .Toth Glover to COLLIER COUNTY, dated _April _5, 2000 and recorded on 04/12/2000 in Official Records Book 2662 Palze 1709 of the Public Records of Collier County, Florida, securing a principal sum of $2,500.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. ,COLLIER COUNTY hereby acknowledges satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This`Satisfaction of Mortgage was approved by the Board of County Commissioners on Agenda Item Number 16.D. ATTEST: CRYSTAL K. KINZEL, CLERK By: , DEPUTY CLERK Approval for forth and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRPERSON Packet Pg. 1187 16.D.5.a Prepared by: Maria Aldana Collier County Community and Human Services 3339 E. Tamiarni 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 Alice Joy Hancock to COLLIER COUNTY, dated July 1,1999 and recorded on 07/08/1999 in Official Records Book 2568 PaLye 1383 of the Public Records of Collier County, Florida, securing a principal sum of $5,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges 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 16.D. ATTEST: CRYSTAL K. KINZEL, CLERK ,DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney C;- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRPERSON Packet Pg. 1188 16.D.5.a Prepared by: Maria Aldana Collier County Community and Hunan Services 3339 E. Tamiarni 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 TAMIAME TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by J. Primitivo Hino'osa and Socorro Munoz Hino'osa to COLLIER COUNTY, dated April 21, 2000 and recorded on 05/01/2000 in Official Records Book 2669 Page 3029 of the Public Records of Collier County, Florida, securing a principal sum of $2,500.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. ,COLLIER COUNTY hereby acknowledges satisfaction of said Mortgage, and surrenders the sane 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 1 6.D. ATTEST: CRYSTAL K. KINZEL, CLERK I0 , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRPERSON Packet Pg. 1189 16.D.5.a Prepared by: Maria Aldana Collier County Community and Homan Services 3339 C. 'l'amiami 'frail 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 Claris Nelson to COLLIER COUNTY, dated March 12, 1996 and recorded on 05/13/1996 in Official Records Book 2182 Page 0462 of the Public Records of Collier County, Florida, securing a principal sum of $15,000.00, 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 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 16.D. ATTEST: CRYSTAL K. KINZEL, CLERIC , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA IIn PENNY TAYLOR, CHAIRPERSON Packet Pg. 1190 16.D.5.a Prepared by: Maria Aldana Collier County Community and Human Services 3339 E, Taiuianti 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 Miguel and Narciza Ramos to COLLIER COUNTY, elated August 23, 2001 and recorded on 08/30/2001 in Official Records Boole 2884 Page 0566 of the Public Records of Collier County, Florida, securing a principal sutra of $2 5�0 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 16.D. ATTEST: CRYSTAL K. KINZEL, CLERK 13 ,DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRPERSON Packet Pg. 1191 16.D.5.a Prepared by: Karina Bardales Collier County Community and Human Services 3339 H. Tamiami Trail Naples, FL 34112 SATISFACTION OF MORTGAGE THIS SPACE FOR RECORDING 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 Diana L. Rodriguez and German A. Baca to COLLIER COUNTY, dated 09/30/2010 and recorded on 10/13/2010 in Official Records Book 4614 Page 1390 of the Public Records of Collier County, Florida, having met the affordability housing obligation associated with the $5,320.00 of SHIP fiords 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 2021, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By: , DEPUTY CLERK - Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney �� �VIN C�\d By: PENNY TAYLOR, CHAIRPERSON Packet Pg. 1192 16.D.5.a Prepared by: Maria Aldam 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 Marion D. Williams to COLLIER COUNTY, dated March 31, 2000 and recorded on 04/10/2000 in Official Records Boolc 2661 Page 2520 of the Public Records of Collier County, Florida, securing a principal sum of $2,500.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. ,COLLIER COUNTY hereby acknowledges satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on , Agenda Item Number 16.D. ATTEST: CRYSTAL K. KINZEL, CLERK LEI , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRPERSON Packet Pg. 1193 i f Public,.SeMoes: Depaftent Community &; Human S.aMces division August 10, 2021 Shirlene Prevatte Title Processor Paradise Coast Title & Escrow 2670 Airport Road S. Naples, FL 34112 Re: Payoff Letter -Craig L. Collis 14890 Pleasant Bay Lane ##3208 Naples, FL 34119 File #04-161 Mortgage Type Date Recorded OR Boolt/Page Amount Collier county SHIP Second 08/24/2004 3630/1749 $10,000,00 Mort a e Total Amount Due ' ,"� i� «` '�t�t1 *'���- �>�t �i:`.rs:,;��:s�� $10,000.00 Y)�i�: Y.�` No payment will he 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: a c,collectorsolutions,com ma lc-ul onet[me a ment cchs Or Payment should be made to `Collier County Board of County Commissioners" and delivered to: Community & Human Services Division Attn: SHIP Payoff 3339 E. Tamiami Trail, Suite 211 Naples, FL 34112 Sincerely, Lisa N. Carr Senior Grants Coordinator Communtty and Human Services Making Our Community stronger, One fife, One Home, one project o Time a ca a cou t t a (New Errmoll Address),jam Community & Human Setvicea i 191oll - 3339.'Camlami Trlili East, Srille 211 P Noplos, Florida 34112.5361 239-752-CARE (2273) - 239.257.-CAFt (2233) • 239.252.4280'(RSVP) ,►wnv,colllorgov.noUhumensorvites Packet Pg. 1194 LQTTES LAW GROUP, PLLC TRUST ACCOUNT PAY TO THE Collier County Board of County Commissioners ORDER OF Ten Thousand Ten ,And. 001100 Collier County Sward of County Cpmsnissloners R d Paygff i 2021-33625 LOTTES LAV� GROUP, PLLC To: Collier County Board of Cuunly Contanlssloners Property Address: 14890 Pkas�nt Buy I pno 03208 Naples, PL 34119 BuyerMorrowar: Hugeuc Dotsenko and Darya DoNauko Selkr: Craig L. CAllis Listing Agent: Gleap Bradley Selling Agent: MAya 1snlailova Snits Price: $156,000,00 ARIOLU : $10,010.00 Memo. &cond Payoff/ 2421-33625 EBAIN 84-7041/2652 (r,4 SIrNI 08130/2021 0 08/30/2021 10,010.00 16.D.5.b DOLLAF tl x Cl) 2 p AMHO RITE D SIGNAM URE cm r=cx_.''�::,: n- z::_�r?"Ys..•.'. r"y'.a.,-'�9—...P:....xF.s. i 2 244 1 C In U ' O 0 ! a � Amount Breakdown Y f U Sesand PIPIT 10,a 1 o.ao m c t U r Q Packet Pg. 1195 3463155 OR; 3630 PG; 1 16.D.5.b ucann in OnIan P, ems of cOLLI10t mi, n 08/21/2001 at 01:51M MIGIT 1. It=, CUB SECOND MORTGAGE Oils 11011,11 0111 10111.11 DOC-35 35.00 seta: GAILICI IT WI IT AL Net D! THIS SECOND MORTGAGE ("Security Instrument") is given on August 21 , 2004. The Second Mortgagor is: Craig L. Callis, A Single Person ("Borrower'). This Security Instrument is given to Collier County ("Lender'), which is organized and existing under the laws of the United States of America, and whose address is 2800 North Horseshoe Drive, #400 , Naples Florida 34014 . Borrower owes Lender the sum of Ten Thousand and No/100ths Dollars (U.S. S 10, 000. 00 ). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument ("Second Mortgage"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Col lie_r 11 Cqunty, Florida. 3208, Building 3, Phase 3, Vanderbilt Place, A Condominium, Collier County, Florida and which As more particularly descnbe�_ rill has the address of: ("Property Address"): l Q,,Pleasant Bay Lane, #3208, Naples, Florida 34119 TOGETHER WITH all the imprKements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All ri replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as "Property". = the BORROWER COVENANTS that Borrowr is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. p rn THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variation by co rn jurisdiction to constitute a uniform security instrument covering real property. c UNIFORM COVENANTS- Borrower and Lender covenant and agree as follows: 04 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. N — 2. Taxes. The Mortgagor will pay all taxes, assessni°eht`s ' wer rents or water rates prior to the accrual of any penalties or interest U thereon, The Mortgagor shall pay or cause to be paid, as the srispe�tively become due, (A)(1) all taxes and governmental charges of O any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property, (2) all utility and other charges, including "service charges", incurred or imposed for the operation; maintenance, use, occupancy, upkeep and improvement of the N Property, and (3) all assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Q Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term G of the Mortgage, and shall, promptly after the payment of an of the foregoing,forward to Mortgagee evidence of such payment. P PY PY YPY c 3. Application of Payments. Unless applicable law provides otherwise _all payments received by Lender shall be applied; first, to = interest due; and, to principal due; and last, to any late charges due under the Note 4. Charges; Liens. Borrower taxes, @ shall pay all assessments, charges fliift'land impositions attributable to the Property which m may attain priority over this Security Instrument, and leasehold payments or roupd-re Y P Y Y p y g )Sts, if any. Borrower shall promptly famish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing this payments Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to m 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 s enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from v 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 Q the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 6. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain.insuranoe with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to , all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30- day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 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 to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as 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 good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders / Packet Pg. 1196 OR: 3630 PG: 175 16.D.5.b security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or 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 title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and 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, until the requirementfor mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. f 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any partof 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 secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released, Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Cosigners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borrowers covenants and agreements shall be jointandseveral. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terns of this Security Instrument, (b) is not personally.obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend,' modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrow lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If aflefuhd reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 3, 114. Notices. Any notice to Borrower provided for in this Security Instrument shall be`given by delivering 0 or by mailing it by first Gass mail unless applicable law required use of another method. The notice shall be directed to'the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrowers Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred, (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. a_ 2 N M CD 0 0 Packet Pg. 1197 *** OR: 3630 PG: 175 16.D.5.b 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured, and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upon paygnent of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. BorcowefstAll ay any recordation costs 23. Attorneys' Fees se m this Security Instrument and the Note, "attorneys' fees" shall include any attomeys' fees awarded by an appellate court. 24. Riders to this Secur4y Irrsirument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agfeerh is of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security InstrumeRi as if he rider(s) were a part of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider Rate Improvement Rider ❑ Condominium Rider ❑ Graduated Payment Rider ❑ 1-4 Family,Rider El second Home Rider ❑ Balloon Rider ❑ Biweekly' Payment Rider ❑ Planned Unit Development Rider ❑ Other(s) (specify SIGNING BELOW, Borrower accepts and agrees to executed by Borrower and recorded with it. Signed, seal d delivvence of Witness#1: W a n (GL d /S7f�T(i�l Signature: Witness#2: Al C /r cws Signature: STATE OF FLORIDA " COUNTY OF 31 1, 1 L{� covenants contained in this Security Instrument and in any rider(s) ature: Mr►ower Craig L. Callis Signature: Co Borrower, - Address::, Q leasant Bay Lane, #3208 N�� t-i N Florida 34119 j �f I hereby certify that on this day, before me, an officer duly authorized in the state afores and in the county aforesaid to take acknowledgements, personally appeared Craig L. Callis to me known to be the person(s)d4riued'in and who executed the foregoing � f instrument and acknowledged before me that (He/ she/ they) executed the same for the purpose•there expressed. WITNESS my hand and official seal in the County and State aforesaid this dt day of,20. My Commission Expires: _ (Seal) Notary Public's Signature Notary's Printed Name File#: 04-161 Wenke O Brardes My commss" DD139364 1`4 d� Expires October 06. 2W6 Packet Pg. 1198 From: Shirlene Prevatte To: CarrLisa Cc: Rachel DeSimone Subject: 14890 Pleasant Bay Lane #3208 Date: Tuesday, August 10, 2021 11:35:03 AM Attachments: Collier County Second Mortaaae.odf Payoff Request-14890 Pleasant Bay.docx Third Party Authorization.odf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Lisa, See attached Second Mortgage and the request. Shirlene Prevatte I Title Processor Law Office of Sam J. Saad III Paradise Coast Title & Escrow p: 239-963-1635 ext. 1014 1 f. 239-791-1208 e: snrevatte 12aradisecoasttitle.com a: 2670 Airport Road S, Naples, FL 34112 PROTECT YOURSELF FROM WIRE FRAUD: NEVER wire funds using instructions that have not been independently verified. BEFORE wiring any funds call our office to verbally verify our wire instructions. CONFIDENTIALITY NOTICE: This email/fax may be a privileged and confidential communication. If you have received it in error, please notify the sender and delete the message immediately. Any dissemination, distribution, or copying of this communication is strictly prohibited. El _ x co 2 O M CD 0 0 N Packet Pg. 1199 16.D.5.c sc 2'! 080570 CIP, �111-211r. County Public Services Depadment Community & Human Services Division August 25, 2021 Claudia Chavez Action Title Services, LLC 3733 Tainiami Trail N Naples, Florida 34103 Re: Payoff Letter: Douglas A. Cuenca 4440 Botanical Place Circle, Unit 104 a Maples, FT, 34112 v=i O W Payoff#1- Tn accordance with Section 2,06.00 of the Collier County LDC, the Affordable Nousing Density M Bonus (AIIDB) Agrrcoment rcquires repayment of the AIIDB if, within ftftccn years, after tits original c purchase date, the property is sold at a sales price in excess of five percent per year above the original purchase price, the :yeller shall pay Collier County an amount equal to one half of the sales ]trice � in excess of the five percent increase per year. Purchase Date Original Purchase Price Proposed Sale Date Resale Price September 7, 2006 S126,970.16 Septeinber 7, 2021 $220,000.00 Mortgage/Lien Type Date Recorded. OR Book/Pal;e To tat Amount Due Affordable Housing Density 09112/2006 4104/0516 $0.00 Bonus Lion A reernont Pay©#'#' 42 - No payment will be rcgoired until the, property is sold, transferred, refinanced, no longer Homesteaded, or is no longer the primary residence of the hornebuyer, At that time the balance of the lien amount is due and payable. Mortgage/Lien Type Date Recorded OR Bnok/Pa a Amount Due Countywide hnpaot 08/18/2006 4091/1628 $ 6,970.16— Original Lien Fee Deferral Lion Agrcamcnt ' 1,742.54 - Interest File 4106-008-1 $ 8,712.70 -TOTAL DUE Payoff ##3 - No payment will be required until the property is sold, transferred, refinanced, no longer Hom emadcd, or is no longer the primary residence of the ltontebuyer. Atthat tines the balance ofthe. loan is clue and payable. Mortgage/Lien `t"ype Date Recorded OR Boolt/Page Amount Due Collier County SHIP Second 09/12/2006 4104/0536 $18,000.00 Mortgage File #05-089 C041munity 8 Numan Qrvicaa Olvlc10n 3339 irbntiari�i Tr.AiE 7sk, Suite 21 ! • Naples, Fladda 94112-5361 239.252-CARE (2273) 230-2521XAF8 (2233) - M-252-4230.(RSVP) •.+ r.cvkfiae�ost.srotlhuntan�orsticas Packet Pg. 1200 16. D.5.c Payment should be made to "Collier County Board of County Commissioners", and delivered to: Community & Human Services Division Attn: Lisa N. Carr 3339 E. Tamianii Trail, Suite 211 Naples, FL 34112 Please include a separate check in the amount of 1� 2 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 a_ x U) 5 O U) M rn 0 0 N Packet Pg. 1201 Action Title Services First Florida Integrity Bank Seiler: Douglas A. Cuenca Naples, FL 34103 Buyer: Millard C. Brooks, Jr.; Dominic M. Brooks Property I.D. Number: 24660902960 Property Address. 444D Botanical Plane Cir., # 104, Naples, FL 34112 ACTION TITLE FILE NO! 21080570 Escrow officer; Alfie Pelham (507-1) Second SHIP Mortgage - $18,000.0Li Payable to. Co�iier County Board of County Commmissioners 1 16.D.5.c 138247 Date 9f7/2021 2 Cl) 2 O Cl) 0) 0 0 N $18, 00.00 Packet Pg. 1202 Action Title Services Seller: Douglas A. Cuenca Buyer Millard C, Brooks, Jr,; Dominic M. Brooks Property I.D. Number: 24680902960 Property Address: 4440 Botanical Place Cir., f,t 104, Naples, FL 34112 ACTION TITLE FILL NO 21080570 Escrow Officer A[lis Pelham (1206-1) Satisfaction of Mortgage - s3a.00 r l First Fltirlda Intogr#ty Bank Naples, FL 34103 Payable to: Coj;#er County Board of County Commmissioners 138248 nate 9/ 2021 16.D.5.c a_ 2 to 5 0 W M O O O N I Packet Pg. 1203 P 3900618 OR: 4104 PG: 16.D.5.c RICORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/12/2006 at 02:41PN DWIGHT B, BROCB, CLIRR SECOND MORTGAGE OBLD 18000.1 OBLI 18000.1 RBC FIB 27.1 DOC-.35 63.1 INT-.002 36.1 Retn: CHBFFY PASSIDONO IT AL 821 5TH AVE S #201 NAPLES FL 34102 THIS SECOND MORTGAGE ("Security Instrument") is given on August , 2006. The Second Mortgagor is: Douglas A. Cuenca, A Single Person ("Borrower"). This Security Instrument is given to Collier County ("Lender"), which is organized and existing undo the laws of the United States of America, and whose address is 2800 North Horseshoe Drive, #400 , Naples, Florida 34014 . Borrower owes Lender the sum of Eighteen Thousand and No/100ths Dollars (U.S. $ 18,000.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument ("Second Mortgage"), which provides for monthly payments, with the full debt, if 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 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 thd purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Colla e I unty, Florida. As more particularly describ4as,,4nit Tff 04, oftamcal Place, CoOnddmi ium, according o the D-ec7a�'dtion of Condominium thereof recorded in O.R. Book 3933,, Page 2654, of the Public Records of Collier County, Florida and which has the address of: ("Property Address"): 444Q=Bgtanical Place Circle, #104, Naples, Florida 34112 a TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, _ royalties, mineral, oil and gas rights and pfofits;•nv*r rights and stock and all fixtures now or hereafter a part of the property. All replacement: rn and additions shall also be covered by the Secu�o Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". 2 BORROWER COVENANTS that Bor?wer is.tawfully seized of the estate hereby conveyed and has the right to mortgage, grant and 0 convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally , the title to the Property against all claims and dema0s, subject to any encumbrances of record. M THIS SECURITY INSTRUMENT combinesunif0im'covenants for national use and non -uniform covenants with limited variation by c jurisdiction to constitute a uniform security instrument cbVering'real property. G UNIFORM COVENANTS. Borrower and Lends covenant and agree as follows: 1. Payment of Principal and Interest; Prepaymentpd,Late Charges. Borrower shall promptly pay when due the principal of an( R interest on the debt evidenced by the Note. acci 2. Taxes. The Mortgagor will pay all taxes, assessmefnls;`sewer rents or water rates prior to the accrual of any penalties or interest 3 thereon. V The Mortgagor shall pay or cause to be paid, as the same ,�peCt vely become due, (A)(1) all taxes and governmental charges of an 2 kind whatsoever which may at any time be lawfully assessed or leQ ed agos) or with respect to the Property, (2) all utility and other charges, 0 including "service charges", incurred or imposed for the operation mEofenance, use, occupancy, upkeep and improvement of the Property, ar (3) all assessments or other governmental charges that may lawfully be paid, in -installments over a period of years, the Mortgagor shall be � obligated under the Mortgage to pay or cause to be paid only such inst`allmefts agare required to be paid during the term of the Mortgage, an( r] shall, promptly after the payment of any of the foregoing, forward to Mortgagee`evidence of such payment. p 3. Application of Payments. Unless applicable law provides ottier Js alPpayments received by Lender shall be applied; first, to � interest due; and, to principal due; and last, to any late charges due under the Notes cu 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges fiines'and impositions attributable to the Property which me attain priority over this Security Instrument, and leasehold payments or ground rents; if an `. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the pa nts. c d Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to E the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests M good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent.thwaenforcement of the lien; or (c) secures from .Ug. the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security°Instrument. If Lender determines that any earl Q of the Property is subject to a lien which may attain priority over the Security Instrument, LendertMay give Borrower a notice identifying the lier Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the iving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing -of hereafter erected on the Property insure( against loss by fire, hazards included within the term "extended coverage" and any other hazards, inpluding)noods or flooding, for which Lende requires insurance. This insurance shall be maintained in the amounts and for the periods that Len der 'reg6ros. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails t maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's righterrrthe 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 theret( including, but not limited to , all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premise! by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renew 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 me( promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 day a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may us, the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraf 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith Packet Pg. 1204 OR; 4104 PG; 05 16.D.5.c 41 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 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or 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 title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, 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 6 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 attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and 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 thba, *ender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiu rewired to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordanoe with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its ageryt may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to aninv&tionspecifying reasonable cause for the inspection. 