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Agenda 04/11/2023 Item #16D 4 (Authorize the Chairman to sign Two mortgage satisiactions for the State Housing Initiatives Partnership loan program)04/11/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign two (2) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $23,310 and the associated budget amendment. (SHIP Grant Fund 791) 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 mortgage that has been repaid in full. As such, satisfaction of mortgage is required. File # Name Reason for Public Record Mortgage Payoff Payoff Amount Amount 05-135 Sebastian, Maria Sold Property OR 4167/PG 1550 $18,750 $18,750 Andres (n/k/a Jimenez, Maria Andres) and Pascual Sebastian 09-331 a/k/a lantosca, Anthony Sold Property OR 4422/PG 3837 $4,560 $4,560 09-079 Total $23,310 $23,310 Approval of this item will authorize the Chairman to sign the aforementioned satisfaction of mortgages and the executed document shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The repaid amount of $23,310 satisfies the payoff amount. This repayment is considered program income and has been deposited in SHIP Grant Fund (791), Project 33807. Deposited funds will be used for SHIP -eligible activities. The Budget Amendment recognizes $23,310 in program income, of which five percent (5%) will be used as Administrative Funds. A $10 recording fee has been paid by Maria Andres Jimenez and Anthony lantosca. LEGAL CONSIDERATIONS: This item is approved for form and legality and required a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: To approve and authorize the Chairman to sign two (2) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $23,3 10 and the associated budget amendment. Prepared By: Irma Jimenez, Grants Coordinator 1, Community and Human Services Division ATTACHMENT(S) 1. SHIP SOM Jimenez & Sebastian (PDF) 2. SHIP SOM lantosca (PDF) 3. Back up Docs SOM- Jimenez & Sebastian —Redacted (PDF) I Packet Pg. 1066 04/11/2023 4. Back up Docs SOM lantosca (PDF) 5. SAP Payment (PDF) I Packet Pg. 1067 04/11/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4 Doe ID: 24776 Item Summary: Recommendation to approve and authorize the Chairman to sign two (2) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $23,310 and the associated budget amendment. (SHIP Grant Fund 79 1) Meeting Date: 04/11/2023 Prepared by: Title: Grants Coordinator I — Community & Human Services Name: Irma Jimenez 03/14/2023 9:57 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 03/14/2023 9:57 AM Approved By: Review: Corporate Compliance and Continuous Improvement Todd Henry Community & Human Services Kristi Sonntag CHS Review Communications, Government, and Public Affairs Lisa Weinmann Office of Management and Budget Blanca Aquino Luque Additional Reviewer Operations & Veteran Services Jeff Weir Additional Reviewer Community & Human Services Lisa Carr Additional Reviewer Community & Human Services Todd Henry Additional Reviewer Community & Human Services Donald Luciano Additional Reviewer Public Services Department Todd Henry PSID Level 1 Reviewer Grants Erica Robinson Level 2 Grants Review County Attorney's Office Derek D. Perry Level 2 Attorney Review Public Services Department Tanya Williams PSID Department Head Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Grants Therese Stanley Additional Reviewer Office of Management and Budget Christopher Johnson Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Additional Reviewer Skipped 03/15/2023 10:49 AM Completed 03/15/2023 3:35 PM Additional Reviewer Completed 03/15/2023 3:39 PM Completed 03/15/2023 4:14 PM Completed 03/17/2023 8:25 AM Completed 03/17/2023 3:19 PM Skipped 03/20/2023 7:26 AM Completed 03/20/2023 1:29 PM Completed 03/20/2023 3:23 PM Completed 03/20/2023 3:33 PM Completed 04/03/2023 8:32 AM Completed 04/03/2023 11:22 AM Completed 04/03/2023 11:29 AM Completed 04/04/2023 11:12 AM Completed 04/04/2023 3:24 PM Completed 04/04/2023 4:28 PM Completed 04/04/2023 4:58 PM 04/11/2023 9:00 AM I Packet Pg. 1068 1 Prepared by Irma Jimenez Collier County Community and Human Services 3339 E. Tamiami Trail Naples, Fl, 34112 THIS SPACE FOR RECORDfNG SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLOREDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Maria Sebastian n/k/a Maria Jimenez Andres and Pascual Sebastian to COLLIER COUNTY, dated January 4. 