10. Condemnation. The proceeds bf any award or claim for damages, direct or consequential, in connection with any condemnatio 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 eventof 9'partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount uf't¢e sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any VIancd shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before th6`taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sdrins'arelben due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the;due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released, Forbearance By Lende ,N& d Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by tender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successor§;. &io€erest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or*erwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower o>r orrt9wer's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liabilitj; GjrSigners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall bdjoot and'several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrumon o(tly o mortgage, grant and convey that Borrowers intere; in the Property under the terms of this Security Instrument; (b) is not personally�bfigoedto pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear make any accommodations with regard to the tern of this Security Instrument or the Note without that Borrower's consent. / 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collectecfn 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 Borrowerv_ 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 ref�rfd redpces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. t 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be gixerf bydelivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to thePrope�y Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when^'giV+en as provided in this paragraph 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in whicf the Property is located. In the event that any provision or clause of this Security Instrument or the Note confliets With applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect`4thout the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option sh; not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails i pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security. Instrument. Those conditions are that Borrower: (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 ma reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance wit„ a_ 2 u) 2 O M rn 0 0 N Packet Pg. 1205 OR; 4104 PG; 0 16.D.5.c paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law' means federal laws and laws of the jurisdiction where the Property ie located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenan 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 gives to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice Lender, at its option, may require jmmediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrumel by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph ? 1 incllIding, but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upon,*ment,of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shaij pay jany recordation costs. 23. Attorneys' Fees. As usevin,this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded t an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check Applicable Box) i ❑ Adjustable Rate Rider [:]'Rate 10provement Rider ❑ Condominium Rider ❑ Graduated Payment Rider ❑ 1-4 FFamily-Riderr ❑ Second Home Rider ❑ Balloon Rider ❑ Biweekly paymept Rider ❑ Planned Unit Development Rider ❑ Other(s) (specify SIGNING BELOW, Borrower acc and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) execute, by Borrower and/Fecor^ with Signed, sealeft-i n e resence of: Witness#1: Signature: l/t t�LJIM� Witness#2: Signature: Cjfny% L Address: 4440 Bof:anical Place Circle, #104 Naples', Florida 34112 STATE OF FLORIDA - `(J� COUNTY OF l I hereby certify that on this day, before me, an officer duly authorized in the state afdresaid a6d in the county aforesaid to take acknowledgements, personally appeared Douglas A. Cuenca to me known to be the person(s) de-scrilyed fp and who executed the foregoing instrument and acknowledged before me that (He/ she/ theyJaforea same for the purpose therein expressed. WITNESS my hand and official seal in the County and State day o 2006. My CommissionExpires: Non (Seal) Notary's Printed Name KRISTINA LYNN UNKRICH Notary Public- State of F10ri 2 duty Commission Expires Mar 18, 2009 P. Commtssbn # DD 3go210 -wed By National Notary Assn. a_ 2 N 2 O 04 M rn 0 0 Packet Pg. 1206 16.D.5.c From: Claudia Chavez To: CarrLisa Cc: d-sells(a)hotmail.com; aoolloyon dcrabyahoo.com; cynthia house; Allie Pelham; Kristy Milbourn Subject: RE: 4440 Botanical Place Circle #104-- closing 9/7/2021 Date: Friday, August 20, 2021 12:18:58 PM Attachments: Cuenca second mta..odf Cuenca Lien.odf Cuenca Lien Aareement.odf Cuenca Signed Authorization Form.pdf Importance: High EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Lisa: Hope all is well. We are working with Douglas Cuenca in obtaining a second mortgage payoff or a a release if need be. He is selling his property at: 4440 Botanical Place Cir # 104, Naples FL 34112 on v=i 9/7/2021. 2 O U) Let me know what I need to send you to obtain the following items: c 0 N 1. Cancellation and Release of Record of Mortgage executed by Douglas A. Cuenca, a single M person, in favor of Collier County, dated August, 2006, recorded September 12, 2006, in Official Record Book 4104, Page 536, of the Public Records of Collier County, Florida, to secure the principal sum of $18,000.00. 2. Cancellation and Release of Record of Lien executed by Douglas A. Cuenca in favor of Collier County, dated September 7, 2006, recorded September 12, 2006, in Official Record Book 4104, Page 516, of the Public Records of Collier County, Florida. 3. Cancellation and Release of Record of Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units executed by Douglas A. Cuenca in favor of Collier County, dated July 24, 2006, recorded August 18, 2006, in Official Record Book 4091, Page 1628, of the Public Records of Collier County, Florida, to secure the principal sum of $6,970.16. Obtain and Thank you and talk to you soon. O Claudia Chavez - Processor Action Title Services LLC 3733 Tamiami Trail N., Naples FL 34103 P:239-213-6714 * F:239-213-6465 Email: cchavez(@actiontitlenaples.com CLOSER: Allie Pelham P:239-213-6721 * F:239-213-6461 Packet Pg. 1207 16.D.5.c E: aoelham Pactiontitlenaples.com ****Please Note: ***** Because of COVID-19 and thicent spike in cases{, we are only allowing people that need to sign documents in the office. Our office is open, however the front doors are locked. Please do not stop in without making an appointment. For your safety & protection we appreciate everyone wearing a mask. By all means, If you are not feeling well and have a signing appointment scheduled with us, please let us know prior to the appointment so that we can coordinate alternate methods for you to sign. Please stay healthy! Packet Pg. 1208 16.D.5.d Retd: 2619357 OR: 2662 PG: 1709 GLOBAL T11H CO RICORUID in the OPPICIAL RECORDS of COLLIER COURTI, 11 08LD 2300100 PItt DP ot/12/2000 at OItWK DYIGdi 1, ROM CLIRR 0811 M0100 RIC 111 15.00 SECOND MORTGAGE DOC-AS 8.15 THIS SECOND MORTGAGE ("Security Instrument') is given on March , 2000 The Second Mortgagor is. Judith Glover , Jodi Clrnrer ('Borrower"). This Security Instrument is given to Collier Count (`Lender"), which is organized and existing under the laws of the united Stales of America, and whose address is 2800 North Hoirsashaa Drive, Naplp_H, Florida 34014 BorrowarowesLeAdorthesumo! Two Thousand Fi.yHundred and No/100tha Dollars (U.S.$2,500.00 ), This debt Is evidenced by Borrower's Note doled The same date as this Security Instrument ('Second Mortgage'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ealim of PLOPPrty, refinance or loss of hoasrtoad axon tion . This Security Instrument secures to Lander: (a) llhe repayment of the debt evidenced by the Note, with Interest, and all renewals, axis tons and modiflcallons: (b) the payment of all other sums, with inlerost advanced under paragraph 7 10 protect the security of the Security Instrument; and (c) the poriormance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convoy to Lender the following described property located in Collier County, Florida. As more parlicutady described as Lot 13, Block 212, Golden Gate, Parl 1, Unit $ ('p(operty Address'): 5295 21" Avenue SW tsa.ei Naplea Florida 34116 1 11 irpl TOGETHER WITH all the Improvements row or hereafter erected on the property, and all easerrients, rights, appurtenances, rents, toyatlfes, mirheral, oil and pas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. Ail of the foregoing is referred to in this Security Instrument as the'Propov. BORROWER COVENANTS that Borrower Is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property, sgalast all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combinas uniform covenants for national use and non -uniform covenants with limited variation by ;uftsdMIcin to coruthute a uniform security Instrument covering foal property. UNIFORM COVENANTS. Borrower and Lender cove_rtntandagreo.as follows: 1. Payment of Principal and Interest, Prspayrpo� ftgd� t C, xr ` osrower shall promptly pay when due the principal of and interest on the debt evidenced b the Note. //``�� lam! 2, Taxn. The Mortgagor will pay all lax9��sb3s rri ants, sewer ronts�r.tqZ' les prior 101he aecruat o! any pc?rtaltius or interest thereon./The Mortpagu shall pay or Gayse to Doff pald thes�mu�gg respecilvoiy bacdue, Aj(I S ail taxes and governmental charges of any kind whatsoever whkh may at any time be IawpNy a ses,j __ laved against ¢rwilh ter t to he Property, (2) ail utility and other Charges, including'servloe chargaa', Incurred or Impos for the operat I nanee, se, or con rice, upkeep and improvement of the Propany, and (3) all assessments or other government I es tl@ Y wfullY rn9laU is o er a period of years, the Mortgagor shall be obligated under the MWOW to PSY or Cnls to pa' o a h 1 11 e I e } it to paid during the term of the Mortgage, and shelf, ptw q*y after the payment of any of 1h lor f ar to a vid c Is h I yment. 3. Applleatfon of Payments, Unit bl a ,pro ' es I. ise, a T In rl(s-f eived by Lender shall be applied; first, to Interest due; and, to poncipat due; and Iasi, I y *c harges du finder ale. 4. Charga; Clans. Borrower shall y'y taxes, assessments, cha s, tin s a liens atlnbr,tabla to the Property which may attain prtorlty over this Security no rument, a ki payments or ground' s. a ewer Shall promptly furnish !a Candor all notices of amounts to be pald under this paragra ����lltl all receipts evidencing t o p? . Borrower Shall promptly discharge any II w s priority over this Saco! t merit unless Borrower. (a) agrees in writing to the pdymonl of the Obligation secured by the Ile n in er ccolable to L ��r, tests in good faith the lien by, or defends against enforcenhant of the Ilan In, legal proceedings which in th , cry p n q rile op event the enforcement of the lion; or (c) secures from the holder of the lien an agreement satisfactory to Lender su��1Yrtp�th J e .ta>istSecurity Instrument. If Lender determines that any part of the Property is subject 10 a Ilan which may attain priority over the S— un Instrument, Lender may give Borrower a notice Identitying the lion. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of rolice. & Heaard or Property Insurance, Borrowar shall keep the Improvements now existing or hefoaller erected on the Property insured against We by Are, hazards included within the term 'extended coverage' and any other hazards, including floods or flooding, for which Lender requires Insurance. This Insurance shall be mainlalnod in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shell be chosen by Borrower subject to Lenders approval which shall not be unreasonatity withheld, If Borrower falls to maintain coverage described above, Lander may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all Iimas that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amaunta as are custonwrily insured against and pay, as the same become due and payable, all premiums in respect thofelo. Including, but not Ilmliad to, ail -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 explosi(in, if appropriate), with a uniform standard extended coverage endorsement, Including debris removal coverage, Such insurance at all times to be in an ainount not less than the full replacement cost of the Promises, exclusive of footings and foundations. Alt Insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender strait have the fight to hold the pollclos and renewals. If Lender requires, Borrower shall promptly give to Lender atT receipts of paid premiums and renewal not.10". In the event of loss, Borrower shall give prompt notice to the Insurance carrier and Lander. Lender may make proof of loss it riot made Promptly by Borrowor. Unifies Lender and Borrowof otherwise agree In writing, insurance proceeds shall be applied to restoralion or repair of the Prop" damaged 4 the restoration or repair is economically (easibkr and Lendet's security is not lessened. If the restoration or repair is not ewnornlcally 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. it Borrower abafftns the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lander may use the proceeds to repair or restore the Property or to pay sums secured by thts Security Instrument, whether or not then due. The 30-day period will begin when the notice is mallod, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due dale of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's fight to any insurance policies and proceeds rosulting from damage to the Property prior to the acqulehkxt shalt pass to Lander to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. S. Occupancy, Presmallon, Maintenance and Protection of tht Property; Borrower's Loan Application, Loasoholds, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the dale of occuparscy, unless Lander 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 destroy, damage or impalr the Property, allow the Property to deteriorate, of commit waste on the Property. Borrower shall be In default it any forieilure action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result In torfoiture of the Property or olherwiso rnaterlal#y Impair the lien created by this Security Instrument or Lender's security Interest, Borrowef may cure such a default arxi reinstate, as provided in paragraph 18, by causing the action of proceeding to be dismissed d Packet Pg. 1209 1 OR; 2662 PG; 1710 16.D.5.d with a ruling that, in Lender's good faiih determination, precludes forfeilvro of the Borrower's interest in the Property or other material impairment of the lien created by Ibis Security Instrument or Lenders security interest. Borrower shall also be in default if Burrower, during the Joan application process, gavo materially false or inaccurate information nr statements to Lender (or failed to provide Lender with any matenal 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 leasahold, Borrower shall comply wilt, all the prevision of the lease - if Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing 7, Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a logo] proceeding that may significantly affect Lender's rights in the Property (such as a proceoding in bankruptcy, probate, for condemnation of forfeiture Or to enforce laws or regutalions), lherl Lender may do and pay for whatever is necessary to protect the value or the Property and Lender's rights In the Property. Lendor`s actions may include paying any sums secured by a lien which has priority over this Security, instrument, appearing in court, paying reasonable allarneys' 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 Lander under this paragraph 7 shall become addilianal debt of Borrower secured by this Security instrument. Unless Borrower and Lender agree to other terms of payment, these amovnis shall bear intarost from the date of disbursainont at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage insurance, ff Lender required mofigage 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. 11, for any reason, she mortgage insurance coverage required by Lender lapses or ceases to be in olfect. Borrower shall pay the premiums required to obtarn coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substan(iaby equivalord 10 the cost to Borrower of the mortgage insurance previously in affect, from an alternate mortgage insurer approved by Lender. It substantially equivalent norlgago insurance coverage Is not avaflab$a, Borrower shalt pay in Lender each month a sum equal to one•twelith of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased 10 be in effect. Lender will accept, use and raisin these payments as a loss reserve in iisu 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 Lander 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 erfocl, or to provide a loss reserve, until the requirement for mortgage Insurance ends In accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspeetlon. 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. Condemrtetlon. The proceeds of any award or claim for damages, direct w consequential, m connection with any condemnation or other taking of any part of the Properly, or for conveyance In lieu of condenmallon, are hereby assigned and shall be paid to Lender In the event of a total taking of the Properly, the proceeds shall be applied to the sums Secured by this Security Instrument, whether or riot then duo, with any excess paid to Borrower. In ilia event of a partial taking of the Propeny, in which the fair market value of the Property Immedialoly before the taking Is equal to or greater than the amounl of the sums cored -by �s Security Instrument immediately before the taking, unless Borrower and Lander otherwise agree in writing, fit Barr s 6 cti r i ttt a ri -Irk lntmenl shalt be reduced by the amount of the proceeds midi#plied by the following fraction: (a) I he total amoufd f h( i s' ms saettrad 4 l ly before tiro taking, divided by (b) the fair market value of the Proporty, immediately before the taking. An'.f}ar313bp s all be paid 10 8or( w I ke event of a partial taking of thv Property in which the fair market value of the Property immedfalelyr or •the taking is less than the ai R of the sums secured immediately for the taking, unless Borrower and Lander otherwise agree irrffwnlil�¢ gr-untass a�plitahto taw othorwt (i prldes, the proceeds shall be applied to the sums secured by this Secuhly Instrument whether no a sifm%or! thendue— UdIe s Lando and orrower otherwise agree in wntmg, any application of proceeds to principal shall not AD Or postpones herd date v1 a month lay ants referred to in paragraphs 1 or change the amount of such payments. ` y 11. Borro"r Not RNessed, Fa Mgr e ar� t n f th time for payment Or modification of amon"llon of the sums secured b this Sacud its um t nl y L e !o y ucc ssof in interest of Borrower shall not operate to release ltia liability of the original Borrower r(� ors] rya s nil tsi. LQ do h linnet be required to commence proceedings against any successor In Interest or refuse I. vie lime for payment or of �+ise rot anon of Ilia sums secured by its:s Security Instrument by reason of any demand made b Fii>3 rigina( Borrower or Borrovi 's sir cos§ interest. Any forbearance by Lander in exercising any right or remedy shall not be a �Jv* f of pfaclude the 0 sircis�',°an ri�ISE or rmady. 12. Successors and As alone Bound'l 4 p'i� snd Several LtsbIII r} S gl�gits j,a covenants and agreements of this Security Instrument shall bled and benefit the successors a s its of $_miter and Borsowe(�sub���ct to the Provisions of paragraph 17. Borrowers covenants t� 0 m nuts shall be jpint�lik(s'9�¢ral. Any Borrower who co-signs this Security InsUament but does not execute the Note; (a) Is co•siglting t fps S 1la qqs€€r t nI to mortgage, grant and convey that Borrower's interest In the Property under the terms of (his Security Instrument; (G}i rsdnd�y.abii9ated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to exfarxs'modity, forbear or make any accommoda(tons wish regard to the terms or this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. If the loan secured by this Security Instrument Is subject to a law which sets maximtmt 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 tirnit; and (b) any sums already collocted from Borrower which exceeded permitted limits will be refunded to Borrower. Lander may choose to make this refund by reducing the principal Owed under the Note or by making a direct payment in 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 nolice. to Lender. Any notice to Lerdar shall be given to Borrower or Lander when given as provided in This paragraph. 15. Governing Law; Soverabllity. This Security Instrument shall be governed by federal law and Ihs law of the jurisdiction in which the Property is )voted. In the event that any provision or clause of thts Security Instrument or the Nola conflicts with applicable law, such conflict shall not affect other provisions of this security Instrument or the Note which can be given effect without the conflicting provision. To this and ilia pmvislorw of this Security lnstrumenl and the Note are doclarod to he severable. 16, Borrowers Copy. Borrower shall be given one conformed copy at the Nola and of this Socuniy lnstrumenl. 17. Transfer of the Property or a 13*119linllA) filters of In Borrower, if all or any part of the Property or any interest in a is sold or transferred (or if a beneficial Interest in Borrower Is sold or lransfarred and Borrower is not a natural person) without Lender's prior written consent, Lander may, at its option, require Immediate payment In full of all sums secured by Ibis Security Instrument Howover, this opllon shall not be exercised by Lender if exercise Is prohibited by federal law as or the date of this Security Instrument. If Lender exercised this option, Laodef 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 expirmlon of this pefW, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 18. Borrowers Right to Reinstate, If Borrower moats certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before halo of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a )udgmant enforcing this Security Instrument. Those conditions are that Borrowar: (a) pays Lender all sums which then would be duo under this Security Instrument and the Note as if no acceleration had ]occurred; (b) cures and default of any other covenants or agroements; (c) pays all ekpenses Incurred in enforcing this Security Instrument, Including, but not limited to, reasonable attorney's lees; and (d) takes such action as Lender may reasonably require to assure that the Hart Of trite Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums seoured by this Security Instrument shall continue unchanged. Upon fainstatoment by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as If no accolerallon had Occurred. However, this right to fafnstato shall not apply in the case of acceleration under paragraph 17. 19, Sate of Nate; Change of Loan Servlcer. The Note or a partial interest in the Note (together w0h this Security Instrument) may r,A —1A nM ry awA uma4 without grief notice to Borrower. A sale may result Ina change in the entity (known as the 'Loan Sefvirer') that d Packet Pg. 1210 *** OR; 2662 PG: 1711 *** collects monthly payments due under the Note and this Socvrity Inslrurr€enl. There also may be one or more changes of [tie Loats Servicef unrelated to a sale of the Note if there is a change of the Loan Servicer, Borrower will W given written notice of tho chango M accordance with paragraph 14 and applicable law. The notice will slate the name and address of the new Loan Sarvicez and the address to which payments should be made. The notice will also contain any other information required by applrcatale law. 20, Hazardous Substances, Borrower shall r*1 causa or permit the presence, use, disposat, storage, or release of any Hazardous Substances on or in the Property. Borrower sttall not do, nor allow anyone else to do, anylhlrtg affecting the Property Ihisl is in violation of any Environmental Law, The preceding two sentences shall not app$y to the presence, use, or storage on the Property of small quanutios of Hazardous Substances that are generally recognized to W appropriate to normal residential uses arid to niaimumuiet) of lhu Propasly Borrower shall promptly give Lander written notice for any investigation, claim, demand, lawsull or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substancd or Environrrwr tat L zw of which Borrower has actual knowiedge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediafion of arty Hazardous Substance affeCgng the Property is necessary, Borrower shall promptly lake all necessary remedial actions in accordance will; Environmental Law. As used in this paragraph 20, "Hazardous Substances' are those substances defined as toxic or hazardous substances by Enveosurlonlal Law and She following substerscoe: gasoline. kerosene, other flammable or toxic petroleum products, toxic pesllMles and h$1blOOPS, votatiia solvents, materials containing asbestos or formaldehyde, arid radioactive materials. As used in this paragraph 20, "nvironmenlat Law" means lederai 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 10 Borrower prior to acceleration following Burnower's breach of any covenant or agreement 1n this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise) The notice shaft specify: (a) the dofauh; (b) the action required to cure the defaull; (c) a date. not less than 30 days from the date file notice is given to bertawof, by wiWJ1 the dafaulf mSFSt hu cured, and (it) that fluiwo LW Fur++till, dr.f,rull nit or hufrini f iv il.nn -qwl 16n1 in Isis nuts ,, way ro%ult In acceleration of the sums secured by lilts Security Instrument, loreclosum by judicial procuuding and sslu ui ihu Pfupully 1 liar nutn.t;'hill further Inform -Borrower of the right to rainslate after acceleration and the 6gill to assort in the foreclosure proceeding the non-exlstOnca of a default (x any other defense of Borrower to acre€oration and foreclosure. if (tie default is not cured on or bolero the dale specified in the notice. Lander, at Its option, may require immediate payment In full of all sums secured by this Security Instrument without further demand and may foroalose this Security Instrument by Judicial procaedino. lender shall be entitled to collect all expenses incurred in pursuing the renredles provided in this paragraph 21. Including, but not Ilmiled to, reasonable attorney's foes and costs of the title evidence. 21 Rolesas. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 21 Attornsys' Fees, As used in this Secunly Instrument and the Note. `attorneys' fees" shall include any atlumeys' Fees awarded by en appellate court. 24: Rider' to this Security Instrument. If one or more 4dats_o vxecutad by Borrower and racotded together with tins Security Instrument, the covenants and agreements of each such rid$r s 1 !!sb in r t Inlp and shalf amend and supplement the covenants and agreements of this Security Instrument as if the riders w(re " }� i�ir�menl, (Chock Applicable Box} + + Adjustable Rate Rider - �l t trnprovelmenl Rider °• ulldfmnniurn Bider +-+ Graduated Payment Rider +- • amity-Rkter„�� Sa rind dome Rider a -. Balloon Rider +- ke�kly P yin n liter ' - son tad tint pevelopmesit Rider +-. 01har(s) (specify r' - 0� SIGNING BELOW, Borrower accepts and agr s the terms and covenanis�gontein ill t fe unity Instrument and in any ndel(s) executed by Borrower and recorded with it. l Signed, seated afXr delivered in the Ares rice of; ' d� �o a dith Glover Signature: - - - Wilnoss#2!:_� s Sign turn; Co- Barra er Signature: Address: 529S 21" Ave SW Naples, Florida 34116 STATE OF Florida COUNTY QF I hereby certify that on this day, before me, an officer duty authorized in the state aforesaid and in the county ateresald to take S Juida C,.1av ackrlowledgelmonls, personally appeared Judlth Gf� nverA to me known in Isla persvnfs) described fit and who executed the foregoing instrument and acknowledged before mo that (Hal sh tftay executed the sameee for pie pvrposo therein expressed - WITNESS my hand and official seal in the County and State aforesaid this _' day of _ 20. ad My Commission Expires: — Notary Public's 5s 5 gna Seal "�tc�' ' C �,I — - ( } _ Notary's iilnled Namo IZ 2 Cn E O to 04 O O O Packet Pg. 1211 16.D.5.e 2nd niortgagc form d SECOND MORTGAGE THIS SECOND MORTGAGE ("Security Imirumonl") is given on July f , 1999. The Second Mortgagor is: . ro Alice Joy Hancock ("Borrower"). This Security Instrument is given to Collier Count ('Lender'), which is organized and existing underthelewe of the United States of America, and whose address is 2800 North Horseshoe Drive, Y a' `r Ka lu i`loridw 34014 . Borrower owes tender the sum of Five Thousand Aallsrs (U,S, $ 5 0000 oo e by er's Note dated the some date as this Security Inshumenl ('Saco ortgage"), which provides fo%,a noNhty payments, with the full debt, if not gold earner, due and payable on sale of property, refinance, or w .'. loss of homestead ext,m lion This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by'� �L-! the Note, Interest, and al renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security lnslrumonl; and (c) the performance of Borrowers covenants and agreamonte undisr!his Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and a convey to lender the following described property located In Collier County, Florida, a, As more particularly (`Property Address`, u' s t SE and which has the address of: m w TOGETHER WITH ail t4 i, provemonts now or hereafter orectod on the property, and all easements, rights, F appurtenances, rents, Myattict,$;- ni_ . 'rat, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a partof the property. Ali reptacemoniGe gddil shall also be covered by the Security Instrument. All of the foregoing is referred to in PR this Sectirlty Iniilnmlertl as the "Prop BORROWER COVENAN# that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convoy the Property aril uwl the rfo{�arty is unencumbered, except for oncumbrances of record. tor. _er warrants and will defend generally the title to the Pr¢perti( ag ns1 all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUM ad "" nes uniform covenanls for national use and non -uniform covenants with limited variation by jurisdiction to constiluta a un#f security instrument covering real property. UNIFORM COVENANTS. Boff r and Leitcor covenant and agree as follows: 1. Payment of Principal and fntereit' re. #msnt and Late Charges, Borrower shall promptly pay when due the principal of and interest on the debt evidenced b :.thy Nle. 2. Taxes, The Mortgagor will pay all laxesi,:ass onus, sewer rents or water rates prior to the accrual of any penallies or interest thereon. � The Mortgagor shall pay or cause to be pa'c&� ''Jh' Spa� a respectively become duo, (AK I) all taxes and governmental charges of any kind whatsoever which may at any lime"fa ful17 assessed or levied against or with respect to the property, (2) all utility and other charges. Including "service charges", #na)rrP¢db! tlposed for the operation, maintenance, use, occupancy, upkeep and Improvement of the Proporty, and (3) all assessments 001. r. ernmental charges that may lawfully be paid in installments over a period of years, the ModgaW shall be obligated uridat the HS age to pay or cause w De paid only such installments as W requ€%d to be paSd during the term of the Mortgage, and shallr prompl�#ia or the payment of any of the foregoing, forward to Mortgagee saidwrice of such payment. ,. b, Apokatton of Payments. Unless applicable law prp,ylite$.gtheTiso, all payments received by Lander shall be aPl d: fkel, to interest due; and, to principal dire; and Iasi, to any late charge uq 6(4or the Note. 4Charges,• Liens. somawor shall pay all taxes, assess nli'r651 qs, fines and Impositions allubutable to the Property wtlich may sttaln priority over thls Security Instrument, and leasehold payiit rife q?,ground rents, if any, Borrower shelf promptly o Wish to Lender elf notices of amounts to be paid under this paragraph 's Ih ac ��iIts evidencing the payments. 4 0 Borrower shall promptly discharge any lien which has priority over.lgs.�EGCri)y Instrument unless Borrower: (a) agrees in wrttlrtg to ft payment of the obligation secured by the lion In a manner accapldtile ip )'' der; (b) contests in good faith the lion by, or defends against onforooment of the lien in, legal proceedings which in the Lerf4;b I iitt n operate to prevent the enforcement of the Lender "arminas that any part of the Properly is subject to a lien which may attain pflority_aver the Security Instrument, Lender may give Borrower a notice Identifying the lien. Borrower shall satisfy the I€en or take one or, moile of, the actions set forth above within 10 days of the giving of notice. b, Haxard or Property Insurance. Borrower shall keep the improvements a is islj fir hereafter etected on the Property Insured apainsl toss by fire, hazards Included within the term "extended coverage` ny' ther hazards, including floods or flooding, for watch Lender requires Insurance. This Insurance shalt be maintained in the air a_ for the periods that Lender requires. The Insurance carder providing the insurance shall be chosen by Borrower subject(o Le rs4 pprovai which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, a[ t ,rid �, 6Qgtian, obtain coverage to protect Lender's debits in the Properly in accordance with paragraph 7. At all times that the Note ijstaryii the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are custoiiiaiiiilly' ured against and pay, as the write bsoome dire and payable, all premiums in respect thereto, including, but not limited to , ali•r€sk i surance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lighining, ano. rdoAualties customarily Insured! against (Including boiler explosion, if appropriate), with a uniform standard exionded coverage e9 sement, including debris renlovil overage, Such Insurance at all times to be In an amount not less than the full replacement cost of the Promises, exclusive of footlrtga and foundations. All insurancs policies and renewals shalt be acceptable to Lender and shall Include a standard mortgage clause. Lender shail 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 repae of the Prop" donteged, if The restoration or repair Is economically feasible and Lenders security is not lessened. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the Insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the Insurance carrier has offered to settle a deem, then Lender may oDKW the kwuranoe proceeds. Lender may use the proceeds to repair or rostoa the Property or to pay sums secured by this Security Irtetrtattsnt, whether or not then due. The 30-day period wiC begin when the notice Is mailed. Unless Lender and Borrower otherwise spree In writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the sxient of tote sums secured by this Security Insrument Immediately prior to the acquisition. d. Occupancy, Preservation, Maintenance and Protectfon of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, estaUlsh, and use the Property as Borrower's principal residence within sixty days after the execution of this Sec rtly Instrument and shall continue to occupy fhe Property as Sonower's principal residence for at toast one year after the date of occupancy, unless Ladder otherwise agrees in writing, which consent shall not be unroasonatrly withheld, or unless extenuating ckfANMtarim exist which are beyond Borrowers control. Borrower shall not dostmy, damage or Impair the Property, allow the Property to detartvrate, or commit waste on the Property. Borrower shall be in default if any torfoiture action or proceeding, whether civil or cilia", Is begun that in Lenders good fallh judgment could result in forfeiture of the Property or otherwise materially impair N e err 0 N W %[s r O N rn d Q Packet Pg. 1212 1 16.D.5.e 2'° mortgage form O the lion croalod by Wit Security loshument or Lender's security interest. Borrower may cure such a default and ramstalo, as provided in paragraph 16, by causing the action or proceeding to be dismissed with a ruling that. In Lender's good faith daterminalion, precludes forfeiture of the Borrower's Interest in the Property or other material impairment of the lion created by this Security Instrument or Lender's security Interest. Borrower shall also be in default if Borrower, during the loan application process, gave rnalertally (also or inaccurate information or statements to Lender (of failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but net limited to, representations concerning Boffower's occupancy of the Property as a pdndpal residence. Il this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee Win to the Properly, the leasehold and the lee title shall not merge unless Lender agrees to the merger In writing. 7. Protttction of Lender's Rights In the Property. if Borrower fails to perform the covenants and agreements conlamed in €has Security Instrument, or there is a legal proceeding that may significantly affect t rindoes rights in the Property (such as a proceeding In bankrup(cy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lander may do and pay for whatever is necessary to protect (he value of the Property and Landoes rights in the Property, Londe's actions may include paying any sums secured by a lion which has priority over this Security Instrument, appearing In court, paying reasonable attorneys' fees and entering on the Property to mako repairs, Although Lender may lake 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 boar interest from the date of dlsbursemont at the Note rate and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment, S. Mortppe Insurance. If Lender required mortgage Insurance as a condition of making the loan secured by this Security inatrufnert, Borrower shag pay the premiums required to maintain the mortgage Insurance In effect. 11, for any reason, the mortgage Irxumm ooverspe required by Lender lapses or ceases to be Irt efts..-!, Borrower shall pay the premiums required to obtain coverage substantloilly agw1vsfont to mortgage Insurance previously In affect, at a cost substantially equivalent to the cost to Borrower of the mork"ll Iniowenca In effect, from an alternate mortgage Insurer approved by Lender. 11 substantially equivalent mortgage inKrBrtoe ooveragn) nq# a6 liable, Sonower shall pay to Lander each month a sum oqual to one•hvelfth of the yearly mortgage fnaurarlce prernlrm { ld bY�BOdrower when the insurance coverage lapsed or ceased to Win effect. Lender will accept, use And retail tltese peyrr� (' . rrrsorve in lieu of mortgage insuranco. Loss reserve payments may no longer be required, at she option of Lender, If modga9b fisu, , coverage (In the amount and for the period that Lender requires) provided by an insurer approved by Lender again ' �.�ailabfe and is obtained. 8otrower shalt pay the premiums required to maintain mortgage Insurance In effect, or to provide..8"lo 'itervo, unlit the requirement for mortgage insurance ends in accordance with any written agreement between Borrower a'lVKendbr or applicable (aw, t. fnspsctlon, 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•lo an 6r4pactlort specifying reasonable cause for the inspection. 10, Crrufamnalton. Tha`pr of any award or claim for damages, direct or consequential, in connection with any oondemuatlort or other taking of any par(oy he Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of B total tekfhg Of. the Property, the proceeds shall be applied to the sums secured by this Security irtstrurlaetal, vfisther of not than duo, with any"ex:dbsi td to Borrower. In the event of a partial taking of the Property, in which the fAk RtBrkM vales of the Property Immediately forri 1 taking Is equat to or greater than the amount of the sums secured by this Seaxfty WAtrwnenti Inwwfiately before the takiri �yni� CBcirrower and Lender otherwise agree in writing, the sums secured by this Security ktsownent shall be reduced by the amountyf 1�v oceeds multiplied by the following fraction: (a) the total amount of the sun5s seared Irnmediatefy before the taking, divided b ,'If' fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower, In the event of a �rtlal yak of the Property in which the lair market value of the Properly Immediately before, the taking Is less than the amount )dha sU secured immediately for the taking, unless Borrower and Lender otherwise agree In writing or unless applicable to otherwis Yidos, lire proceeds Shall be applied to the sums secured by this Security tnsblrrt»nt whether or riot the sums are then du`ejunloss. er and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or postpone the due date Itie monthly payments referred to in paragraphs 1 or changa Me amotml of owhh payments. p. 11. SorrClArs1' Not RaNssad, Forbo—oca By Lender _,b! fw [vu, Extension of the time for payment or modification of BmoduAtlon of rile sums warred by this Security Instremertt gr t by,t;e�fer to any successor In interest of Borrower $hal€ Trot operate to role"& the liability of the original Borrower or 8onoweP, aiiccQz�`� h in Interest. Len der shall not be required to commence proceedings Lionel any successor In interest or refuse to extend tlmg forP,aytaol or otherwise modify amortization of the sums seared by this Socuirity Instrument by reason of any demand made byAQ, 0 ins Borrower or Borrower's successors In Interest. Any forbearance by Lender in exercising any right or remedy shall not be,a` vppr �or preclude the exercise of any right or remedy. 12, Iluccasaora enact Assigns Bound; Joint and 8avaral Lfa61l)Cb•, Wars. The covone nls and agreements of this Security Instrument shall band and bonani the successors and assigns of L e :6 rower, Sub, to the Proviskxts of paragraph 17. Borrower's covenants and agreements shalt be jot rand ' everal. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) Is co-signing this Securi In" ninth only to mortgage, grant and convoy that Borrower's interest in the Property under the terms of this Security Instrument; (b) is Viol pp{sic ally obligated to pay lire sums secured by lists Security Instrument, and (c) agrees that Lender and any other Borrower may nIgl l¢ xterid, modify, forbear or make any acoonvnodatlons with regard to the terms of this Security Instrument of the Note wilhqut 1�a orrower's consent. 13. Loan Charges. 11 the ban secured by [his Security Instrument is sub;ecli" 18 wh ch sets maximum loan charges, and that law is finally Interpreted so that the interest or other loan charges collected or to tfa' lest, in connection with the loan exceed the pen*fted timits, then: (a) any such ban charge shall be reduced by the amoureduce the charge to the Lender may choose to make this refund by reducing the principal owed under the Note or by rriaki6g`a'ai k payment to Borrower. If a refund reduoas principal, the reduction will be treated as a partial prepayment wittoul any prepayme' c (go under the Nola. 11. NoNc". Any notice to Borrower provided fa In this Security Instrument shall be given by' d 3 tvering it or by mailing it by first class moil unless applicable law required use of another method. The notice shall be directed to Property Address or any other address Borrowor designates by notice to Lender, Any notice to Lender shall be given to BorrolQer or Lender when given as provided In this paragraph. f6, Oov"ng Law; Seversbttlty, This Security Instrument shall be governed by federal law and the law of the jurisdiction In winch the Properly is located, In the event that any provfslon or clause of this Security Instrument or the Note conflicts with appikabie tow, such conflict shag not affect other provlslons of this Security Instrument or the Note which can be given effect witiaut #te conflicting provision. To this end the provlsiorw of this Security Instrument and the Note are declared to be severable 16. Somoavara Copy, Borrower shall be given one conformed copy of the Note and of this Security Instrument 17, Tnsnsfaf of the Property or a Banolicl it Interest In Borrower. It all or any part of the Property or any interest in it is sold or transferred (of If a benaficlal Interest In Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require Immediate payment in full of all sums secured by this Security Instrument. However, tits epllon shall not be exercised by Lender it airefdse Is prohibited by federal law as of the date of this Security Instrument. If Lorsrler 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 nolico Is delivered or malled within which Borrower must pay all sums secured by this Security Instrument. If Harrower fails to pay these sums prof to the expiralian of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice of demand on Borrower. 