2007 and recorded on January 10, 2007 in Official Records Book 4167, Paee 1550, of the Public Records of Collier County, Florida, securing a principal sum of $18,750.00 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 this _ day of 2023, Agenda Item No. 16.13 ATTEST: CRYSTAL K. KINZEL, CLERK 0 , DEPUTY CLERK Approved as to form and legality: Derek D. Perry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA LO-A Rick LoCastro, Chairman [23-SOC-00997/1766166/1 ] Page I of I OA� Packet Pg. 1069 Prepared by Irma Jimenez 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 Anthony lantosca to COLLIER COUNTY, dated January 22,2009 and recorded on January 27, 2009 in Official Records Book 4422, Paae 3837, of the Public Records of Collier County, Florida, securing a principal sum of $4,560.00 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 this _ day of 2023, Agenda Item No. 16.1). ATTEST: CRYSTAL K. KINZEL, CLERK 201 , DEPUTY CLERK Approved as to form and legality: Derek D. Perry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA am Rick LoCastro, Chairman [23-SOC-00997/1766168/1] Page I of I rA- Packet Pg. 1070 00#78Y COUnty Public Services Department Community & Human Services Division December 3 0, 2022 Norma Laliberte Assistant Director, Family Selection Habitat for Humanity of Collier County 11145 Taniiami Trail East Naples, FL 34113 Re: Payoff Letter -Maria Andres Jimenez (alk/a Maria Sebastian) and Pascual Sebastian 1268 AUegiance Way Immokalee, FL 34142 Mortgage/Lien Type Date Recorded OR Book/Page Amount Due Collier County SUM Second 01/10/2007 OR 4167/PG 1550 $18,750.00 Mortgage File #05-135 Payment should be made to "Collier County Board of County Commissioners" and delivered to: Community & Hurnan Services Division Attn: SHIP Payoff 3339 E. Tamiami Trail, Suite 211 Naples, FL 34112 Please miclude a separate check M' the amount of $10.00 for each payoff amount made payable to: Collier County Board of County Commissioners for the cost of recording. Sincffely, Z644 Z ?4" Lisa N. Carr Giants Coordinator II Corn munity& Human Services Division -3339Tarniami Trail East, Suite 211 -Naples, Flo fida 34112-5361 239-252-CARE (2273) - 2N-252-CAFE (2233) - 239-252-4230 (RSVP) - nw.Dolliergov.nel1hurnanseNbes I Packet Pg. 1071 Jimenezirma2 From: Norma Laliberte <NLaliberte@habitatcollier.org> Sent: Friday, December 16, 2022 9:32 AM To: CarrLisa Cc: HernandezElizabeth; Cecil Jeff Ocecil@porterwright.com) Subject: Maria Andres Jimenez — 1268 Allegiance Way, Immokalee, FL 34142 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good morning, Lisa. Habitat will purchase this property. Please could you send me the pay offs for SHIP & Impact Fees. Thanks Norma Lalliberte Assistant Director, Family Selection Habitat for Humanity of Collier County 11145 Tamiami Trail East I Naples, FL 34113 Office: 239-775-0036 1 Fax:775-0477 habitatcollier.org 01300 Better tonnorrow. . ' " r �', " I V Built today. wiw_ 0KT 4 Habitat *6 *W ftwAww 1A(*NWCQ" CONFIDENTIALITY: This e-mail and any files transmitted with it are the property of Habitat for Humanity of Collier County, Inc., are confidential, and are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipient(s) or otherwise have reason to believe that you have received this message in error, please notify the sender at (239) 775-0036 and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. I Packet Pg. 1072 1 PORTER WRIGHT MORR IS &ARTHUR, LLP Paid To The Order Of: Collier County Board of County Commissioners Date: 01/10/2023 Amount Of This Check: ****18,750.00 File No.: Buyer: Seller: Property; Settlement Date: Disbursement Date: Charge Detail: Lien Payoff 4002074.237403 Habitat for Humanity of Collier County Inc., a Florida, riot for profit corporation Maria Andres Jimenez 1268 Allegiance Way, h=okvlee, FL 34142 OV10/2023 -r.Yo1--'ferwn( h.. j.