18. borrower's Right to Rolnatata, If Borrower meets certain conditions, Borrower shall have the right to have onforoemienl of Ihls Security Instrument discontinued at any time prior to the earlier of : (a) 6 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 condltkus 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 oovenants or agreomefils; (c) pays all expenses Incurrod in enforcing this Security Instrument, including, but not limited to, reasonable alWrnoy's fens; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Loader's rights In the Property and Borrowees Obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon relnstatomenl by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as If no aoceferatloin ltad oorurrod. However, this right to reinstate shall not apply In the rase of acceleration under paragraph t T d Q Packet Pg. 1213 16.D.5.e 2*1 mortgage form 0 19. Safe of Note Change of Loan Sarvicer, The Nola or a partial interest in the Nola (togolher 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. Thera also may be one or more changes of fhe Loan Servicer unrelated to a sale of the Note, 11 there is a change of the Loan service(, Borrower wllf be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also oontain any other Information required by applicable law, 20. Hazardous. Substances, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that Is In Woiallon of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quanlllies of Hazardous Substances that are generally recognized to be approprale to normail residentlai uses and to maintenance of the Property. Son wM' shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any goverrvmental or regulatory agency or private party involving the Property and any Hazardous Substance or Fnv€ronmenW Law of which Borrower has actual knowledge. If Borrower learns, of is noldied by any governmentat or regulatory aulhonty, that any removal or other remediation of any Hazardous Substance affecting the Property Is necessary, Borrower shall promptly lake all necessary remedial actions In accordance with CnWronmenlal Law. As used In this paragraph 20, 'Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic postfcides and herblcfdss, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, `Environmental Law" means federat laws and laws of tits jurisdiction vrtwe the Property is located that relate to health, safety or environmental protection, 21, Aacoleradon; Fionukliiet. Lender shall give notice to Borrower prior to acceleration following Borrowers breath of wry cover M or agreement In thls Security Instrument (hut not prior to acceleration under paragraph 17 unless appiic" low KOAdq otherwise). The notice shalt specify: (a) the default: (b) the actions required to cure the defautl, (c) a dale, not lees itt4rt� &0 from the data the notice Is given to Borrower, by which the default must be cured; and (d) that failure to cure the,tiefqu)r ot€ a before the date specified In the notice may result In acceforat€on of the sums secured by this Security Instrumahl.fprep o)'t�q by judicial proceeding and sale of the Property. The notice shall further Inform Borrower of the right to refnstato t( arxtation and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense oft orrow ecceforallon and foreclosure If the default is not cured on or before the date specified in the nolke, Lender. at fts'tVI iriay require immedlalo payment in full of all sums secured by this Security Instrument without further demand arxt rtnffy oroclose this Securely Instrument by Judicial proceeding. Lender shalt bo entillo to collect all expenses fncunod in Purs4g the remedies provided In this paragraph 21, Including, but not limited to, reasonable attomays fear and coats of the title_ ovide 22. Release. upon pay,ti�nrt1 a all sums secured by this Security Instrument, Lender shalt release this Security Instrtar►ent, Nrlthout charge, to t3aYrog7er 8wower shall pay any recordation costs. 23, Attomays' Foes, As; In this Security Instrument and the Note, 'attorneys' fees' shall Include any attorneys' fese awarded by an ap*. 19 pauil "\ 24, Riders to thle sseurlty fro iGIe l`�. It one or more riders are executed by Borrower and recorded together with this Sow* Instrirrml, the covenan _". reemenls of each such rror shall be incorporated into and shall amend and tuppisrrtenl the covenants and agreerr�le 0-fhls Security Instrument as if the rider(s) were a pars of this Security Instrument. Check Applicable Box ID Adjustable Rate Rider . 116tezlt�pRy. provement Rider Condominium Rider ❑ Graduated Payment Rider L I 1�4Rider Second Home Rider Ballow Rider \BlYrae y,Pa$�rtent Rider Planned Unit Development Ritter r> O"W(S) (specify SIGNING BELOW, Borrower accepts and agrees to the terms and cov¢tta 'lsntained in this Security Instrument and in any rfder(s) executed by Borrower and recorded with it. ` t . ` Signed, seated and deliver prase of: Wilrlassfft: . �- irK-L� Signature" -- J/ Borrower Al} ' CtlCt[ Signature,t�G KRrte A. Edwards Wiinett�2;� � _ Signature; X tr Co. Borrower Address: 281 Na lea Floridaf 34120 STATE 017_17torida . COUNTY OF hereby certify that on this day, before me, an officer duly authorized In the slate aforesaid and in the county aforesaid to take acknowledgements, personally appeared Ali oa Joy Hancock to me known to be the person($) described In and who executed the foregoing instrument and acknowledged before me that (Hel she/ they) executed the same for the purpmo therein exprossed. r WITNESS my hand and official seal in the County and Slate afafosald _ , My commission Expires: Notary Public's Signatu (Seal) _ JONA �A,p€Yp/, JONADIAN A LONG Wt CoM" lDN r CC 681997 ot*t€i�41, JONATNANA.LONG s �i C.nMM15514h Y CC 68199I `� QY UPI tits SEP 21, 2001 �i dj £ �E60NI1le Tnlu � 1 / �Af AT lC sOND€NG C I _ L€r fL ArIANiI{' aOND(NO NC CO INC d a Packet Pg. 1214 JUL-06-100 IM 0340 PM FRS NO. P. 02 16.D.5.e E)GfIBIT ,.A,. Ihr North 15 foot of the South 180 feet of Wect 26, (i]LD..SI GATE 151'mm` i, [hit 51, according to the Plet thereof, recorded in plat hook 5. Pages 04 end 85, in the Public PUKords of Collier County, Florida. X-' 2 N Packet Pg. 1215 1 16.D.5.f letfi: 2628316 0R: 2669 PG; 3029 oe4o mcoo ISLAND TITLI 6UAWTT AOIBCI I RRCORDID in the 0111CIAL WORDS of COLLAR COUNTY, R OBLI 2500.00 IICK UY 05101/Hoo at 10:46AN OWN" I, BROOK, CLIRK RIC III (S.00 DOC-115 6.7$ THIRD MORTGAGE THIS THIRD MORTGAGE (" Secunty Inst(ument") is glvoil on : �i r i 1 _ � �QQ_._-___ The T hod Murtgagor is J, Primitivo Hinojosa and Socorro Munoz Hinojosa, Husband and Wife Burrower') This Secutty Instrument is yivin _ Co lie County l"Lender-). which is organized and existing undor thu laws of the United Slates of Amolica, and whose address is 2800 North Horesehon Dr.iVe-!_Naples, F_]o 1-da 34104 , Borrower owes Lender the sumol_TWO Thousand Fiyo Hundred Dollars and no/100 (U.S. $2.600.00 j debt is evidenced by Berrowers Note dated the same date as this Secunty Insinnnent ("Second Mortgage's. Much provides lot munthly paydnonls, with tale full debt. d riot paid earlier. due and payable on sale of property, ref irtance, or_loae of homaatsad axamptign fins Socusity Instrument secures to Lender tal the (epaymont of llse debt evidenced by the Nate with inlerest, and all renewalsextensions and modifications, lb) the payment of all other sums with interest advanced under paragraph 7 to project the security of Iha Secunty Inshununt, and Ic) the peffonnance of Qonower's eovetiants and alltee(nenle under tins', ecunly rnstiurilanI and die Nofe For this purpose, Borrower does hereby seaoad mortgage grant and convey to Lender the following dt'SCni d properly located In Collier counly Florida As more particulaily dpscc d as and which has the address of Lot 29 Block A of Seminole t•NrapeilyAddiess") ?, D ,608 Cj, .fton St. subdivision according to tht 7a„\lmmokalee, FL 34142 Plat thereof 3recorr3ed in Plat �j Hook P�g II of �he Cubli,rf Reur ra o � r g,,n �y, orida fOGSTHER WITH all. improvements now ar hereafter erected on the propel y. an atl easements rig �s appu enalic s. rents €oyatues. nninerat oil and gas rrghl.s and piotils. water fights and stock and all fixtures now or hereafter a part of the piopaRyAli replacements and additions shall also bi covered sty the S cu dy Instrument All of the foregoing is referred to in this Security instrument as the "Property" BORROWER COVENANTS N+at�o ewer rs lawfully seized of the estate hereby conveyed and has the right to mortgage gran) and convoy (tie Proporty and dial the Properti- d mencunibeied, except lot oncumbiancas of record Borrowei warrants and will defend generally the pile to the property against all clanns a demands subject IQ any encumbtances o€ record THIS SECURITY INSTRUMENT cQ6'b 8s,)tf covenants for national use and non-undorm covenaM5 with wivled venation by junsdictwn to conslduto a undorm security Inst..lu n;�e.)ing Tool propany UNIFORM COVENANTS Borfower`atid lender Zgvenam and agree as follows 1. Paymuttl of Principal and Interest FTIrVaynteiit and Lela Charges. borrower shall ptonlpny pay when due;he puncipal of and interest on the debt evidenced by the Note, 2. Taxes. The Mortgagor will pay all laxe's,'3s9eSslo'd ts, sewof tools or water rates prior to the accrual of any panalbes or interest �:- lhereon �_. The Mortgagor shall pay or cause to be paid. as,Yh p". e�iespectively become due, (All1) all taxes and governmental charges of arty kind whatsoever which nray at any lime be lawfully ii6�assediv avred against or with respect to She Property. (2) all utility and other chatyes. Including "service charges", Inculled or unposed IF, Jhe ton, maintenance, use. occupancyupkeep and Improvement of the Property, and t3) all assessments or other govemmenlal diarg�;q is lira ,fawfurly bo paid to installments over a period of years. the Mortgagor shell be obligated under Iha Mortgage to pay or cause to be paid'ordft6kq ustadments as are required to be paid during the term of IliaMortgage. and shall, promptly after the payment of any of the faogoi g,'fotiiwrl( to Mortgagee evidence of such payment 3. Appfication of Paymonis. Unless applicable law prav}d6shhe lgo. all payments received by Lender shall be applied first. to mleresl due, and, to principal doe, and last, fo any late charges due under 1€ie �Nolb� oT 4. Charges; Lions. Dorroww shall pay all taxes, as5essmght' Z h4 e�. fines and unpasdions attributable to thPfoperly which may attain priority over this Securily Inslrurnoni, and leasehold payments f tl€iWd t Is, it any Borrower shall promptly fuinssh to Lender all y notices of amounts to be paid under this paragraph. and all receipts �, evidencig ifiits Borrower shall promptly discharge any lion which has phoniy over th�hh, 9ecurinslruntenl unless Bunowac laI agrees in writing 1e the payment of the obligation secured by the lien in a n:ailner accoplabla to Le'ndf, (bJ c ntosts in good faith the lion by or defends against erilorcemeni of Ifte Tien in. legal proceedings which !n the Lender's opinion operat0at the enforcement of the Icon, or (c) secures from the fielder of the lien an agreement satisfactory to Lender subordinalmg lho lion to €rslf-Sucunty Jnslfument If Lender determines that any pat of the Properly is subject to alien which may attain priority over the Secunty, instrument, Len��iteeurn y give Bbrrawer a notice identifying the ben Borrower shall satisfy the lien or take one or more of the actions set forth above within 14 ( s gr a giving oI notice S. Hazard or Proporty insuranco. Borrower shall keep the improvements non e}rr9lir�or.heroallot erected on the Property insured against loss by fire hazards intruded within the term "extended coverage" and any other h&A!,. nofu rig floods mr flooding, for which Lemiat requires insurance This msuianco shall be maintained in the amounts and for the periods! hat La der requires The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall ngt�o'd�nj 's-Tably withheld If Bwfowdr fails to maintain coverage described above. Lander may, at Lender's option, obtain coverage to proiecf'L�Adgt''vights In this Property in accordance with paragraph 7 At all times that the Note is outstanding. the Mortgagor sha# mainlaus insuranc@yyrlh ti gt to the Premises against such asks and for such amounts as are customarily insuied against and pay, as the saute become due and pay;aFYfq i premium+s m respect tterela. Including, but not limiledto , all-risk insurance protecting the Interests of the Mortgagor and Mortgagee against 10ssri damage to the Premises by fire, lightning, and other casualties cuslomanly insured against (including boiler explosion, it appropriate 44-a•ilnifoim standard extended coverage endorseinenl, including debris remove! coverage Such msurdnCo at all limos to be In an amoi? not less than the full replacefrienl cost of the Premises. exclusive of Ioolings and leundations All insurance policies and renewals shall be acceptable to Lender and shall include a standard mongage clause Lender shall have the right to hold the policies and renewals If Lender requires. fiotiower shalf promptly give to Lender all receipts of paid prormgms and tenewal notices In the event or loss, Borrower shall give prompt notice to the msutance carrier and Lender Lender may make proof of loss if not made promptly by Borrower Uniers Lender and Borrower otherwise agree in writing. InsUiariCe proceeds shall be applied to restoration or repair of the Property damaged. if the rasloralion or repair is aconornrcarly feasible and Lenders secumfy is not lessened II the restoration or repast is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security iushumenl whether or riot then due. with any excess pad to Borrower. If Borrower abandons the Property or does not answer within 30 days a notice f€oni Lander that the insurance carrier has offered to Wile a claim, then Lender may collect the insurance proceeds Lendenay use Ilia proceeds to repair or restore the Properly or to pay sums secured by this Security Instrument. whether or not than due The 30•day period will begin when the notice is mailed Unless Lender and Borrower olherw+so agree in writing, any application of proceeds to principal shalt riot extend or postpone the duo 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 Longer. Borrowers rrd)hl to any insurance policies and proceeds resulting horn damage to the properly prior to pre acquisition shall pass to Lender to the extent of the sums secured by this Secunty Instmment irornediately puoi to the acqu sition 0. Occupancy, Preservation, Maintenaace and Protection of the Property: f3orrowaft Loan Application, Leaseholds. Bafmwer shall occupy, eslabl€sh, and use the Property as Borrower's principal rosidonce within sixty days aftei the execution of this Security Instrument and shall conitnue to occupy the Properly as Boirowef's principal tosidence for at least one year after the date of occupancy unless Lender otherwise agrees its wining which consent shall not be unreasonably wdhhaki, or unless extenuating circumstances exist which are beyond Borrower's control Bovowei shall not destroy. damage or impair Ilia Property, arrow the Property to deteriorate, ar commil waste on (L Cn E O 0 Q t ccfvcB. ion Packet Pg. 1216 OR; 2669 PG; 3030 16.D.5.f the Property Bouowor shall be m default 0 any folio lure action or proceeding- whether civil at ehrnmal, is begun that in Lender's good lash judgment could result an folledulu of the property or et;lChr se materially Impair the hen created by this Secunly Instrument or Lender's security umlerest Bonowei may cure such a default and remsta€e as provided In paragraph 18, by causing the action or proceeding to be dismissed with a ruling that. ri Londer's good faith deloiminahon, precludes forfeiture of the Borrower's Interest in the Property or other material ,Impa,unent of the lien created by this Security 1ngUunnwn or tender`s socially Interest lTonowor shall also be in default if Borrower, during the loan application process gave nnotenally false of Inaccurate i nfounation or statements to Lender (or faded to provide Lender with any material inlcillil oil III connection Willi the loan evidenced by the Note Including but not limited to, representations conrermng Borrower's cccupancy of the Property as a principal residence If this Security Instrument Is era IeaSehOkl Borrower shall comply will' all the prowslon OI the lease if Bonowe€ acquires (so title to hie Property, the leasehold and the fee title shall not rneige unless Lender agrees to the merger in willing T. Protection of Lender's Righls In the Properly. 11 Bortower lads to perform the covenants and agloeineMs contained In this Secunly Instrument. at nsera Is a legal proceeding Ihat may significantly affect Lenders Fights in the Properly (such as a proceeding in bankruptcy. probate. 101 condemnaton or iodelturo or 10 enforce laws or regulations;, then Lender may do and pay for whatever is necessary to protect the value of file property and Lender's fights In tilt) Property Lender's actions may include paying any sums secused by hen which has priority ovRr Uns Security Insllun}efrl. appearing m cou+t paying reasonable attoni Ives and entenng on the Property to make fePaes Although Lender may take action under this paragraph 7. Lender does not have to do so Any amounts disbursad by Lander under this paragraph T shall become additsonal debt of Borrower seemed by this Secunly Instumenl Unless Borrower and Lender agree to other toiling of paynielrt tnese aniounls Shari bear intolosl from the ditto of disbursement at the Note rate and shale payable. wile Interest upon notice €tom Lender to Bbrfowel r8ques3rny payment 8. Mortgage, Insuranco. If Landw wctuxod mnagage insurance as a condition of making the roan secured by this Sacusay lnstrum©ill, Borrower shall ply the wemwms sequined to maintain the mortgage insurance In elleek II, for any reason the mortgage insurance coverage squired by � aiidri lapses or ceases to be in effect, burrower shall pay rho plirnli required to obtain coverage substantially equivalent to the mof,19, �sdr nca previously in effect. at a cost substantially equivalent to the cost to Borlower of the mortgage insurance previously in effect. Brit ail, 71.1a10 modgage ursurer approved by Larder 1€ substari tally equivalent mortgage Insurance coverage is flat available Borrower 5114 ,hd61 each month a sum equal to one•twelhh of tine yearly mortgage msuianca prenuarn being paid by ove1.0 a lapsed of ceased to be io effocl Loader will accept, use and retain these payments as a loss reserve Borrower when the "'Sul gr�el in lieu of mortgage insurance`yLnss • silroe payntelNs ploy no longer be requred. at the option of Lender, it mortgage Insurance coverage (m the annouitl and for the perit)'ti-!t}a gbd'af iequiles) provided by an Insurer appioved by Lendef again becOnres available and is Obtained iieirower shall pay the piwoiunss,iegr�lr©i nnainfam ninrtgnye Insurance ,n effect or to prov,do a loss reserve. unfit the requirement for modgage insurance ends us accus¢yi+rce whin any written ogteenient belwoen Bonower and Lender or applicable law P. Inspection. Lender ar its agent play make reasonable anlnes upon and inspect}ons of the Property Lender shall give Borrower nonce at the time of or prior to an uisp 41 n. ob lying reasonable cause for the mspecrion 10. Condemnation. TLe_p(daIFe V of any award of claim roe damages direct of consequenhal, in connection with any condemnation or other taking of any Pad of It Property, or for conveyance in lieu of condemnation. ale heoby assigned and shah be paid to Lender in the event of a total taking of the ioperty,_lhe proceeds shall be applied to the sulns secured by this Security Instrument whether or not then due. with any excess paid to Boricy rshi�.�tli# �,vent of a partial caking of the Properly m which the fair rowhot value of the f ropeily Immediately before the faking Is equal 10 of gr9a,l than amount of the sums secured by this Security Instrument immediatety Were the taking. unless Borrower slid lender otherwise agrbagt �lllyyyyjjjjllit}g. the sums seemed by this Security Inslrumont shall be seduced by the amount of the proceeds mull ipl,ad by the following fraction f00 no 15�1el'a nouns of the sums secured I nmedfataly before the taking divided by tbl the last nia+ket value of Ina Properly Ia}rned=ately boleti ttie aklriq.��nY balance shall be paid to Borrower hi the event Of a partial taking of the property in which (tie fair tnarkat value Of the Property I ni+nn,�{ddlalalYY before the taking is less than the amount Of the sums secured uninedmately for [he taking, unless i3orrowar and Lander otherwise' :glee vi ding or unless appircable law otherwise provides, the proceeds short be '•, applied to the sums secured by this Security Instrument YryelJtenor, of the gains are then duo Unless Lender and Befrowar otherwise eyrie in Willing. any application of proceeds to principal shall not exten ti 110§lpone the duo date e€ the nion€hty payments related to in paragraphs t w change the arnconl of such payments It : ' 11, Borrower Not Released, Forboaranea By Loh'y�i,-� H6 3 Waiver. Extension of the time for payment or modllication of amorfmzabon of the 5Un15 secured by this Security Instrument g'fanied"by�egder to any successor in interest of Bonewer shall not operate to release the liability of the original Borrower as Boltewei's succes"sy5:lh— y�stelest Lender shall not be required to commence proceedings against any successor in interest or rofuso to extend lime for payntyn ( d h' ifhyise modify amortization of the sums socuted by this Security instrument by lesson 01 any demand made by the original Bouawer�Tpuof's successors in interest Any fafbnaranco by lender ut exercising any Agin or ismody shall not be a waiver of of pr,ic#ode the Fox grCr4� Giant' fight or remedy 12, Succesaora and Asalgns Bound; Jo€Fit and Several Llutttllty- Ctir3i Hero. The covenants and agreements of this Security 1nsRunient shall bind and benefit file successors and assigns of Lender anc� @dtOvir 0cl to the Previsions of peragraph 17 Borrower's covenants and agreements sll'19 b4.'.Ip_ it 'a, d`, everal Any t3onower who cO-signs this Security €nslrumenl but does not execute the Note. (a) is cu"smgoing lilts Security his}rurivenf, lr (0 nongage. grant and convey that Borrowers interest In the property under the It nits of this Security Inslrumant. lbl Is not personally bkfgated, pay 1ha sums secured by this Security Insbumont and (c) agrees that Ili and any other Boll"or may agree to extend, noddy`;•! ar of make any accommodations with tegaid tb the terms of (his Security lnsnument or the Note without that Borrower's consent 13. Loan Cliargas. If line loan secured by this Security Inshunnent is sub,0Ctd0,A•tall hitch sots ntaxulium loan charges and that law is finally interpreted so (list the Interest or other loan charges collected of to be colleCldd ut-�Onocbon with the loan exceed the pefm,tted hunts, then to) any such loan charge shall be roduced by the amount 0000Ssaly to leduce the chat 8 o the permitted hind, and 1b) any sunss already coiiec€ed from Burrower which exceeded pernulted hilts will be refunded to Borrowey , nrid unay choose to make bus refund by reducing the principal owed under the Note or by making a direct paynnent 10 8onower If atilultd'r d}es pnncmpar, the reduction will be treated as a partrak plepaynlent wilhout any prepayftienl chafga under the Note ,• l 14. Notices. Any notice to Borrower provided for in this Security Insbunranl shall be given, l d' Jlvenng it or by marling it by first class mad unless applicable law tequued use of another method The notice shall be directed lOZhh Plo fyr , ddiess or any other address Bouowei designates by notice (o Lender Any notice to Lender shall be given 10 Bolrocver or Lender when gn'tin�s provided in this paragraph 15. Governing Lenv; Severablllty. This Security hnsrruniont shall be governed by federal law And lh_e lfa ql the lurisdicliolt m which the propedy (s located In the event that any provision or clause of this Security Instrument or the "Le - n IC s with app9icahie law, such conflict shall not affect other provisions Of lilts Security 1nsGumenl of thalloto which can be given effect without the conflicting provision To (his end the Pfovmsons of Ihrs Security Inshwitanl and the Note ale declared to be severable 16. Borrowai a Copy. Bouower shall be given ono confomned copy of the Note and of Uus Security lnsnument 17. Transfer of the Properly or a Benohclal Interest In Borrower. It all or oily Pali of tine Property or any Interest In d Is sold or nansfarlod (or if a beneficial intaspst in Borrower Is sold or €ransloued end Bofrowor is not a natural person) without Lender's pilot written consent. Lender may. at its option require imnsediate payment in full 01 all sums secured by Ihrs Socunty tnstrmnent Muwevethls 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. Lander shall give Borrower notice of acce;eraton The notice shall provide a period of riot less than 30 days from the date the notice is delivered of mailed within which Bouower must pay all sums saculed by this Socmity inshurpent If Borrower laws to pay these sums prior to the expuallon of this period. Lender may Invoke any feinedles permitted by this Security Inst+unnont without further notice or demand an Borrower le. Borrower's Right to Reinstate. If Bouowar moots certain conditions, Borrower shall have the right to have eaforcemeel of this Socially fnslrement discontinued at any lime prior to the eafherof (a) 5 days let such di period as applicable law nlay specity lot reinstatement) before sale of the Property puesuant IO any power of sale Contained in this Security Instrument. of Li ently of a judgment anlarcing this Socurrly hishunnelil Those conddians are that borrower (a) pays Lender all suing which then would be due under this Secunly Insuurnent and the Note as if no acceleration hid occurred, (bl cures and default of any other covenants or agreements. (C) pays ail expenses incurred in enforcing this Security Insnunlent. Including, but not limilod to, reasonable alfomey's fees, and id) lakes such action as Lender may, reasonably require to assure that the hen of this Sucufdy Instrument, Lender's rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrumenl shall continue unchanged Upon iemslatenlenl by 8orlowor. this Security Instrument and the obligations secured hereby shall remain linty effeclvo as If 110 accoiesahon had occurred however, this tight to romslale shall not apply in the case of acceleration under pamglaph I 10. Sale of Nato; Change of Loan5ervlcer. The Note or a pattmal mtarest in the Note Itogalher with this Security Instrument) may be sold one or more Innes without prior florce to Bortower. A sale Filly result 111 a change in the entity (known as the 'LodiServicel`I that collects monthly payments due under the Note and this Security Instrument 'there also may be one or mile changes of the Loalilenncer (L Cfn G O W Q Packet Pg. 1217 *** OR: 2669 PG; 3031 *** 16.D.5.f unfehated to as a la of the Note If Ulu to is a changu of the Loan Satirical, Dorf owur will be green written notice of the change in accordance viuh paragraph W and applfcabie law I he notice will state the name and address of the now LoarSefv+col and the address to which payments should tie made The notice will olso conlam any other tnfarmatton required by applicable law 20. Hazardoua Sulratancos. Borrower shall not cause or pennd the presence. use disposal. storage. or release of any Hazardous Substances on or in the Property Borrower shahl riot do, nor allow anyone else to do anything affecting the Property (hat ism violation of any Euwranmuntal Law the plecedmy two seflences shall not apply to the piesence use, or storage on the Properly of sinalt qu3nhl:es of Hazardous Substances That are galherally recognized to be applopmale to nom+al residential uses and to maintenance of the Property Borrower shall promptly grve Lender wnhon notice for any utvestigallon clams, derr+and. lawsuit or other action by any govennental or Ingulatory agency or pnvate party uwolving the Propolly and any Hazardous Substance or Envrronmardal Law of which Borrower has actual knowledge If Borrower learns, or Is nobffed by any governmental or regulatory oulhonly. that any removal or otheremediation of any Hazardous Substance affecting Ito Pfopelly is necessary. Hmfowef shall plomptly take all necessary remedial actions in accordance with Environmental Law As used In this paragraph 20.'Hazardous Substances" are those substances deleted as tome or hazaldous substances by EmuonrntmW Law and the following substances gasoline kerosene. other flammable or Susie pebwown products toxic pesticides and herbicides volatile solvents materials containing asbestos of fornialdehyde. and radioactive n+alenals As used in thus paragraph 20, 'Environmental Law' means fednfal laws and laws of Ine jurisdiction where the Property is located that ielato to heal(h. safety or environmental ptolechoil 21, Acceleration; Remedies. Lender shall give notice to Bonowor prior to acceleratlon fplfowuhy Douower's breach of any cuvenant of agfeeme It w ties Security Inslfument (but not pilot to accelefaton under paragraph 17 unless applicable law provides olhenafse) file notice shall specify (a) the detail;, jbl the acllon required la cure 11113 delauit (c) a date, not loss than 30 days hour the pate the notice is given 10 Borrower by witch tt a default most be pored, and 1d) that ladure to cure the default on or before the date specified in the notice may resull in acceleratlolr"0 11 a S�9r secured b, this Security instrument, lorocioswo by judicial proceeding and sale of the Property the nolfce shall tullher inform Bui, let lowoltight to femstato alter acceleration and life light to assert in the foreclosure proceeding the non existence of a default if any other d6f 'se._�99p^- Qagawer to acceleration and 1creelosate If Iha default is not cured on or before the dale specified in the notice. Lender, at its option'�yy rl qtj sninsed+ate payment tit full of all sums seemed by this Secunly Instrument without further demand and may foreclose this Secunly Itts runle'yt by, Leisl proceeding Lender shall be enbted to reflect all expenses mcuned In pufsuing the roreedfes provided III this paragraph 2i`nfcl rig>bYl not immled to, reasonable attornoy's lees and cysts of the title evidence he 22, Raase. Upon payg16n f�4 Bums secufed by this Securely lnshumenl. lender shall Worse this Security Instrument without clfarge 10 Borrower Borrower slittl Ly any iecordalfon costs 23. At(ofneys' Foes. As used in this Security Instwment arid the Note "atohleyS, fees" shall include any attorneys' tees awafded by an appellate court 24. Riders to this Socurity`ln.ioq n!, If ono of n+ofe riders are executed by Borrower and recorded together wnh tills Security Instrument file covenants end agreements?ot act such if at shall be mcoiporalud into and shall amend and supplement the covenants and ayiaemenls of this 5ecmdy Inslruinenl as if; a udel(s):Were a part of this SoCunly Instrument (Check Applicable Hox) i - Adjusts b)e (late hider Ralr lrpre ternent Rider. I - Cundunlinwm KIM f - (;radiated Paynfenl Rider �.- 11>.J-amdy Ridel . I- Second Home Rider f - Halloun Rider I - Bfwee!ily qulonl rdeI. I - Planned Unit Development Rider . i � l.Aherls! ispecifY SltiNtNG BELOW, Bvtrowel accepts and agrees to the forms aljd cBWSriatll Coil Wined In this SBCuhty Inslfunieel and in any ndansi executed by Burrower and recolded wilt it �.'/ Signed seal d doh of eel i i It a pr WitnessoI ess#2— j 5fglfatme>_fh' Slynalme ' . f• . ------ J. rim-itivo ino7 sae S4carr uz Hinojosa Addle ss 608 Clifton st. �'• Immokalee, FL 34142 STATE OF F1nriAa Cl_ COUNTY Of_ Collier I hereby certify that on Ihfs day before fire. an official duly authorized in the stale af$r'd'.d n,(i' n the county aforesaid to lake J Primitivo Hinojosa and Socor.b M az Hinojosa acknowledgments. peisanally appealed to me known to be the personlal de lib In and who executed the foregoing instiunranl and acknowledged before me that ,NL: 1 SHE—, executed the same for the purpose thatch expfei5sed WITNESS illy hand and olticfaf seal in the County and Stale aforesaid this? 1 s t day of _„_/—ApXi_�- ,_,,— -M 20 0.0 Y PAY cunnnisslon,F.xpues _--_-- -- _ Nolan Publ,c's Signatufe iSCAL) d 2 Cn E 0 U) Q r.+:hu3ed wo s I Packet Pg. 1218 16.D.5.g 15000.00 19,50 52,50 Retn: 2055198 OR; 2182 PG: 0462 OELD HOUSING a URBAN DEMOMBYT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEE FORM 0 2800 HORSESHOE ➢R N 05/13/96 at 02:35RH DWIGHT E. BROCK, CLERK DOC-35 NAFLES FL 33942 SECOND MORTGAGE THIS SECOND MORTGAGE ("Security Instrument') is given on lYWCI� 199 8. The Second Mortgagor is: Charts Nelson, a single woman ("Borrower"). This Security Instrument is given to Collier Counter ("Lender'), which is organized and existing underthelawsofthe United States ofAmerica, and whose address is 2800 North Horseshoe Drive, Naples, Florida 33942 . Borrower owes Lender the sum of Fifteen Thousand Dollars (U.S.$15,000.00). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument ("Second Mortgage"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on sale_ of property, refinance, or loss of homestead exemption_. This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of ail other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularly described on Exhibit "A," and which has the address of ("Property Address"): 1055 Rordon Avenue (�D Naples, Florida 33940 (City) (S—) Or) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property.All replacement$ and additions shall also be covered by the Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and thatthe Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS_ Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay all taxes, assessments, sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid, as the same respectively become due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property, (2) all utility and other charges, including "service charges", incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender shall be applied; first, to interest due; and, to principal due; and last; to any late charges due under the Note_ 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrow shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the Gen an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject th a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the Len. 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 Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times thatthe Nate is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to, all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. Al insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause_ Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument; whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers rightto any insurance policies and proceeds resulting from damage to the Property Prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as 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 Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on a_ 2 rn a n Y IS R 00 "bp3ed-up Packet Pg. 1219 OR: 2182 PG: 0463 16.D.5.g FORM 0 the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith judgment could result in forfeiture ofthe Property or otherwise materially impair the lien created by this Security instrument or Lender's security interest Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or tiled 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 Properly as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing, 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect 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. Lenders actions may include paying any sums secured by alien which hasp" over this Security Instrument, appearing in court, paying reasonable attomeys' 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 became additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment 8. Mortgage Insurance. 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 Borrowerwhen the insurance coverage lapsed or ceased to be in effect Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or rts agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking ofthe Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released, Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization ofthe sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability ofthe original Borrower or Borrowers successors in interest Lender shall not be required to commence proceedings against any successor in Interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security 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 or preclude the exercise of any right or remedy_ 12. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property underthe terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (o) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent 13. Loan Charges. If the ban secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security lnstrumentshall be governed by federal law and the law ofthe jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable, 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security lnstzument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of : (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as iFne acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays ail expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure thatthe lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 2- a_ 2 N a z U M m -wn3ed.wp - - Packet Pg. 1220 OR: 2182 AG; 0464 16.D.5.g FORM 0 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice wit[ also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in th s paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default', (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the data specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any attomeys' fees awarded by an appellate court 24. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were apart of this Security Instrument (Check Applicable Box) Adjustable Rate Rider Graduated Payment Rider El Balloon Rider ❑ Other(s) (specify Rate Improvement Rider 1-4 Family Rider Biweekly Payment Rider El Condominium Rider 11 Second Home Rider ❑ Planned Unit Development Rider SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it r , Signed, sealed and delivered in the presence of Print Name: 1t✓1rcd,QcalE ate tu€ji r�reaa�fej STATE OF�✓rJ�a COUNTY OF Nelson Address: 1055 Rordon Avenue Naples, Florida 33940 hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared — - /3 �i - /64LKS a-,., , to me known to be the person(4) described in and who executed the foregoing instrument and acknowledged before me that -5J/E executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this day of My Commission Fxprres Notary.Pu, H rgnaivre Notary's Printed Name (SEAL) moo j ��,�ed.wp OFfiCLAL NOTARY SF.ltl.. JOANNE DALBEY NOTARY PUBLIC STATE OF FLORIDA COMMLSSION NO. C376465 MY COMMISSION EXP. ivLAY 30,x498 M rn 0 N N a Y V la m Packet Pg. 1221 FORM 0 1 Ei.D.S.g *** OR: 2182 PG: 0465 Exhibit "A" Sun Terrace Subdivision, Block B, Lot 3, as recorded in Official Record Book 912, Page 503, Public Records of Collier County, Florida. CEC a x U) m O M rn 0 0 N C O _N d Z O N U U O O a c Y U R m C N E U U Q =P3ed-wP Packet Pg. 1222 Rita: Z849887 OR: Z8811 ru: DO IIUND TtTL!< 0111llltt Rolla I I1CO DID Ill th 0111CIAL 11111101110111 of COW11 C01111"1, IL 01L0 2500,Ot TICK gl 0113012001 at 0111A11 0Y3GNT I. 110Ct, C6111 DC !it 15.01 Wf"*M MORTGAGE OOC',li 1.71 THIS SECOND MORTGAGE ('Sscwuy InstnumunP) is given on Auyusl , 2001. The Second Mwtgag0r is. Miguel & Nalcita itamos, Husband and Wde ('Borrower'j. This SOCU14Y Inslrufnent is givon to Collier Count {'Londor'). which is urganteed and existing under the laws of" United States of America, and whosu address is 3051) North Horneishoe Drive, suit* 1e5, Naples, Florida{ 34014 BQfruwer owns LOndur ill sum ul Two Thousand Me tdundrad and No/ LOOthn Dollars (U,S, : 2 g00 , 00 ). This debt is owdenced by Borrowoa's Nola dated Phu same dale as this 5acursty Instrument ('SocorW Mortgage'). which provid©s fof monthly payments, with the tall debt, d no1 paid earlier, duu and payable on Salt 4f property, xM! iruuco or lass oC hwaeStaed ex Lion This 8ucunly Instiuntunl suruies to Londor: (a) the repayment of the debt evidenced by the Nola. wah interest, and ail renuwals, emunsions and mouldwaticns; (b)1410 paytilunt of all other sums, with interest advanced under paragraph 7 to protect the secunly of the Security Inslrumonb and ic) the poriormaireu of Bv;fOwer's covenants and agreements under this Security instrument and the Note. For Phis purpose, Borrower does heruby sucund rnorlgaga, gram and convoy to Lender the 1111owing described property localed in C011jor Courtly, Florida. As mono particularly described as Lot 10, Block t3, Naples Manor Lakes, Collier County, Florida and which has the address of ('P(operty Address'): 5374 Trasaall Avenues Na lss, florid* 34113 T00EIHEA WI'H. all h s l�rovomunIs now or hr3realtor nnrclud ai U+u prutrudy, ai,d all unsumunts, lights. appurt All re ulacaments royalties, mineral, oil and gas i lb, nC.prolits, water rights and stock and all lixtures now or hereafter a part Of the properly, p and additions shall also be covore;dry jh Security hislrumenl. All of the foregoing Is retorted to In this Security Instrument as the 'Property' BORROWER COVENANTS ih t harrower is lawfully seized of the ustatu hereby conveyed and has the right to mortgage, grant Convey ltte Property and that ttw`#�r yjs noncumbeied, except for encumbrances of record. Borrower warrants and will doland generally the title to the Property against ail claims cjamands, subject to any encumbrances of record. THIS SECURITY INSTRt3MF�ombnnOs unllorm covunani.s for national use and uomurelom+ covenants with limited vacation by juni, dielion 10 constitute a uniform security inslrument covering real property. UNIFORM COVENANTS. Borrower $rid Lirnder covenant and agruu as follows: 1, Paymnt of Principal and tri•teror, repayment and Late Charges. Borrower shall promptly pay when duo the principal of and interest on the debt evidenced by the Note, 2. Taxes. The Mortgagor will pay all axe5. ass ssnanls, sewer rants or water rates prior to the accrual of any penalties cr )nleresl thereon, i as;t ame respuetively bocome due, (A)(1) all taxes and governmental chargesol any 1. The Mortgagur shall pay of cause to be pa' hP.. kind whalsoevee which may at any time be lawiully'aixaysutl. o1;)eviud against or with respect to the Properly, (2) all utility and other charges, Including "service charges', incurred or imposed lot the'' litipi4 maintenance, use, occupancy, upkeep and improvemact of the Property, and (3) all assesaments or other governmental charges that, V(ull��Pr Ira aid in installments over a genial Of years, tiro Mongagar shall be obligated under the Mortgage to pay or cause to bo pa0!1 sec 1 klailments as are required to be paid during the twin of the Mortgage, and shell, PrornPlfy alter the payment of any of the loriegoing, tonyatdLo W���Agiagoo evidence 01 such payment- shall, Appllcatlon at Payments, Unless applicable law provitg pFirerwise, all payments received by Lander shah be applied; Iasi, to interest due: and, to principal dua; and last. 10 any Jars ehargOs,,¢¢uo pnd,,r the Nole, 4. Chii Ltenc Borrower shall pay all loxes, assessirfis;; }larges, lines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold pay of gious�f.renls, if any. Borrower shall promptly furnish to Lender all Micas of amounts to be paid under this paragraph, and all rece}pts Q nc�9 Ito Paymenls. Borrower shall promptly discharge any lien which has pdonty:o r,lht$. ecurily instrument unless Bar+owat: (aj agrees in writing to the payment M the obligation secured by the lien in a manner accoplable to C nd�bl contests in good faith the lien by, or delencfs against enforcement of the Ilan In, legal proceedings which In the Lender's opinion ppo $e to Rrevenl the enloecement of the lion; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating then to t Is' S uyinstrument, If La derr a notice Ines identany ifying then n. rt (trmn , of fire Property is e11i>fect to a lien which may attain priority over the Security �rls tt���` Lender s o! the givin of twtice, Borrower shall satisfy kite lien or take one or mote of the actions set IoAll above, lhrnj�7. ' sy 9 g 5. Huard Of Properly insurance. Borrower shall keep the tmpr0varriants !sting or hereafter erected on the Property insured against t0oe by lire, hazards inchrded within the term'exionded coverage' and any Qlher h ' Ards, including floods or hooding, for which Lender against Insurance, This insurance s1wll be maintained in the amounts and for the pod s tha3 lender requires. The insurance carrier requproviding the Insurance shall be chosen by Borrower subject to Lender's approval which shall Q, unreasonably withheld. y In accordrrowat tails to maintain coverage described above, Lender may, at Lawkes option, obtain coverage to p'ro�SCE a ors rights in the Property In accordance Whirl paragraph 7. At all IImaS that the Note is outstanding, the Mortgagor shall maintain insurartc"ith,r'sa t aft the premiums esin ragasainstpect such o. Asks and for such amounts as are customarily insured against and pay, as the same becom � pq ibte loss re mama to the Premises Including, but not limited to, all-risk insurance protecting the interests of the Mortgagor and Most golf damage by lira, lightning, and other casua111es cuslomatity in against (including boiler explosion, j If eppr6p , te) ,with a un0orm standard extended coverage endorsement. Including debris removal covetago. Such in:rurance at all limes to be in art mou�i t less than the lull replacement sshall have e cost of the Premises, exclusive of footings and foundations. .. All Insurance p011cies and renewals shall be acceptable to I.ender and shall include a standard ' ga 0 clause. Lender shall have the Aghl to hold the policies and renewals. 1! t_ertdor requires, Borrower shall promptly give to Lender all reo9 - ol,p�aid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Londte iagmake proof of loss it not made promptly by Borrower, Unless Lander and Borrower ott+eewise agree in writing, Imiuranee proceeds shall be applied to restoration or repair of the Pfopeny damaged if the restoration or repair is economically feasible and Lenders security is not lessened. It the resloration of repair is not economically feasible or Landers security would be fessened, the in wrance proceeds shall be applied to the sums secured by the Security lnslrumertt, whether or not then due, with any excess paid to Borrower, If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the Insurance carrier has offered to settle a claim, then Lender may coiled the insurance proceeds, Lander may use the proceeds to repair or restore the Property ar to pay sums secured by this Security Instrumeni, whether or net then due. The 30-day period Will begin when the notice is mailed, Unless Lander and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due data of the monthly payments retorted to In paragraph I or change the amount at the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and proceeds resulting liom damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums seeuned by this Security instrument itariediately prior to the acquisition. 