- ftf REAL ESTATE TRUST ACCOUNT 9132 97RADA PLACE, STE 301 NAPLES, FLORIDA 34108 (239) 593-2900 PAY TO THE ORDER OF. Collier County Board of County Commissioners * * ��ighteen Thousand Seven Hundred Fifty and 00/100* * 0 PORTER WRIGHT MORRIS& AFTH UR, LLP Paid To The Order Of - Collier County Board of County Commissioners File No.: Buyer: Seller: Property: Settlement Date: Disbursement Date: Charge Detail: Lien Payoff 18,750.00 SYNOVU9 Syft�vus 2mk. f0amb� FM 64-60/611 01/1012D23 ****18,750.00 DOLLARS . N'il Date: Aniount Of This Check: 01/10/2023 ****18,750.00 4002074.237403 Habitat for Humanity of Collier County Inc., a Florida not for profit corporation Maria Andres Jimenez 1268 Allegiance Way, Immokalee, FL 34142 01110/2023 18,750,00 I Packet Pg. 1073 r- PORTER WRIGHT MORRIS a ARTHUR, LLP Paid To The Order Of; Collier County Board of County Commissioners Date: Amount Of This Check: 01/10/2023 *'1'******10.00 File No--. Buyer: Seller: Property: Settlement Date: Disbursement Date - Charge Detail: Recording fee 4002'074.237403 Habitat for Humanity of Collier County Inc., a Florida not for profit corporation Mafia Andws Jimenez 1268 Allegian" Way, 1mrnokalee, FL 34142 01/1012023 terwrii-a t Uh REAL ESTATE TRUST ACCOUNT 9122 STRADA PLACE, STE 301 NAPLES, FLORIDA 34108 (239) 593-2900 PAY TO THE ORDER OF Collier County Board of County Commissioners PORTER WRIGHT MORRIS & ARTHUR, LLP Paid To The Order Of: Collier County Board of County Commissioners File No.: Buyer; Seller: Property, Settlement Date., Disbursement Datr.: Chargc Detail; Rgoordiag fee 10.00 SYNOVUS 64-60/611 OV10f2023 DOLLARS MWE S 3.: .'(.0 AN I % M i 14, Date: Amount Of This Check: 01/10/2023 ********10.00 4002074.237403 Habitat for Humanity of Coliier County Inc., a Florida not for profit corporation Maria Andres Jimenez 1268 Allegiane Way, Immokalce, FL 34142 Y1 01/10/2023 10.00 I Packet Pg. 1074 r 3957564 OR: 4167 PG: : RICORDID in OFFICIAL RICORDS of COLLIER u 01/10/2007 at 08:10AX DWIGHT 1. BROCK, CLERK S NI) MORTGAGE OBLD 18750.00 OBLI 18750.00 RIC FIE 27.00 DOC-.35 65.80 Retn: PORTER WRIGHT IT AL 5801 PELICAN BAY BLVD #300 NAPLES FL 34108 2709 C", 20t T- THIS SECOND MORTGAGE ("Security Instrument") is given o I �, 200V The Second Mortgagor is: Pascual & Maria Sebastian, Husband and Wife ("Borrower"). This Security Instrument is given to Collier County - ("Lender"), which is organized and existing unde the laws of the United States of America, and whose address is 2800 North Hors��shoe Drive, #400, Naples, a Florida 34014 . Borrower owes Lender the sum of Eighteen Thousand Seven Hundred Fifty and No/100ths .2 13011ars(U.S.$ 18,750.00). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument ("Second th M Mortgager), 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 U) evidenced by the Note, with interest, and all renewals, extensions and modifications,- (b) the payment of all other sums, with interest advanced 06 under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located i G,1 Cb4ier County, Florida. 0 As more particularly described -is �M.42, Independence, Phase 11, Collier County, Florida and which has the address ofl 7 ("Property Address"): 12fiS,Allegiance Way, Immokalee, Florida 34142 TOGETHER WITH all the imp*errt6nts now or hereafter erected on the property, and all easements, rights, appurtenances, rents 0 1 2 royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property, All replacements — and additions shall also be covered by the Security instrument. All of the foregoing is referred to in this Security Instrument as the "Property". 0 BORROWER COVENANTS that'Borr&;�r is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and r_ 0 convey the Property and that the Property is unepicumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and ddmands� -subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines *jfifiorm covenants for national use and non -uniform covenants with limited variation by LA jurisdiction to constitute a uniform security instrumeni. c9ve4ng, real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepa yme nt and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. r-- 2. Taxes. The Mortgagor will pay all taxes, assessmerfis,s r rents or water rates prior to the accrual of any penalties or interest 1* thereon. ! ewe N The Mortgagorshall pay orcauseto be paid, as