6. t3cc4MMy, preservation, Malntenance and ffoleotlon of the. Property: Borrower's Loan Appilcatlon, Leaseholds. Borrower shall occupy, eslabltah, and use the Property as BOrfOwoes principal residence within sixty days aflor the execution of this Security Instrument and shall continue to occupy the Property as 80rrowars 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 Borrowsrs control. Borrower shall not destroy, damage or Impair the Property, allow the Property to doteteorate, or commit waste on the property, Borrower shall be in default if any f0daiture action or proceeding, whether civil or cnm}nal, is begun that in Landers good faith )udgmeni could result In forfeiture of the Property or otherwise materially impair the lion created by this Security Instrument or Lenders security Interest. Borrower may cure such a default and reinstate, as provided in paragraph 18. by causing the action or proceeding to be dismissed with a ruling that, In Landers good faith determinatlon, precludes foife+lure of the Borrowers Iniefesl in the Property or other material Impartment of tits Ifen created by this SaCunly instrument or Lender s security interest. Borrower shall also be in default it Borrower, during the loan application process, gave rrateriaify also or inaccurate informalron or statements to Lender (or failed to provide Lender with any material inl0rmail0n) In connection with the loan evidenced by the Note, including, but not Iimiled to. represenlatiorts cOncemmg Borrowers occupancy IL Q Packet Pg. 1223 OR: 2884 PG: 0567 of the Property as a principal residence. It this Security Instrument is an a leasehold. Bouower shall comply with all the provision of the lease. If Borrower acquires lee tile to the Property, the leasehold and the lau title shall nut Inergo unless Lender agrees to the fnorgar in writing 7. Protection of Lender's Rights In the Property. If Borraivar tails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may slymlicantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture of to onlorca laws of iugulatiuns), than Lander may do and pay lot whatever is necessary to protect the value of the Property and Lenders rights in the Properly Lender's actions may Include paying any sums 5acufed by a hen which has priority over this Sacunly Snatrumant, appearing in court, paying reasonabin attorneys' fees and entering on the Properly to make repairs Although Lender may lake action under this paragraph 7. Lender does not have to do so. Any amounts disbuf sed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this S'ecunty Instrument Unless BOrsowat and Lendor agree to other terms of payment. these amounts Shall bear Interest from the date of disbursernont al the dote rate and shall be payable Willi interest, upon notice from Lender to Borrower requesling payment. S. Mort" Insursnee. it Lender required mortgage insurance as a condition of making the loan secured by this SdCullly Instrumant Borrower shall pay the premiums requfrad to maintain Iho mortgage insurance in ellecl. $1. for any reason the mortgage insurance coverage required by Lender lapses or ceases 10 be in affect, Mirowo, shall pay the prefniunts roquired to obtain cuvueagu substantially equivalent to the mortgage insurance previously inaffect, al a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in elfeict, from an alternate mortgage Insofar approved by tender it substantially equivalenl mortgage Insurance coverage is nut avaiiable, Borrower shall pay to Lender each month a sutra equal to one-tweHth of the yearly mortgage Imurdnee prennurn being paid by Borrower when the insurance coverage lapsed or ceased to be in effect Lender well accept. use and retain muse paynienls as a Iws reservo in lieu of mortgage insurance. Loss toseivo payments may no longer be required, at the option of Lender, if mortgage rhsufance coverage tin the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes avaitalitu and is obtained Borrower shall pay the premiums required 10 malnlaln mortgage insurance In stied, or to provide a loss reserve, uiIz;l the requirement lur mortgage Insurance ands In accordance with any written agreement between Burrower and Lander or apptcable law g. Inspection. Lender,or Its agenl may make reasonable entries upon and inspections of the Pfc"ny Len le, shall give Borrower notice at the lime of or priot Ifs, an#spechon specifying reasonable cause for the Inspection 10. Cotxkmni(1t b ocoods of any award of Halm for damages OKI of ctxlsaquentlal. in connuc;Ion wlth any cundemnallon or other taking of any part of the eer y, or for conveyance in lieu of ccndenmabun. are Hereby assigned and shall tw pdi(t to Len(lut In Ilia event of a total taking of the rJyfot proceeds Shall be applied to the sums secured by this Security Instrument whether Of not than due. With any exCeet paid to Borrower; In the van, of a partial taking of IN- Property ai wh ch the fan rnarkel value of the Pr,ypurty Inmredialuty before the taking is equal to or g'rg3lar rpe amount of the sums secured try Uns Security 1nStrumenl cmnsediately twf +au ttfe taking, ninnies Borrower and Lender otherwise ag`fi tn,wr�i" g, the sums secured by Ihls Security Instrument shall tie roduced by trio draluunt ut the prtx;euds multiplied by the fdlowing traction, (a), li}3 total mount of the sums secured immediafeiy belore the taking, divided by tbl the tail Inarkel value of the Property Immediately before the" king Any balance shall be paid to Borrower In Ilia event of a partiat takinj of the Property in which the fair market value of the Properly immediately bbl�ra Vie taking is 1nss than the arnouril of Iha sums secured immedrdlely fur the taking. unless Borrower and Lender otherwise agt�Q,ingviit�r g or unless applicable law otherwise provides- the prucoods shall tw atapted Id the sums Secured by Ibis Security Instrument whether oi;iiVtlw sums are then clue Unless Lender and Bonowur otriemIse agree irr writing. any appticiii of proceeds to principal shall not milpffid or pq�tpone the due dale of the monthly payments referred le in paragraphs 1 or change the amount of such payments. � 1 I. Borrower Not Relealted, Foft olrftrl y Triter Not a Walver, E xlension of the lime for payment or modification of amortization of the sums secured by this Security fh�ttriir}tie' Q'ajMed Cy Lunde' to any successor in interest of Borrower shall not operate to release the liability of the Original Borrower or tionow8r S-S�ucc, ssgts >r Il+teresl I.andur shall not be required to wrnmenCa proceedings against any successor in interest or refuse to extend lime fpr�pay , it ,)f ulnerw+se modify amortization of the soar Secured by this Sdcufity instrument by reason of any demand made by the anginal; l w0f d(Bo+rower s successors in interasl Any lurWftraau a by Lender in exercising any right of remedy shall not be a waiver of or picl(,)o trie`ryxercise of any right or remedy 12, Sucosssm elld Asslgne Bond; Joint and 9etlst,�, btlly; Co -Signers. The covenants and agreements o1 this Security Insinimenl roil shall band benefit the successors and assigns of., ' rodar'a Borrower, subject to the Provisions of paragraph 17. Borrowers covenants and agreorm kSs sh�1H ref and several Any Borrower who co-signs This Sacunty Instrument bull does rot execute the Note: (a) is co-signing this 5' u ly,insti ,ont only to mortgage. grant and convey that Eiolrowors niterest in the Property txxter the terms o1 this Seeuniy Instrument; (b) is not per o. ail .b�l+galed to pay the sums secured by this Security Instrument. and (c) agrees that Lender and any other Borrower may agree to 8XI186tt: m ! .14rbear or make any accommodaf,,t+tie with regard to the terms this Security Instrument or the Nola wtthouf that Borrowers Consent + + 1S, Loan Charges. It the loan secured by this Sec unity Insirument;rs Svtjeci 10 a law which sets rnaxinium loan charges, and Ihat taw Is Iinaliy interpreted so that the interest or olhei loan charges collected co} ?' a W,11 ek�lod in connection with fire loan exceed the permitted Hinds, then: (a) any such loan charge shall ba reduced by the amount recassary . leVide$ tine Charge to the permitted limit. dnd (b) any sums already collected from Borrower which exceeded permitted limits will I n;lundat11) i rrow i i.ender may chaise Io make this relufid by reducing The principal owed under the Note or by making a direct payrrent to Bvrrbwer oI`f fund reduces pnnc=pal, the reduction Will be treated as a partial prepayment without any prepayment charge under ne Note f 14, N01110e1. Any notice to Borrower ptowded lot an this Sacunty Inslrunson. - -- be given by dei,vering if Or by mailing it by first Class mail unless appiicabfe law required use of dnottwi metriod The notice shall be directed-ih the,Property Address of any other address Borrower detlgrtatae by not ce to Lender. Any notice to Lender shall b? givan 10 Borfowar Of , der, hen g+ven as provided in this paragraph 15. OOVMIF* Law; flieverabitfty. This SoCunly Instrument shall bu governed by f§de11, dW it the raw of the jurisdiction in which the Property IS located. In the event that any provision or clause of Ihlt Security Instrument or Ij N te;c nflos. with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be gfveh Iecti:vi tout the conjilcttng provision To Ibis end the provisions of this Seconty Instrument and the Note are declared to be severable = , IS, oorMW4Ws Copy. Borrower shall be given one conformed copy oI the Note and of Ibis I d,y instrument 17. Trsna}frr of tho Property of a Beneficial Intern In Bcrrrnwr, If all or any pan al Ir tl. riy' any intetesl in it is sold or transferred (or 0 a beneficial Interest fit Borrower Is sell or transferred and Borrower is not a natufal parsonr1111 t Lender's prior written consent, Lender may, at its Option, require immediate payment In full oI all sums secured by this 5ecutity tnslrti nl,..However, this option shall not be exercised fry Lender if exercise is prohitxtfrd by federal law as o' the date of 3h15 Security lnstrurnanl M1, 0 Lender exercised this option, Lender shall give Borrowet notice of acceloeation, The notice shall plovtd0 a nod of not less than 30 days ffom the dale the notice is delivered of mailed wdhm Which Bovowat rrust pay ail sums sKu rod by this Security instrument It Botrowef Idds tU pay these suns pncr to the expiration of this period. Lender may invok 3 any remedies permitiod by this Security Instrument without lurther notice or demand on Borrower. I& Bortowmets Right to Rsinatale, It Borrower meets certain Conditions, Borrower shall have the light to have enforcement of this Security Instrument dlsconlinwW at any time prof to the earlier of (al 5 days (or such other period as applicable law may specify for reinstatement) before sale of the property pursuant to any power of sale c6ntainad in this Security Instrument or (tat entry of a judgmwnt enforcing this Security instrument, Those conditions are that Boriowef (a) pays Lender all sums Wfr,Ch then would tat dud tinder this 'Security, Instnxnenl end the Note as if no acceleration had occurred, tbl cures and default of any other covenants or agreements. Ic) pays all expenses Incurred In enforcing this Security Instrument, 111Ciuding, but not limited to, reasonable attorney's lees, and to. takes such action as Lender may reasonably require to assure that the lion of this Security instrument. Lander s rights in the Property and Borrower's obligation to pay the sums secured by Ibis Secunty instrument shalt continue unchanged Upon roinstatiMent by Borrower, this Security Instfurrwnt and the obligations secured hereby shall remain fully effective as if no acceleration had occurred However, this nght to reinstale shall not apply in the case of acceleration under paragraph 117. 19. Safe o1 Will; Changer of Loan Ssrvlcef. The Nola or a partial interest in the Note tlogeth er with 0 s Security Instrument) may be sold one or moo times without prior notice to Borrower A sale maV result in a change in the entity iknown as the 'Loan Sorvicer'i that collects mohihly payments due udder Ine Note and this Security insirumenl There also may be One Or more changes of the Loan Servscer utraleted to a sale of the Nola. II there is a change or the Loan Servio;r Borrower will be given while notice of the change In accordance with paragraph 14 and appliaabje law. The notice win slate the name am address of iIw new Loan Servicor and the address to which payments should be made. The notice Witt also contatn any other information required by applicable law. 20, }tarardous Substances, Borrower shall rot cause of pilimil Ine presence, use. disposal. storage or reledso of any Hazardous Substances on or in the Property. Borrower shall not rho. nor allow anyone else to do. anything affecting the Property that is in irfoldtion O1 any Environmental Law. The preceding Iwo sentences shall not apply to the pretiance. use. or storage on the Property of sinall quanlitIOS Of Ha lardous Substances that are generally recogreged to be appropriate to normal residential uses and to ma,ntenafx;e of the Property IL Q Packet Pg. 1224 1 *** OR; 2884 PG: 0568 *** Borrower shall promptly give Lander written nonce for any mvastigato i claim. demand lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any H47,ud0us Sul,atanc:e or Envounmenlal Law ul Much Bonowur has actual ldwwdeco. II Borrower foams, or is notified by any governmental or regulatory dulliorny. that any removal or other rontediation of any Hazardous Substance aff"ling IN Property is necessary, Borrower shall promptly take at) nocessary ramddial actions in accandance With Envirorurwnlal Law. As used in Ihla paragraph 20, `Hazardous Substances' are those subiltai"s debried as tom, or lraraidvus substani;ds by Environmental Law and the following substances' gasoline, kerosene, other flammable or louc t etroluurn products, toxic pesticides anj hertncldes. volatite solvents. materials containing asbestos or formaldehyde. and radioactive materials. As used in fit€s paragraph 20, 'Environmental Lan' means ledwal Saws and laws kit the jutisdiction where.. the Property is located that retale to health, safety or environmental protection 21, Aceal•rallont Remedios, Lender shall give notice to Borrower prrur too- accuSoation folluwing lioriuAer s broach dt any covenant or agreement In this Security Instrument (but not prior to accararalio++ under pdrdgrdyr, € 7 unless applicable law pruvides othdrwisal The notice shall specify: (a) Iho default; tb) the action required to ^ore IN default -c, a date not less than 30 days frorn €hit date the notice .s given to Borrower, by which the default must be cured. and id; that failure to uuru the del,mlt a€ or Mom the dale swcibnd in Iris notice may,asult in acceleration of the sums secured by this Security Instrument. Iurecfusure by lud-cial proceeding and sale of the property The notice shalt further inform Borrower of the right to reinstate altar acceierabun and the tight lu assdd in P!e fuructosuru prrrcuedmy the nun•exisianca ut a default or any other defense of borrower to accelerat,on and foreclosure 11 the delaull is not cured or) or before the date speolied in the rotice, Lender, at Its option. may require immediate payment in lull of all sum:, secured by Ihis Secunly lri tvuinunl wi€houl further damdild ,nid mdy lorectose this Seeunly Instrument by judicial proceeding Lender shall be enla$dd iv codeel a€i expenses Inevlred •n pursuing the +dmedies provided in this paragraph 21, including, but not limited to reasunable attorney s lens ana costs of the title evidence 22, Rals•se. Updrl payment of all sums secured by this Sei;urily Instrument. Lender shall release Vies Security Instrument, without charge, to Borrower. Borrower shall pay any recordation CUsts 23. Attorneys' Fees, s used in this Secunly Instrument and the Note 'alturnays fees' shalt include any altorneyslees awarded by an appellate court. 24, RWrrs to I.(i{f4r=l Inslrurnont. If one or more riders are exucuNd by Borrower Ono recorded logullwr with tlwl Security In8lNmenl, the COyenanlS arldenu o1 each such nd9r shall be ir. orporaled into and shall amend and supplement the covenants and agreaments of this Seeuhly'1{#stfum Iles 111110 riderlsi were a part o€ this Security Instrument lCheck Appbcame Box) r. IL ❑ Adjustable Rote Rider at lmprovemant Ridoi ❑ Condominium R !ar ❑ Graduated Payment Rider +`� I•d Family Rider ❑ Second Home Hider El8ailoon Row ❑ Wo_okly Payment Rider ❑ Planned Unit Develnpnlanl Rioter 0 ❑ Of1>er(s) (specify . Cl) SIGNING BELOW, Borrower accepts and agrees to It -lei ,sand covenants cuntamdd in ltt's Secutily Inspumuill and m any rlder(s) executed p by Borrower and recorded with it. k ;;, -, C4 Signed, seA4ed�olivarad711-1"ance v1; �, f O E WrinesstilI ft 41t • ' ,�'�! "9i naiurs: _,to- < I ........ tC rower Niguel llsaor Q, Signature: Witneesa2: £ �� t � _ Ssgi�ilu"s . > }:Its s,�t.... jL.IL! _0 Co:.Bo�r wtr N•rcir• Ramos 0 Signature:-----_---- a. Li Adteess.::, 5374 Traossell Avenue ,, 14., *a Florida 34113 CL STATE OF FLORID „ a:, COUNTY aF� I M . m I hereby certify that on this day, ba€or9 me, an olfieer duly du homed sri if€e's€al oresald and in the county alowsaid to take r aeknowdedpements, poraortafly appeared Mialfol 6 NItClta-Ratngs to me known to be the o fso[I{ l described in and who executed the fufogoing Instrument and acknowledged before me [hat (He/ she/ they) executed the same fOM4 purpgs therein expressed. M .�� i t,1 / *l _ . +�+ WITNESS my hand and olliciaf seal in the County and State aforesaid thfs, _ day of My commission Elrptres,— ary PUt)11it'S 5lgnaltlfe (Seat) _ Notary's Printed Name OFMAL NOTARY SEAL HE0 HAZEL14ORST NOTARY P1I X STATE OF FLORIDA OOWS$ION NO. C13891204 W OMOAMS10N EXP. OCT. 23, 2001 File#: 02-025 Packet Pg. 1225 Lupe Nazario Escrow Processor 11 Stewart Title Company 4450 Bonita Beach Road SW, Suite 46 Bonita Springs, FL 34134 Re: Payoff Letter: Diana L. Rodriguez and German Baca 524123' Place SW Naples, FL 34116 File #09-289 Mortgage Type Date Recorded OR Bool€IPage Amount Collier County SHIP Second Mortgage 10/I3/2010 46146/1390 $5,320.00 Total Arnount Due $5,320.00 No payment will be required until the property is sold, transferred, refinanced, no longer Homesteaded, or is no longer the primary residence of the honrebuyer. At that time the balance of the loan is due and payable. No per diem amount required. Please include with }layoff an additional $10.00 for the recording fee. Please pay with credit card at: https://magic.collectorsolutions.com/magic-ui/onetimepayment/cchs M Payment should be made to "Collier County. Board of County Commissioners" and delivered to: Community & Human Services Division Attn: SHIP Payoff 3339 E. Tamiami Trail, Suite 211 Naples, FL 34112 Sincerely, 7 W2 l e, Aud" Maria C. Aldana Grant Support Specialist Community and Human Services Making Our Community Stronger, One life, One Horne, One project a Time maria.afdono@colliercountyfi.gov (thew Email Address) Community & Human Services Division • 3339 Tamlami Trail East, Suite 211 • Naples, Florida 34112-5361 239-252-CARE (2273) - 239-252-CAFE (2233) - 239-252.4230 (RSVP) - Wm.colh erg oV,,r3sllhMan Service s Packet Pg. 1226 0) m �n r= mm ,� 0 m A zn 00 ac -( z m:� Packet Pg. 1227 INSTR 4485066 OR 4614 PG 1390 RECORDED 10/13/2010 3:53 PM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOCC.35 $18.90 REC $35.50 OBLD $5,320.00 OBLI $0.00 hwlli a lifttn% MAP€E5TITLE, IMC. asillseataiva M,siLm M+A4 FL 34103 6fl �'L • �� ;� SECOND MORTGAGE THIS SECONA MORTGAGE {'Security Instrument} Is given on day of .2010. The Second Mortgagor Is: Diana L. Rodriguez and German A. Baca, married couple ('Borrower). This'Segurity, Instrument Is given to Collier County ('Lender), which Is organized and existing under the laws ottjserllryfaQ lalpsolAmerica. anti whole address is 3301 Xm xasriami Trail, xaples, Florida. 34112 . Borrowerovrtls`is tto o1sumof Five Thousand Three Hundred Twenty and 00/100 Uollara ($5,320.00). This debt Is evidQ,S�,f'6yr drrrtwe(s Note dated the same date as this Security instrument ('Second Mortgage"), who provides for monthy W. due leas a payments, witht!) 1(4 t paid earlier, and payable on sale of property, refinance, or of _ homestead exertionf J This Security instrument secures to Lender. (a) the repayment of the debt evidenced by the Hole, with interest, and all renevgls; aq '' Ign�s and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect fho security of the Seaujily,t write i� \and (c) the performance of Borrower's covenants and agreements under this Secur tylnsWrraMand the Note. For th s purpose, goof ,Opp$ hereby second mortgage, gran( and convey to Lender the Idiawing described property Totaled in 0 Collier County, Flcrtd9; N As more padialady described as Lot 10,S)k 10, Gordon Gale, Unit 6, Pad 1, Collier County, Florida and which has the address of: ('PropertyMdmss'): 5241 3"E,'$ia o Sw Naples Florida 34116 M C (Address}..?' (State) (tip) N TOGETHER WITH all the rmprevemeiits ^ hereafter erected on the property, and ell easements, rights, appurtenances, rents, � royalties, mineral, oil and gas rights and profi(s, a1� i g is and stock and all fixtures now or hereafter a part of the property, All repfacements V and additions shall also be covered by the Seat 1.ty- t L All of the foregoing Is referred loin this Security Instrument as Iho'Property. . R BORROWER COVENANTS that BonawemIs, ra'.JA�. seized of the estate hereby conveyed and has the right to mortgage, grant and m convey the Property and that the Property is unenculn. red,°oil , p( for encumbrances of record. Borrower warrants and will defend generally the to the Property against all claims and de.. d't 8' i.1gcrA .any encumbrances of record. 06 THIS SECURITY INSTRUMENT ambinesun �foor WvCr? is for national use and nomunifeml covenants with limited variation by to constitute a uniform security Instrument�eriri� fl N jurisdiction p �erty. UNIFORM COVENANTS, Borrower and Lend@ errant a'. sores as fotlows: 1. Payment of Principal and Interest; Prepay. to urges. Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note, 2. Taxes. The Mortgagor wilt pay all taxes, assess., s ,' r rents or water rates prior to the accrual of any pena%les or interest ,. O thereon. �: ' The Mortgagor shall pay or cause to be paid, as the sam` (asferlialeiVrb coma due, (A)(1) all taxes and governmental charges of any r kind whatsoever wblrh may at any time be lawfully assessed or lWeSi a�g�aifist °as+n respect to the Property, (2) all ublity and athercharges, induding'service charges', Incurred or Imposed for the operation, malriteifantcr vsef panty, upkeep and Improvement of the Property, and lawkdy be"p�irllt�l ' tZ the Mortg be 0 (3) all assessments orother goverrunental charges that may nt's over a period of years, agor shell obligated under the Mortgage to or cause to be only such Installments ere ' to be during tha term of the Mortgage, and 0 pay paid tqrued paid shall, promptly after the payment of any of the foregoing, forward 10 Morigage}s 9yi 0 %,qv payment. to V 3, Applcation of Payments. Unless applicable law provides olhe ' ;'a€) is received by Lender shag be applied; first, to O Interest due; and, to principal due; and rastr loony tale charges due under the Nplu,e,;, 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges. f aFrd Im lions attributable to the Property which may Q ..es attain priority over this Security Instrument, and leasehold payments or ground rents;any, r shall promptly fumish to tender all M Q notices of amounts to be paid under this paragraph, and All receipts evidencing the paymetal . Y Borrower shalt promptly discharge any lien which has priority over this Searritgl tsbuh�e '' unless Borrower: (a) agrees In writing to V O the payment of the obligation secured by the lien In a manner acceptable to Lender; (b) cbAtga(a fn good faith the Von by, or defends against enforcement *(the lien In, legal proceedings which In the Lenders opinion operate to prevent the ert(ori%mfi nt of the lien; or (c) secures from m the hotder of the lien an agreement satisfactory to LenderzubwoInaCmg the lien to this Security 1141,fu��seni.' Leader determines that any part of the Property Is subject to a lien which may attain priority over the Security Instrument, Lender rtiayglvo_ o¢awer a notice identifying the lien. 'rn Borrower shall satisfy the lion or take one or mcsre of the actions sat forth above within 10 days ot.{hgg 9� . nQtice. 5. Hazard or Property Insurance. Borrower shall keep the Improvements now axlsGngbcltedeat(er_ ted on iho Property Insured 0) E against loss by fire, hazards included within the term "extended coverage' and any other hazards, Indu0n�Al5Od$$ floc6rig, for which Lende r requlres Insurance. This Insurance shall be maintained in the amounts and for the periods that Lender requires., =TYx' Insurance carder V providing the insurance shall be chosen by Borrower subject (o Lender's approval which shall not be unr stria di Id, If Borrower fails to r maintain coverage described above, Lender may, at Lenders option, obtain coverage to prated tender's rfghWi lfsavRro , in accordance Ises ++ Q with paragraph 7. At all times that the Note Is outstanding, the Mortgagor shag maintain insurance w th respe t to against such for customarily Insured against and as the same becomo due and " #1. respect thereto, risks and such amounts as are pay, payabie'rpmi Inducting, but not limited to , all-risk insurance protecting the Interests of the Mortgagor and Mortgafla against loss or amb' to the Premises by fire, lightning, and other casualties customanly Insured against (Including boler explosion, if appnapriate), with a uniform s andard extended coverage endorsoment, including debris removal coverage. Such Insurance at eft times to be In on amount not Tess lati,tjle-ftr6 r4�rlacoment cost of the Premises, exclusive of footings and foundations, z ' A3€ insurance po€ides and renewals shall be acceptable to tender and shall Include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. if Lender requires, Borrorer shall promptly give to Lender all receipts of paid premiums and renewal not ces. In the event of foss, Borrower shad) give prompt notice to the Insurance carrier end 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 tho restoration or repa€r Is economically feasible and Lenders security Is not lessened. If the rostoratlon or repalr is not economically feasible or Lender's security would be lessened, the insurance proceeds shag be applied to the sums seared by the Security Instrument, whether or not then due, with any excess paid to Borrower, if Borrower abandons the Property, or doses not answer wriliin 30 days a notice from Lender that the Insurance carrier has offered to settle a dam, then Lender may cor€ect the Insurance proceeds, Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The W- day period will begin when the notice Is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to In paragraph 1 or change the amount of tho payments. If under paragraph 21 the Property is acquired by Lender. Borrowers right to any tnsurance policies and proceeds resulting from damage to the Property prior to the acqulsll on shall pass to Lender to the extent of the sums secured by this Security Instrument €remedialely prior to the acquistSon. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall oarrpy, establish, and use the Property as Sorrower's principal residence within sixty days after (he execution of this Security Instrument and shall continue (o occupy the Property as Borrower's principal residence for at least one year After the date of ocapa xy, un less Lender othenvise agrees in writing, which consent shall not be unreasonably withhold, or unless extenuating circumstances exist which are beyond Borrower's control.- Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be In default if any forfeiture action of proceeding, whether civil or criminal, Is begun that In Lender's good faith judgment could result In forfeiture of the Property or otherwise matoriaffy Impair the Ile n created by this Security Instrument or Lenders security 'SEE EXHIBIT t+err Packet Pg. 1228 OR 4614 PG 1391. Interest Borrower may cure such a default and reinstate, as provided in paragraph 18. by causing the action or proceeding to be dismissed with a ruling that, In Lender's good faith determination, precludes forfeiture of the Borrowers Interest In the Property orbther malerial Impairment of the lien created by this Security Instrument orl.enders security Interest. Borrower shall also be In default If Borrower, during the loan appficatlon process, gave materially false or inaccurate Information or statements to Lender (or failed to provide Lender with any material Information) rn connection with the loan evidenced by the Note, Including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument Is on a leasehold, Borrower shalt comply with ell the provision of the lease. If Borrower acquires fee live to the Properly, the leasehold and the fee title shall not merge unless Lender agrees to the merger In "Ong. 7. Prolectlon of Lender's Rights to the Property. If Borrower fails to perform the covenants and agreements conlarned In this Security Instrument, or there is a legal proceed ng that may significantly affect tenders rights In the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to onforto laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights In the Property. Lenders actions may Include paying any sums secured by alien 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, Lendo( does not have to do so. Any emoenls disbursed by Lender under this paragraph 7 shall a additlonal debt of Borrower secured by this Security Instrument, Unless Borrower and Lender agree to other terns of payment, tttgse am. nts shall bear interest from the date of disbursement at the Note role and shall be payable, with interest, upon notice from Lender 16)er'Nquestingpayment. S. kiorlbage, fl;;rance, If Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument, Berrgwe� Finalt p�}ythe premiums required to maintain the mortgage insurance in effect It for any reason, the mortgage Insurance coverage requiredrbyLrfap es arceases to be In offecr Borrower shall pay the premiums required to obtain coverage substantially equivalent 10 the mood InsU, neCee previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insuranoe previously in effect, it zl an'alt l 3�mortgage insurer approved by Lender, If substantially equivalent mortgage Insurance coverage Is not availallo, Borrower shaftpa' o Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the Insurancei , cdvq.Wiil psed or ceased to be In effect Lender " accept use and retain these payments as a loss reserve In lieu of mortgage Insuranc6. Los reVerve payments may no longer be required, at the option of Lender, r( mortgage Insurance coverage (in the amount and for the Wed l ISat Lender requires) provided by an Insurer approved by Lenderagain becomes avairablo and is obtained, Borrower shall pay the premiums required to Intain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage Insurance ends In accorcahce wlh a written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender dr.4ls6' nt ' make reasonable entries upon and Inspections of the Properly. Lender shall give Borrower noU at the time of or prior loan Inspectio - specifying reasonable cause for the Inspection. 10. Condemnation. Thep s of any award or claim for damages, drect or consequential, in connection Wth any condemnation or other taking of any part of the Prope `, or for canveyfance In lieu of condemnation, are hereby assigned and shall be paid to lender. In the avant of a total taking of the Property, the p s stipl( applied I,) the suma s secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the eve(i a pat4 1#ng of the Property, in which the fair market value of the Property Immediately before the taking Is equal to or greater than the'At.of IhO,guMS secured by this Security Instrument Immediately before the talking, unless Borrower and Lender otherwise agree in writing, tti 'sums j' WuFwed by Ihls Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction; (a) the total am.wn�(tha''sW,us secured immediately before the taking, divided by (b) the fair market value of the Property Immediately before the taking. An balaf�ce��ll 6pald to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property €mmedlately befo}e�.J�a tald" Is (ass than the amount of the sums secured immediately for the taking, unless'Borrower and Lender otherwise agree In writing Sr'u3 oppli do law otherwise provides, the proceeds shalt be applied to the sums secured by this Security Instrument whether or not the su are a }1uo Unless Lender and Borrower otherwise agree in writing, any applicaCon of proceeds to principal shall eat extend cur postpone' a duQ die of the monthly payments referred to In paragraphs 1 or change the amount of such payments. ,`- 11. Borrower Not Released, Forbearance By Lel No, e wa . Extension of the time forpayment er mod cation of amortization of the sums secured by this Security Instrument grahi by Ikrrd Ipp any successor to Interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in'{rj ' st. L, nder shall not ba required to commence proceedings against any successor In Interest or refuse to extend time for paymerit,06ther Ste di amort zaWn of the sums seared by this Security Instrument by reason of any demand made by the original Borrower or B9PVWei'a 5 ' ssors in interest, Any forbearance by lender in exercising any right or remedy shal not be a waiver of or preclude the a erdsd'o"( 0A hl or remedy. 12. Successors and Assigns Bound; Joint and Several Llabilitf"rCo. _WeN. Time covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and B,p�iPLtie�, oblki 10 the Provisions of paragraph 17. Borrowers covenants and agreements shai€ be jrifgf cur) 3 Se er , Any Borrower who cosigns thls Security Instrument but does not exeale the Note; (a) Is co-signing this Security Instruman` �ily i most age, grant and convey that Borrowers Interest In the Property under the terms of this Security Instrument; (b) Is not personally obliq,% fol sums seared by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, for r � e y accommodations with regard to the terms of this Security instrument or the Note without that Borrowers consent 13. Loan Charges. If the loam secured by this Security Instrument is subjectlq a jll ich sets maximum loan charges, and that law is finally Intorpretod so that the Inlerest or other loan charges collected or to be collectedconne.dolo with the loan exceed the permitted limits, then: (a) arty such loan charge shall be reduced by the arrount necessary to reduce the chalk) 9.the permitted limit; and (b) any sums already ce.eded from Borrower which exceeded permitted Ilml win be refunded to Borrower. 4e r may, nose to make this rotund by redutxng that principal owed under the Note or by making a direct payment to Borrower. If a refund p 1ur g rinclpal, the reductlon wilt be treated as a partial prepayment without any prepayment eharge under the Note, 14, NOIICes. Any notice to Borrower provided for In this Security Instrument that] be g wen d g or by malting it by first class mail unless applicable law requited use of another method. The notice shall to directed 1a the P rill Add ss or any other address Borrower designates by notice to tender. Arty notice to Lender shall be given to Borrower or Lender when given prgrtded In this paragraph. 15. Governing Law; Severablllly, This Security Instrument shalt be governed by `avi of the Jurisdiction In which the Property Is located. In the event that any provision or clause of thfs Security Instrument or the Moto conflicts wit] appt We loco, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect v4#;tr ,&e coma 'r provision, To this end the provisions of this Security instrument and the Note are dedared to be severable. [j 16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrume }f.,'.�:_; 1T. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any iniegQ is sold or transferred (or €f a benendal Interest In Borrower is sold or transferred and Borrower Is rrol a natural person) without Le,1ee s prior written consent Lender may, at Its option, require immediate payment in full of all sums secured by this Security Instrument However, this option shall nol be exercised by Lender N exerdsa is prohibited by federal law as e1 the date of this Security instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the data the notice Is delivered or mailed within which Borrower must pay an sums segued by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, tender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Dorrowera Right to Raln'stato. if Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instrument discontinued at any Ume prior 10 the earlier of: (a) 5 days (or such other period as applicable taw may specify for reinstatement) before Salo 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 Oho 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 alloMeys fees; and (d) takes such action as Lender may reasonably require to assure ttsal the lien of this Security Instrument, Lenders rights In the Property and BonowerS oblrgation to pay the sums secured by this SecurityInstument shal] continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obtigatlons secured hereby shall remale fully effective as if no acceleration had occurred. However, this right to reinstate shalt not apply In the case of acceleration under paragraph 17. 10, Sate of Nota; Change of Loan Servicer. The Note or a partial Interest in the Note (together with this Security Instrument) may be sold one or Mora times without prior notice to Borrower. A sale may result In a change In the entity (known as the 'Loan Servioer') that coneds 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 vrill be given written notJoe e of the change in acmdance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be Made. The notice will also conlaln any other information required by applicable law. d 2 1n 2 U) M O O (3 V tC m 06 N 3 7' O O to to V O 0 CL 3 Y V tC tYi C tv L V r Q Packet Pg. 1229 OR 4614 PG 1392 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 shaft not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Emrlronmenlal Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of sm.0 quantities of Hazardous Substances that are generally reeogntzed to be appropriate to norrTW residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any Investigation, claim, demand, lawsuit or other adion by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, If Borrower learns, or Is notified by any governmental or regulatory au€hority, that any removal or other ramedlation of any Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental taw. As used In this paragraph 20.'Hazardous Substances' are these substances defined as toxic or hazardous substances by Environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesUddes and herbicides, volatile solvents, maledals containing asbestos or (ormaldehyde, and radioactive materials, As used In this paragraph 20, 'Environmental Lau!' means federal laws and laws of the)udsdidion where the Property Is located that relate lot Iih, safetyor envlronmenlai protect en. 21. ,ilCiQle tton; Remedies. Lender shall give notice 10 Borower prior to acceleration fotlosv,ng BerrOwers breach of any covenant or agreemerl( Ir�,�tis, eta, Instrument (but not prior to acceleration under paragraph 17 unless appticable law provides otherwise). The notica shag 5p5cify: (atdefault; (h) the action required to drre the default; (o) a date, not less than 30 days from the data the notice Is given to Borrower, lryvrtr�t� a default most be cured; and (d) that failure to cure the default on or before the date specified In the notice may result In accelerel on of Z4 I�rSS 5 by this Security Instrument, foreclosure by Judicial proceeding and sale of the Property. The noticeshag further Inform {iomovret[of the ' Ito reinslale after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any ether dQfenssd'of o_ "or to acceleration and foreclosure, If the default is not cured on or before the date spec tied In the notice, Lender, at Its option, r&y Ira ( late payment In full of alt sums secured by this Security InstrumenlvMhoO further demand and may foreclose this Security Instv"m j_xial proceeding. Lender shag be entitled to collect all expenses Incurred In pursuing Iho remedies provided in this paragraph Zt, Whdin , but not Iimilad to, reasonable attomeys fees and costs of the, Gda evidence. 22. Refoas&. Upoh payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Bono uror shall pay7LhI' rdat vn vests. 23. Attorneys" Fees. AsdsedecuritylasWmenland the Note, 'attorneys'tees'shalt[ndudeany attomoys'feosawardedby an appegale ccurL 24. Riders to this Security InL If one or more riders are executed by Borrower and recorded togetherwith this Security Instrument, the covenants and egreem oh.such rider shag be Incorporated Into and shag amend and supplement the covenants and agreements of this Security Instrument dde&-Were a part of this Security Instrument. (Check Applicable Box) ❑ Ad;uslable Rale Rider ❑ R2181rn perl(Ri of ❑ Condominium Rder ❑ Graduated Payment Rider ❑ 1.4 Farlm Ftido4„ \, ❑ Second Home Rider ❑ Balloon Rider ❑ D weamy P R!T�r ❑ Planned Unit bevelopment Rider Q Olher(s) SIGNING BELOrde' owe ccepts and agrees to the to 'a :rs uts contained In this Security Instrument and in any riders) executed by Borrower aned w iL J} Signed, sealed er t the presence of Witnesstll: Srgnp o: Biver`, Diana Lt)odrigoz Slgnaiure�`� r. _ l Witness02: Slgnaluro:-' Co -Borrow! 06t-rai4n A. Baca Address: STATE of FLORID COUNTY OF COLLIER I hereby certify that on this day, before me, an officer duly authorized In the state aforesh;d ari In e'copnty aforesaid to lake acknowledgements, personally appeared Diana L. Rodriguez an„d German A. Baca to ken" 0 be the person{s) ., j�� described in and who executed the foregoing Ins W ment and a0mawledged before me that (He! shot they)'exe JedDa41rimo ror the purpose therein expressed, WITNESS my hand and alfdal seal In the County and Stale a ro d 3L% day of J 4t� 20tD: My Commission Expires., Tl)dOT=8W412-notary b c's s;gna l :z Commi2ExpiresNotary's PdntodName �}rJ13 FileN: 09-289 IL 2 U) 2 O U) M O O M V lC m 06 N tU 3 O O V O a CL 3 Y V R m C tU E L V R r Q Packet Pg. 1230 *** OR 4614 PG 1393 '*** , Exhibit "A Lot 18, Block 210, G( according to the plat th inclusive, of the GATE UNIT G, PART 1, a subdivision corded at Plat Book 9, Page 1 through 7, "rds of Collier County, Florida Packet Pg. 1231 AldanaMaria From: Sent: To: Cc: Subject: Importance: Follow Up Flag: Flag Status: Maria, CarrLisa Friday, July 23, 2021 1:29 PM AldanaMaria Lupe Nazario FW: 131612S Payoff Request 5241 23rd Place SW, Naples, FL 34116 (Collier)- Closing date 7/28 High Follow up Flagged Please send the requested pay. Thank you. Respectfully, Lisa N. Carr Senior Grants Coordinator Community and Human Services Division Collier County Government 3339 East Tamiami Trail, Building H., Suite 211, Naples, FL 34112 Phone: 239-252-2339 lisa,carr colliercount fi. ov SHIP CLIENTS: Click here to take our survey Co er aunty Making our Community Stronger: One Ilfe, one home, one project at a time. To Improve our services and technical assistance to our clients, vendors, or subrecipients, we ask that you provide us feedback on our services to your organization by completing a short survey contain at the following links: SHIP CLIENTS: Click Mere to take our survey. INTERNAL PARTNERS: Click here to take our survey. From: Lupe Nazario <Lupe.Nazario1@stewart.com> Sent: Friday, July 23, 2021 12:29 PM To: ResWare Email Service Account<TitleFulfillmentServices@stewart.com> Cc: Carrl-lsa <Lisa.Carr@colliercountyfl.gov> Subject: 1316125 Payoff Request 5241 23rd Place SW, Naples, FL 34116 (Collier)- Closing date 7/28 Importance: High EXTERNAL EMAIL: This email.is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Packet Pg. 1232 Hi Lisa, We are clearing title on the above referenced property and we are in need of the payoff for the 2,,d Mortgage oil title. Please send instructions on how to order payoff from you. Thank you so muchl Have a great day! Always a Pleasure (Siempre un Placer), Escrow Processor II Lee County Stewart Title Company 4450 Bonita Beach Road SW, Suite #6 Bonita Springs, FL 34134 Direct: (813) 459-069U I Fax: 583-9877 1 Lupe.NazariolPStewart.com IMPORTANT NOTICE: We have locked our doors to outside visitors during normal business hours to limit traffic to essential business only, M LIGHT OF THE COVID-19 PANDEMIC, TO LIMIT EXPOSURE FOR ALL INDIVIDUALS, WE ASK THAT ONLY THOSE INDIVIDUALS SIGNING DOCUMENTS ATTEND CLOSING, ALL OTHER INDIVIDUALS ARE ASKED TO PLEASE WAIT FOR COMPLETION OF CLOSING OUTSIDE OF OUR OFFICE, IN YOUR CAR, ETC, Please call our office if you require in person access at 239.992,3303 Normal business hours are Monday through Friday. 8:30 am to 5:00 pm WARNING: DON'T BE A VICTIM OF WIRE FRAUD Wire fraud is on the rise. Cyber criminals are known to hack email accounts and send emalls with fake wiring directions. These emails are convincing and sophisticated. Always confirm wiring procedures with your Escrow Officer at a trusted and verified phone number. Never wire money without confirming that the wiring directions are legitimate and correct. Always call a Stewart known number to verify. Never call "Stewart" using the number on what could be a fraudulent email. Please contact us with any questions or concerns about wiring funds for closing. From: Maria Perez Sent: Friday, July 23, 20219:33 AM To: ResWare Email Service Account<TitleFulfillmentServices@stewart.com> Cc: Lupe Nazario <Lupe.Nazario1@5tewart.Com> Subject: 1316125 Payoff 5241 23rd Place SW, Naples, FL 34116 (Collier) a_ x co 2 O to M 0 0 0 N Packet Pg. 1233 16.D.5.j Rettl: 2618476 0R: 2661 PG; 2520 OLD 250LOO ISLAIED TITLA GUARANTC AGIVII I RICOMID in the OITICIAL RIWROS of COLLAR C0119TY, 11L DSLI 1500.00 PICK UA D111012000 8t 11:5211i11 DWIGHT 1, BROCK, COO BIC 111 15.00 DOC•35 0115 THIRD MORTGAGE THISIII=MQRTGAGE("Sai:uldy111sllunlunt")IsgivunOil __Mar �,,,� Q ____ shosh�dMnrtyayolls Marion D. Williams, a Single Person Boauwat") this Secinny InsUunlunl is grvdu ..___, __. C_ol liex_Cou_71ty__ ___. _ . _- I"Londei'I, which Is organized and existing under the laws of the United Stales of Amouca, and whose address is 2500 North Horneshoe Drive, Naples,. _ Ploridn,...34104 . ilonowor owes Lender the sum of. Two Thoueand Five Hundred Dol fare and rw/100_ (U.S, $2.500,00 ) debt Is evklanced by t3ulluwel's Note listed the settle date as this Security lusnu€Went (" Secund Monyage"). which p€uvidos Jul nlull!My paymanls, wilt' lire lull debt. d nut pall Barbel, due and payable oil sale of prainerty, rofinas�ce, r3<lnua of homestead_exemptioll 7his Security )ustrumantsocurostotender (at the lepayment of the debt evidenced by Iha Note. with Inferest, and all renewals, extensions and modifications: (b) the payment of all other sortls. with interest advanced 1111,101 paragraph 7 to psolect the aacurily of the Security #nstlrrmvnl, and (c) the pa+lounance of Borower's covenants and agreenlonl9 uudef fills) ucurlty Inshuntent and the Mule For this pupa" Bonowof does hereby second mortgage, grant and convey to Lender thu 1uf1owlnif" rsjfpif raper€y located in Collier County,Honda Lot 16, Block 5, AMENDED PLAT OF Asrnurepsncc€Itadyde4edphi a;'" NAPLES MANOR EXTENSION, according 5535 ShoItx St, to the Plat thereof recorded in ("Properlynddress") �`,s';4apled';""i`L 34113 Plat Book 3 Pagge 161 of the Public Records of �o11 er County, Florida ,t'<� TOGETLIFR WITIf all 1 ee improvements now or hereafter erected on the properly. and ali easements, rights, appurtenances rents royalties, mineral. oil and gas nuhts rod pr6fil alef rights and stock and nil fixtures now or hereafter a part of the properlyAll replacements and aiidilions shall also be covotod b�_t41R;c my Instrument All of the roregoing is relenad to ul this Security Instrument as the 'Property' BORROWER COVFNAN IS that cower is lawfully seized of rho estate belehy conveyed and has the right to mortgage grant and convoy file Properly and that llte f iuparfU- nilencuntboied, except for encumbrances of record Borrower wauanls and will defend ge•roral€y tha title Io the Properly against all claisus and item rids; ubject to any encuntblances of record 1111S SECORl IY INSTRUMENT coin ines;;tf iftlins covenants lot national arse and non•undoirn covenants wdfi hwled vauatcun by irrrrsthctloir to Coll54tute a underm Security rnslIuiiieil! c-, veit�y real properly UNIFORM COVENANTS Borrower aw�f 1 oil', I g yenanl and agree as lolruws 1, Payrnertt of Pilnclpal and intorest; P1doa �etft and Lale Charges. Lio€rower shall promptly pay whets due the principal of and interest on fife debt evidenced by the Note 2. Taxes. The Mortgagor will pay all IMS. ssas `en s, sewer Ienis or water rates prior to the accrual of any pelrallies 01 lntelest thereon 4' the Mortgagor shalt pay or on use to be paid, as I tF}L� sanfle@ pacfivaly bucornn due, lA)(1) all taxes and governmental charges of any kind whatsoever whrch Iuay at any time be lawfully a$Eessedp�to led against uI with respect to file f iupelty. (2) all utility and other charges, Including `service charges", Incurred or imposed fora,,cop QAf It, malrrlenance, use, occupanry, upkeep and nnplovenient or the Property, and (3) eft assessitionts or other govomnrenlol charges lhathta ayrfuily be paid fir luslailmanls over a period of years. the Mortgages Shelf be obligated under hire Mortgage to pay 01 cause to be as are requned to be paid dunng the tern€ of lire Mortgage, end shall, promptly altar Ore payment of any of the loregofn+gripr\s;at .