the sa0e respbctiveiy become due, (AX1) all taxes and governmental charges ofan) '0 kind whatsoeverwhich may atanytimebe lawfully assessed or� levied 4ajnst or with respectto the Property, (2) all utility and othercharges, .20 including "service charges", incurred or imposed for the operation ainteriance, use, occupancy, upkeep and improvement of the Property, an m (3) all assessments or other governmental charges that may lawfully bep&d in installments over a period of years, the Mortgagor shall be '0 Q obligated under the Mortgage to pay or cause to be paid only such insfa I , are required to be paid during the term of the Mortgage, and "119Deriis �s ofl shall, promptly after the payment of any of the foregoing, forward to Mortgagee 6�oence of such payment. r_ 3. Application of Payments. Unless applicable law provides otheniyise, all payments received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late charges due under theNote' 4. Charges; Liens. Borrower shall pay all taxes, assessments, chwij;s)�ancl impositions attributable to the Property which ma, '� .0 I f attain priority over this Security Instrument, and leasehold payments or ground re�ts. i pny, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing tfie pa�menps. Q Cn 06 Borrower shall promptly discharge any lion which has priority over this Security instrument unless Borrower; (a) agrees in writing to N the payment of the obligation secured by the lien in a manner acceptable to Lender; (W6ontests.in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevenjAhe enforcement of the lien; or (c) secures from E the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Searity 100rument. If Lender determines that any part of the Property i5 sutiject to a lion which may attain prority over the Security Instrumont, L.On*, may give Borrower a notice identifying the lion 7 Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days o�flhm­ gi �ng of notice. 2 5. Hazard or Property Insurance. Borrower shall keep the improvements now existirfg or h�lrealfter erected on the Property insured 0 against loss by fire, hazards included within the term "extended coverage" and any other hazards,JncfGc1Pg'fl ' oods or flooding, for which Lendei requires insurance. This insurance shall be maintained in the amounts and for the periods that Lend�x� requir�s. The insurance carrier 0 providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be�unreas6nably withheld. If Borrower fails tc 0 maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rightWin the Property in accordance CL with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respoctto4he Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and paKbie, all premiums in respect thereto 0 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. E 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 renewz om 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 mad 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 paragrapl 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 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 the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument gr Lender's security I Packet Pg. 1075 OR: 4167 PG: 15 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 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 t( 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 Bo mower 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 06 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 thayl-ender requires) provided by an insurer approved by Lender again becomes available and is obtained. 0 Borrower shall pay the premiutnVe%uired to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends ir�accor�,dance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Leriderr-orAs.agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower 4spectJorr notice at the time of or prior to an specifying reasonable cause for the inspection. 