�O Mortgagee evidence of such payment 3. Application of Payments, Unless applicable law provides q piD ¢, all payrnenls received by Lender strait be applied. first. W interest due. and, to principal due, and last, to any Tale charges due i ld�ry,l'I9 i 19." A. Charges; Lkou$, Horiower shall pay all taxes, Messnlehl�'`�i;ltatges Inns and impositions attributable to thffWliy which may attain priority over this Sacunty Instrument, and leasehold payments St cfCl r n s, If any t34)(rowor shall promptly furnish to Lender all nollcas of amounts to be paid under this paragraph, and nil sacelpts evfdenciky l##ll Sf P3; (ils Borrower shall promptly discharge any lien which has priority over 11 r�s � uiltynstrunient unless tfolrowor (a) agrees rn wntuig to the payment of the obligahon secuted by the lien fu a manner aeceplable to Le00,-(5),ponf9sts in good faith the hen by. or defends against enlorcenlersl of the her, In. legal proceedings which in the Lender's uphdon operafAiLu.p even€ the onloicernent of the lien. o: lc) secures frail the holder of the hen an agreement satistnclory to Lender subordinating the lion to thus SgcuiJAY'Ipstlunlent If Lender determines that $try part of 111e Property Is subject to allert wlslch play attain priority over the Seconly Instrument, (-el( er rty give Borrower a notice xieithfy!ng the hen Borfower $hall satisfy the hen or take one of rnore of the actions set forul above w4h,a fQ day$$ 6 1_0 g,vl+sg cl notice fi. Hamill or Property Insurance. Borrower shall keep the impluvemenls rauv7 a y1bng gr; h reafler erected on Ito Properly insured against loss by file. hazards Included within the faint "extended coverage' and any other hezar"dt!inii rig floods or hooding, for which Lender 1eQUlla$ InSUTAnCe ihry In7UfariCe Shah be Ill$Ilttailled Ifl thle arnerillt5 all for it'd pcffad9 tbdl L tld�r FBVVifa$ the insurance Carrier p€ovtding the insurance shall be chosen by Borrower subject to LeitdeCs appfoyal whx:h shall nit ka ii"rreasooably withheld li Bemowef laws to mairdain coverage described above, Lender may, at Lender's oplion, 013111 cuvelege to protect L6)m llg,lig its ill the Property an accordance with paragraph 7 At an limes That file Note Is outslandrng, the 1401190901 shall naalrdain InsurnncTWdh s sit to the Premises against such risks and for such amounts as are custonianry insulod against and pay. as tire Santo bucume duo and payable, Ilpramiunhs In respect thereto. Including, but not limited to , all risk rnsolanco proloubug the inlelasss of the Motigayoi and Mortgagee a€)airfsi oss'pr daenegc lu the Premises by fire. light€ang, and other casuallies cusion€anly insured against (Including boiler explosion, If appropfla(g , Wh a undudn standard extended coverage endorsement, Including debris Ientoyal coverage Such ifisuranca at all hales to be in an anwum not less than the frill Ieplacument cost of file Premises, QX€:I€rs1Ve of iublylgS and foundations All insolence policies altd ranewa!s shall ire aeceplable to Lende€ and shall include a standard mortgage clause Lender shall have lire rigid to field the policies and renewals if Lender ierletres, SuItower shall pmulpfly give to Lender au receipts of paid ptenuums and renewal Polices In the event of toss, Borrower shell give prompt nntico to the rnaurance carrion and Lender Lendet may make proof of loss tf riot Made pronrplly by Burrower Unless Lender and Qerramof otherwise agree In writing, Insurance p,oeeetts shall be applied to matorattun or repair of the Property damaged. It the re tuiat1011 or repair Is economically Ieasible and Lenders security Is not lessened n the InstesalAn or repair is not oconorni"Ay feasible or Lender's security would be lessened, the Insurance proceeds shall be applied to the sums secured by the Security lostrumaril, whelher or not then duo, with any exuaea pald to Durrower. If 9onower abandons the Property, of does slot answer within d0 days a n0lice From Lender that Ilse Insurance carrier has offered to settle a clainl, then Lender may collect The insifranee proceeds Lendenay use the proceeds to japan or restore tho Pwpany 01 to pay sums Secured by this Secunly Instrument, whether ar not then due The 30-day period will begin when the notice Is mallod. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to prtnelpal shall not extend or postpone lire due date of the monthly paymonis reforred to In pafagranit 1 or change file amount or n1e payments if under paragraph 21 the Properly is acquired by Lendel, tfunowel's light to any iiisuraucu poheios and proceeds lesullalg from darnage to the Properly prior to The anluisdiun shah pass to Lender to the extent of the sums sormed by this Security Instrument immediately prior to the acquisition. 6. Occupancy, prest€rvailon, Maintenance and Protection of the Property; Borrower's Loan Appllcatlon, Leaseholds. Burrowar shall occupy, establish, aild use the Pwpwly as Borower's principal residence within sixty days alter the execution of this Security Insbtipimot and Shan continue to occupy Ilia Property as Borrowers principal residence for at least one year after the data of occupancy, unless Lender otherwise agrees in wuung. which consent shall prof be unreasonably withheld, or unless extenuating eucufnslances exist which are beyond Borrowef's coiurol. Borrower shall not dostioy, dainago of unpair the Properly, allow the Property to deteriorate, of C011i waste an El _ 2 2 O U) Q Packet Pg. 1234 OR. 2661 PG; 2521 16.D.5.j the Properly Borrower shalt he in default Ifany lorleiture action or plocooding. whulher civil of cominal, is begun that III andet's good With ludgn,onl could result Ili fbrturture of the propotly ur olheiwi5a malonally Impair the hair created by this Sec illy Instrumant ar Lerodur s secwr?y Inletesl Bolrower may cure such a default and romstale as provldud In paragraph 18 by causing the aclwn or proceeding !o be Uisnnssed with o ruling that u, Lender's good faith delemm�oirolt. Pmckl lolterture of Iho Borrower's interest in the Property or LOW n!atenal impa�rinanl of the Ire" cseaied by 11ms Security lusbunhonl or tender's security interest Borrower shall also be In default if Borrower. during the loan application process. gave materially false or Isacculata Infooriauon or stateme=lls to Lender (or Called to provrda Lander with any material infornlotion) in conneebon wnh file loan evidenced by the Note, including, but not Iwiled to, representations concetmng flurrnwer's occupancy of tiro propolty as a pfurc.pal residence If this Secunly Inslrumanl is mu ieasnhold Bclrower shag comply with all the pran5ma of the Naso B Bufsower acquires foe rule 10 pre Property, the loasehotel and the fee tills shall not merge unless Lender agrees to the merger in wnli«9 7, Protection of Londor's Rtghfs In the Property, it 13orraxer fads to peilo€m the Covenants and agruenreniS cordaureiS its this Security Instlu€Went or theta Is a legal p[oceedn;g that may signdreanfly alruct Lendol's frghls "i the Property mull as a proceeding Ill bankwptcy. probate. for condemnation of foriadldu or to eidolee laws or [ogutabonsl than €.ender may do and pay for whatever is ne,�essaly to protect nre value. of the Property and Lender's lights in the Property Lenders actions uray Include paying any sums secured by lion wh:clt has pnonly Dyer tills Security rus(rnnlenl appealing in Loud, paying leasomablo adunteys' fees and eMe«ng an the Property to make Iepa:ts Although Lerida; may take action under this paragraph 7, t.eodw does not have to do so Any amounts disbursed by Ionuar under Ill paragraph 7 shall become adddiooai debt of Bull owe I secured by this Security lost'un,anl Unless Evnewer and Lender agree to other leans of payment those amounts shall bear liftfOst tint" the. dale of disbuisornent at the Note rate and shabe payable, will' mlekesl upon notice from Lender Iv Borrower Iequosbng payrnenl 8. Mortgage IrlSflrarlce, if Lender Ioqurled Inoltgage insurance as a card=bon of making the loan secured by this Secunly Instrument Borrower shall pa the premiums required to nlarnlael the 111909age nlst"llco Ili effect Ifr for any reason the mortgage u,surarwe cuvetaga required by La ldoJ�Yla see or cuases fir be In effect Bdnuwef shall pa'{ Ilea p+elilleal$ required le Uhta}+1 iDYelagn smbv hlllhillEy equivalent to the niottg �a rfi'su rice previously In effect, a1 a cost subslanhahy equivalent to the cost to Borrower of the mortgage insurance previously in effect, hors ar.�mata mortgage insurer approved by Lender if subslarihat(y equvalent tnoifgage Insurance coverage Is not available. Borrower shaV -0 Iti"Laf ar each lon€h a suns equal to or-lweiflh of the yearly mur3gage rnsuaanca plomur,n bang paid by Borrower when the Insure, el{uv.©fa y iapsad ur ceased to be to effect Lender will accept, use and ielam these paymor{ls as a foss resolve m Ilea aF mortgage snsuranca: Lpj e��wa payments May pO longer be [mused, at the option of Lerida;, if moilgage Insurance coverage pit l)ro amour! and for tile. panod'fliat LSh er�regwms) provided by en uhsu+er approved by Lender again bucurnos available and is obtained Borrowar shall pay rho pfeurnnnp, Tgg-,tedAo maeuilln mongngo 3nsurarwu rn ollecl or to piovWu a lass reserve. mold the Iaquie for mo[lgage insurance ends hr accoldflince will, any wntteh agfoement between Boriowel ditd Ill or apPILCMAe law q. Inspection, Lender of its aganl m y nsako reasonable. entries upon and inspections of the P[opany Lander shall glva Dort i liotrce at the lime at or prior to an utsp'gcilpn ff�fymg reasonable cause for the insrtecbOo 10. Condail "- Tlra pruee, s of any award or daini lot dm"ages, direct or consequential in curned=on with ally l condemnation or other taking of ony part of e property, or for conveyance in lieu of condemnation, are hereby assigned and shall he paid to Lender !If lire event of a iota; Iaking of theme rapedy S)Ie proceeds shaft be applied m to the sus secured by his Security Isishumerrt whether or not than due. with any excess paid to Bunowe[.' t}} ie.o, enl of a pattial taking of Tire property. in which the fall market value of the PrOPerty Immediately before the taking is equal to or greafat. 41i9 t amount of the sums secured by this Security Instrument inlnhedlately before the laknig. unless Borrower and Louder olhetwrsu agree-M,Wlii�I)$, the sums secured by this Security instrument shall be reduced by thu amount of She proceeds rrrulbplied by the followehg fracliot (al,lh to t.4lount of the suites se=uted unmed,ately beime the taking. dswded by tie) the lair market value of the Property Immediately belole the.•I�k'iW.,Ah balance shall be paid to Borrower In the event of a verbal takv,g of the Property in which the fair market value of the pro pertyIli?+li3 .i8\(ely before the taking Is IQ$$ than the amount of the sums secured immediately for file taking. unless Borrower and Leader atherwise'agr�;r lhw ling or unless applicable law otherwise provides. the procoods shall be applied to the sums secured by this Security Instrument what hgt'efnpf {he sums ere their due Unless Lender and Borrower otherwise agree m writing, any application of proceeds to principal shall not oxfeI or. post �no the doe data of the monthly payments referred t0 m paragraphs 4 or change the amount of sucif payiuenls ,� it. Borrowar Not Raleased, Forbearancedy Lsflder.No' Waiver. Extension of the little for payment or nwdthcation Of 11 arriolezabon of the score secured by this Seeunty Insbornenl grant�i,.by Lon ar to any successor in interest or Borrower shall nut operate to release the habahly a€ the original DOrrower or Botrower's successorsy� he. st Lender shall not be required to commence proceedings against any successor Ill interest or Musa to extend Irmo for paymorit O{ plq r%O�modify arnoilizaliun of the sums secured by this Security bistrument by reason of any demand made by the original BarseWBl or.BotylGra'4's successors in interest Any forbearance by ,under In exorcising any right or remedy shall not be a waiver o1 or preclude the exert a of,rsrly` Ighl or remedy t2. successors and Assigns Bound; Joint and 5avoral L}a4 7.Gp Sj�ners, The COVerlents and agreements of tins Socurdy Inslfumom shall bind and beneld Ilre successors and assigns of Lender and Bei�pp v9 'S' U floct to the provisions of paragraph 17 Banoww's covenants and agreements shall be;jbih fits ve+al. Any Borrower who ce signs €Ills Security Ins,;mnen! but does not execute the Nola. (a) is co�srgnfnq Ihrs $ecunly Instmmaai.pnly-do, oitgago grant and convey that Borrower's mteres€ in the Property under the terns of (ins Security InslrurpariL lb) is not peleona)fq oBhgato • a pay the sums secured by this Security Imtrument and (c) agrees that tender and any other Borrower may agree to extend, modify furbear,or-make any occommodahons with regard to the terms of this Secunly Instruirreni or the Nola without that Buriowa['s consont ;. 13. Loan Chi rl If titre loan secured by IhIs Security instrument is subject,le. a tavEI)hich sets maxunum loan charges and that law is finally Intwpieted so that the m€emst or other loan charges Volts cled or to be colletlo�d i Gonna bon with the loan exceed the permdieet limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce 1h-e'c irgie 0 the pwinitted fault and de) any sums already collected from Borrower which oxceeded petmMed brats will be relunded to Borwwer;tool may choose to make this Ietuh,d by reducing the principal owed under Iho Nolo or by making a direct payment to BCnuwar If atrdf i,d daces principal, the seduction will De healed as a partial ptopayment without any plepayn,enl charge under the Note 14. Noltoes. Ally notice to Bonuwer provided for in this Security (nshumem shall be �ryph'-II y�'! oaring A of by trading it by first class mail unless applicable law required use of anolhor method. The notice shall be directed to the Pre' rfy�" ddfess or any other address Borrower designates by notice lu Lender Any notice to Lender shall be given to Boner or Lender whoa glJe as'F(rovide6 in this paragraph if. Goverfring Law; Severabll(ty. This Security )nslrurnenl shall be guvenuIld by fedeiat law a��te laarbl tha lunsdicbon in which the property is Cacaleo in the event that any provision of clause of this Secunly 1nslrument or the Note conflicts wdh applicable law, such conflict shad not affect other plovtslons of this Sucunty Instrument or 1hfNoto which can be given egecl without rho =onfirchng u4ovis4n To this end the ptovlslons of tills Security lnslrumenl and the Note are declared to be severable 16, Borrower's Copy. Borrower shall be give" oee confn+utad COPY of trio Nola and of this Security lustrurnen} 17, Transfer of the Properly or a Beneficial Inturust In Borrower. If all or any part of the Property or any interest Ili it is sold or transferred (or if a beneficial Watest in Bonewef is sold of lransforied and Dtinowof is noI a natural person) wrmout Lender's pit I written consonl. Lender may, at its option, require !mmediato payment in full of all sunss secured by this Security Inshunient Howevethls option shall not be exercised by Lender if exuiciso is prohibited by federal law as of the date of this Security Instrument If Lender exerclsed this option Lender shall give Borrower notice of acceleration The notice shalt provide a polled of not less than St) days $Tom the dale the notice is delivered or maded within which Borrower must pay all sunss secured by this Security Instrument It Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permtlled by this Security instrument without further notice or demand on Borrower tg, Borrowar s Ripht to Reinstate. 11 Borrower meets cedarn conddruns. Donowor shall have the tight to have etfolcenrent of brie Security Instrument discontinued at any time pool to the eatielol (a) b shays (ur such other period as applicable law may specify lot rernstalemont before sale of the Property pursuant to any power of sale contained in this Security InsDunient, at fill entry of a Judgment enforcing this Security Instrumant Those condhoris are that Borrower ta) pays Lender all sums which theft would be due under ul,$ Security instruumenl and the Note as If no acCaleration had occuued. (b) Cures and default of any other covenants of agleenlents, tcl pays all eaper,ses incurred in enforcing this Security Inshunient. including, but not Wiled to, reasonable attomoy's fees and (d) takes such actun as Lender map reasonably require to assure that The Iron of this Security Instumenl. Lender's rights in the Pi peily and Bonowei s obligation to paY the sums secured by tills Security hrn istluent shall continua unchanged Upon resnslatemem} by BOnDwel, thus Secwdy Inshunient and the obhgaaons secured hereby shall remain fully effective as if no acceleration had oceunod Howeva[, this right to reinstate shalt riot apply ac Chu case et accele fallen under paragraph 17 19, Sala of Note; Change of LoanServicor. Pro Nola or a pamal intarost if' the Note (together with this Socuhty Inshunient) may be sold ono of more boles Mboul pilot notice to Borrower A sale May Ies» n el a Chan go Iq the enbly (known as the 'Loar£eNrCef) 1tI31 collects monthly payments due undo[ the Note and this Security Instrument Thero also may be one of more changes of the Loasalvlcer El 2 2 O U) M CD CD CD CM to co fir t.1 O C O. 7 Y V m C d t V to Q ccbo3ed we. Packet Pg. 1235 *** OR; 2661 PG; 2522 w** unieleled to a 50lu of the Note If lhere is a chango of the Loan 5eryiCer Harrower Kill be given written notice of the change us accordance Wilk paragraph 14 and applicable law The notice will stale Tile narne and addluss of the new LoarSelvicar, and the address 10 WhICh paynlenis should be made Ti}e notice will also contain any other hnfofmation requiled by applicable law 2o. Hazardous Substances, Borrower shall not cause or pehnU the presence use, disposal storage, or rahease of any Hazardous Substances on or in the Pfope}ly (iorrowef shall not do, nor allow anyone else to do anythil, alfacUng the Ploperty that is ,n violahat of ally Environmental Law Tha preceding Iwo sentences shall nu! pRlolall op}}lalBas Uenl al Sestand o nail ter al the ;nee of heny of sniaIl ld Prupegya ltcuas of Hazardous Substances that ore generally recognized to be appropriate Borrower shall plo llptly give Lender Witten nuke lot any I+Ivesligahon claim, dufnand lawsuit or Other action by any gavurnmedial or regulatory agency of private party mvotving the Nfopu(ly and any Ifarardous Substance or Env{fonmenlal Law of which Borrower has actual knowledge If Harrower learns 'If is notified by any govamnhenlal or legulatory authority. Thal any leinovat or otheranied}alwn of any Hazardous Substance alfeclmg the PIOpelly Is necessary Borrower shall prunhpriy tetra au necessary remedial achous ,n accordance will} Environmental Law A5 used In (hI5 paragraph 20,'f€azardous Substances, ale those substances defined as toxic of haraldous substances by F.nviionn'en1a1 Law anr) the following substances gasoluho, kelasane, other 1lanunable of toxic pebuivun, pr(lducls toxic postiCides and hwbnades vJlable solvents materials contamlhg asbestos or fotmaldehyde, athd radioactive ntaleriais As used in this paragraph 20 "Eovnoil ilia ntal Law' means federal laws and lasvc of the)urisdichwl where tiie ('ioperfy �s located that ielale to heath, safely or onvironinental protection 21. Acclitaralion; fteinedies. Lender shah give notice io Borrower pnty to accolerahan lollowmg Hcrrdwe(s breach of any covenant or ag+eamefn Ill Il}ls Security Instrument jbut not p)ivr to accelerolwn under paragraph I unless applicable law pruvidas t,Qienvise, I he uolica shall specify Ill le default, (bi Vie scion requuad to curs the delau)1. I,) a late, not less than 30 days born the date the I+011ce is given to Lloerowet. by: Wlpch rn,� efault rnusl be, trued. and (d) ill:at failure to cute IhV dutaull on of before the date spec,i€ad in the notice may resuR m accoteralloii"ol�i?1"� un sacurad by this Security rustiunanl, lo,eclnsu!e by judicial proceeding and sale Of the piepe,ty The notice shall further inrorni BoIrQHl7to"t,ghl to foloslate atler acceleration and the tight to assert )rh the foreclosure proceeding the non"o><Islence ur a default or any olhar ill'( ot'B rower to accelprotmn arid IOreCIOSUre It the delaull is riot cured on or befofo the dale specified us nee not€ce. Lander. at its optio.y_left I m€rnelhe payment in tull of all sons secured by this Seconty instrument wthout further deinarld and may foreclose this Security ll)sfiiitu " ll,b judicial pieceeding, Lender shall be antilled to coliacl an expenses Incurred m polsuniy the Ienledies provided ill this paragraph 21 nil uduig b not Idtnled to, reasonable attorney's lee> end costs of the, hha evidence 22. Raloepo. k)i,oft payr!T f (All suit7S secured by this Seaufny Inst+w+urn! Lund„i Shan faluase thls Sec�sn}y Inybunauru .y �lhuin charge_ to Borrower ©onowor slinif pay any recordation costs Security hishunlent and the Note, attvn}eys' fees" shall Include any attarneys' fees arvdrded 23. Attorneys' Fells. As used 19 [Ill by an appellate Court 24. Riders to tills Sacurily`misl�u sill. If one or wore hders are executed by Botfower and recoided together wdtl tins Sacunty Inshumenl the covenants and a(,gweritan4$ f,'acll such Ilder shall be incorporated ;rite and shall amend and supplement the cuYel,anls a:Id agieernYwts of this Security inslrurnenl as If he Ildei0j,.Weio a pail of this Security ll, thunhent iChaCk Appkicabiu (lox) Adjustable dale Rider plant Rider•) Condominium Ridof ..:. . } • Graduated Payment Rider ``�) _ . li05�mty ftrdor Second Hone Radar ) . I - Balloon Rider I - BrweeklyFyafhb1It'Hrdef, r - Pfanncd Unit Uovetopment Rider I- Olhertst tspac,fy - ^L `! s'\?� ed ShGNING BELOW. BUtiewef accepts arid agrees to trite terms and 4e461Jarns contail}ed in this Security hishunsdnr and in any fit ris) e><ea t by no, fuwarand recorded with it - t Signed se detiv redli It a PrJ n ` •f 1 11 .` y Wlhlea5N t� Siynatwa ,"ifLYa--� _- Srgnalute ____ Maroon D. Williams owrowef: A<Id(ess 5535 Sholt2 St. Naplest FL 34113 STATE OF— F I ni:iA&-- COUNTY OF__Ql I. J gL __.. heresy certify that on this day. before file Marion acknowledgments personally appeared _ foregoing Instfurnarlt and acknuwledged before rile that an office( duly auhhonzed in the State eSalsj"a+� m the coursty 31010sa1d to ta}+e D. W11111atoS to ma hnowfl to be €he pe;san€sS2t $Cn ecf Ill and who executed the ,HE r SHE__ executed the saute for the pulpose,�frp nh-axoessed WI I NESS lily hand and olhcAl Seat Ill Tile County and Stale afuiesnid this 3A.� dayOf Marfih — _.� -- X%_-000 My Commission Expires _— 0 1' ��yff r-`�1� s(�19(A 7 i -- — Notary's Printed Name (SI-AL} Q 3 Packet Pg. 1236 ccbo3ed we 16.D.5.1 Fund 1VBS Element 'Cost Element r Cost element name Document Number Name Doc. Text Posting Date E VaVCOArea Crcy 791 33759.1 369600 GRANT PROGRAM INCOME 102675501 SHIP CAWS, CRAIG 904-161 CHS 09/01/2021 10,000.00- 791 GRANT PROGRAM INCOME 102677993 SHIP CUENCA, DOUGLAS F0F# 05-089 CHS 09/09/2021 18,000.00- 791 GRANT PROGRAM INCOME 102683426 SHIP RODRIGUEZ, DIANA 909-289 CHS 09/10/2021 5,320.00- 369600 bGRANT PROGRAM RICOME 33,320.00- 33759.1 b • • 33,320.00- L ... 33,320.00- Packet Pg. 1237