10. Condemnation. The "eds of any award or claim for damages, direct or consequential, in connection with any condemnatior m 0) or other taking of any part of the Pr operty, o ,� 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, thporoc�eds shall be applied to the sums secured by this Security Instrument, whether or not then due, 0 with any excess paid to Borrower. In tlr�e event of a partial taking of the Property, in which the fair market value of the Property immediately 2 before the taking is equal to or greater than the amoynt of the s2sbsecured by this Security Instrument immediately before the taking, unless 0 Borrower and Lender otherwise agree in writing"the sums secur y this Security Instrument shall be reduced by the amount of the proceeds r- multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value =0 of the Property immediately before the taking. P(ny balance shall be paid to Borrower. In the event of a partial taking of the Property in which M0 the fair market value of the Property immediately b6fQra'the%taking is less than the amount of the sums secured immediately for the taking, LA unless Borrower and Lender otherwise agree in writiAg or ujiless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the-Surns,lare then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpor�e the due date of the monthly payments referred to in paragraphs 1 or change (0 the amount of such payments. r-- 11. Borrower Not Released, Forbearance By L�ndeKlSlolt a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument4raniqlby Lender to any successor in interest of Borrower shall not operate to ' release the liability of the original Borrower or Borrowers succesd6rs in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for parkeni or, otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower-4dr Borrowers successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exe(6se of any right or remedy. (D 12. Successors and Assigns Bound; Joint and Several IL6biiity;,&o-Signers. The covenants and agreements of this Security of Instrument shall bind and benefit the successors and assigns of Lenderefndl 50rroWer, subject to the a I Provisions of paragraph 17. Borrower's covenants and agreements shall be,joinit-grid, several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instr6menVonly to mortgage, grant and convey that Borrower's interes in the Property under the terms of this Security Instrument; (b) is not personally,6b]i'gate'd to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify,fo&ar "Or make any accommodations with regard to the term 0 of this Security Instrument or the Note without that Borrower's consent. 13. LoanCharges. If the loan secured by this Security Instrument is subject tol law which sets maximum loan charges, and that Cn 06 N law is finally interpreted so that the interest or other loan charges collected or to be in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce thp-charge to the permitted limit; and (b) any sums 0 already collected from Borrower which exceeded permitted limits will be refunded to Borruwd�� Lender may choose to make this refund by reducing Ithe pifincipg owed undw Wie Note or by making a direct payment to Borrow, It a !�9,64 reduceiii, principal, the reduction 411 be 7 treated as a partial prepayment without any prepayment charge under the Note. - I "", - , I \� 2 14. Notices. Any notice to Borrower provided for in this Security Instrument shall belgiverr b)edplivering it or by mailing it by first 0 class mail unless applicable law required use of another method. The notice shall be directed to. the Pfop&rty Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when glyen as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal -raw erri.61liq law of the jurisdiction in which 0 0 the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such CL conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect withputithe conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowees 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 she E 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 Bo rrower fails t 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 attorney's 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 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 witl 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 - I Packet Pg. 1076 1 *** OR: 4167 PG: 15 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 givei 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 m 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-eAstence of a M 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 4) Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may U) foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies 06 provided in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upon pa0ent of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borroyvdrsfiall,�pay any recordation costs. 23. Attorneys' Fees. A!�'used in this Security Instrument and the Note, "attorneys'fees" shall include any attomeys'fees awarded b S an appellate court. cZ 24. Riders to this S ecunty Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agree �*ts of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as ifAhe rideqs) were a part of this Security Instrument. (Check Applicable Box) Adjustable Rate Rider Rate Improvement Rider F]Condominium Rider 0 2 ElGraduated Payment Rider �1.4 Fami, Rider Second Home Rider 0 r- Balloon Rider Bi ' Payment Rider EJ Planned Unit Development Rider wee/11y .0 t Otheqs) (specify SIGNING BELOW, Borrower accepts and agrees to thtl&mt,irid covenants contained in this Security Instrument and in any rdeAs) executec by Borrower and recorded with it. (o r-- Signed, sealed and delivered in the presence of: 04 Witness#,� 'Signature: Q,'�-�� ftov r Pascual Sebastian Signature: 2 Witness#2: Sig�� W of Co. tz-6. M Signature: Address: 126.9,�Lllegiance Way Q imi3O�41", FL 34142 Cn 06 STATE OF FLORIDA N COUNTY OF (D E I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take 7 acknowtedgements, personally appeared Pascual & Maria Sebastian to me known to be the pdrson(si described in and who executed the 0 foregoing instrument and acknowledged before me that (He/ she/ they) executed the same for the punpo6 therein expressed. 0 WITNESS my hand and official seal in the County and State aforesaid thO) --Uav of CL My Commission Expires: A 12 11V M tary P ic' Sig �ature (Seal) t4, .4 �_Notary's Printed Name E File#: 05-135 I Packet Pg. 1077 1 December 27, 2022 Terry L. Craig, Legal Assistant Starling Law, P.A. First Horizon Bank 599 91h Street North, Suite 207 Naples, FL 34102 Re: Payoff Letter -Anthony lantosea 5408 281h AVC. SW Naples, FL 34116 File #09-331(aka 09-079) Mortgage Type Date Recorded OR Book/Page Amount Collier Count SHIP Second Mortgage 01/27/2009 OR 4422/PG 3837 $4,560.00 Recording Fee $10.00 Total Amount Due $4,570.00 No payment will be required until the property is sold, transferred, refin(m.ccd, no longer Homesteaded, or i s no longer tb r, primary res] d en cc of the homeb uyer. At that time tb e balance of the loan is due and payable. Payment should be made to "Collier County B ard of County Commissioners" and delivered to: Community & Human Services Division Attn: SHIP Payoff 3 3 3 9 E . Tamiami Trail, Suite 211 Naples, FL 34112 Sincerely, zed4 1&, 61M Lisa N. Carr Grants Coordinator 11 Community and Human Servicei Making Our Comr , nunify Stronger, One life, One Home, One Project n -rime Lisa.Cair@co1fiercountYf1.Qov Communi� & Human Sorv�ces Division - 333P Tamiami Trail East, SWe.211 - Naples, Florida 34112-5361 239-252-CARE (2273) - 239-252-CAF� (2233) - 239-252-42�O (RSVP) - mm,colliergov.neftmanservices I Packet Pg. 1078 STARLING LAW, P.A. Capital Bank Building 599 9th Street North, Suite 203 Naples, Florida 34102 Phone: (239) 302-6062 Fax: (866) 841-7184 Starlinglawfirmkgmail.com SELLER(S) INFORMATION Please complete and return this form promptly by fax or e-mail using my contact information listed above. Full Name: Anthony C. lantosca Full Name: U W 0 Current Address: 5408 28th Avenue SW Current Address: Naples, FL 34116 Social Security # 595 54 5733 Social Security # 0 Phone # Phone # 0 Cell# 239-280-6311 Cell # r_ .2 E-mail: aciantosca@gmail.com E-mail: Forwarding Address: Forwarding Address: U) to C14 1. Will you be in town for closingO N (circle one) If No, Mailing address for overnight delivery CU of closing documents is: 0 co 0 2. The deed will be prepared by: Starling Law, P.A. Your Attorney- Peter M. Starling, Esq. Name/Phone# 239-302-6062 Please note —If your attorney prepares the deed, we will need a copy at least 48 hours PRIOR r_ to closing. E 3. Your marital status: Married to each other XX Married Unmarried < If married, spouse's name for homestead purposes: — 4. Is the property you are selling your primary residence?Q/ N (circle one) 5. Do you have your Owners Title Policy? Y P (circle one) If, yes please provide a copy 6. Do you have a copy of your last survey? Y /CD (circle one) If yes, Please provide a copy 7. Are your real estate taxes paid current?(Y)/ N (circle one) I Packet Pg. 1079 Doc ID: 671090436518lefOO4/oee4zcc)tei,5eo,4- - - - 8. Do you pay for water and sewer? Y / N the Utility Company: NIA E�E�] (circle one) If yes, Please list the name and number Tor 9. Do you have a Master and/or Homeowners association? Y / N (circle one) If yes, Please list the name, number and contact for the association(s): N/A 10. Do you have a mortgage or equity lineq. / N (circle one) Name and address of lending institutions: ls' Mortgage: Carrington Mortgage Services LLC Customer Service # Acct.# 2nd Mortgage: Collier County Government Customer Service# Acct.# Equity Line/3rd Mortgage: Any other mortgages or liens (i.e. private mortgages) Mortgage: Customer Service # Acct.# Mortgage: Customer Service# Acct.# The undersigned authorizes Attorney Peter M. Starling and/or any representative of Starling Law, P.A. to receive any payoff information with regard to my/our loan(s). E Anthony C lantosca Date Seller acknowledges that Starling Law, P.A. may advance funds on seller's behalf during the closing process and seller agrees to reimburse Starling Law, P.A. for it's out of pocket expense should the transaction fail to close. I Packet Pg. Doc ID: 671090436518lefOO4/oee42CDtetjeo,4. X Dropbox Sign Audit trail Title Seller Authorization - lantosca File name Seller Authorization. pdf Document ID 6710904365181 ef0G476ee42cb7e73e64b9e7ae0 Audittrail date format MM I DID I YYYY Status Signed Document History 0 12/28/2022 Sent for signature to Anthony C. lantosGa SENT 15:07:19 UTC (aciantosca@gmail.com) from peter@starlinglawfl.r-om IP: 69.138.130.207 <�) 12 128 12022 Viewed by Anthony G. lantosea (aciantosca@gmaii.com) v I EWED 15:08:31 UTC IP: 172.58.129.78 -1--el 12 128 12022 Signed by Anthony C. lantosca (aciantos-ca@gmail.com) 31ONED 15:09:28 UTC IP: 172.58.129.78 0--�" 12 128 / 2022 The document has been completed. COMPLETED 15:09:28 UTC Powered by X DrorboY Sic.si-, 0 Cl) 0 E I Packet Pg. 1081 1 Jimenezirma2 From: Raymond Staton <raymondstaton2@gmail.com> Sent: Wednesday, December 28,2022 8:55 AM To: CarrLisa Subject: Re: Payoff Auth from client - 5408 28th ave Sw- 2nd reply 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. This is the email from the seller, Anthony lantosca to release the payoff for 5408 28th Ave. SW. Sent from my iPhone. > On Dec 28, 2022, at 8:52 AM, Anthony lantosca <aciantosca@gmail.com> wrote: > I Anthony lantosca give authorization to release pay off to Terry Craig Packet Pg. 1082 Bank of America ACH RIT 053100277 Mellinger Title Services LLC 10% 1200 N Federal Hwy Ste 200 Boca Raton, I'L 33432-2813 12,2023 PAY TO THE Collier County Board W . (�oL_ilty culum;:"Jo.-ers ***4,570.00 ORDER OF Four ThouBand Five Hurkdrud Sf�vl�n I-V 11111i T'�(, 100***' CL DOLLAI MEMO 2022-3018 SecondMo) ;10 [,ayoff Mellinger Title Services LLC Paid T07he Or&r Of'. Collier. County Boarct of County Commi-isionen File No.: 2022-301.8 Buyer: Saralla St. VaJkv� U-jr.0 -c seller: Anthon� C. lkmtcKL�-j Vkl�--01 Jh.,-Ay lantosc-0 Pr . orperty: 5408 28th A.�,e S ) W. Nap; cs, 34! 16 Settlement Date;. 01/12/2023 Di5bursement Date: 01/12/2023 Charge Detail: Second Mortgage Payoff 4-3,M-00 hieffinger Title ServicL�s LLC Paid To The Orday Of - Collie r County Board of Courity-Coll',Jlli�ii;iol'ie-'�I File No�: 2022-3 018 Buyer; Sara)) St-Vallh!toChou�- seller: Anthony C. hnilosca 4-4,fa A k1lv::�iy lTntosca Properv. 5408 28d� A-�c S VJ, N.�� inleg, MA6. Sedlement Date: 0111V2023 Disbursernerit Date: 01/12/2023 Charge Detail- Seco nd Mortgage Payoff . . . ... ....... ..... ............... .... ................ . ... .. ......................... ... ...... - ------------------------------------- 1200 JIM: Nq-; Amount Of This Check: 0 1 2/2 023 12.01 0 0 0 U (0) to 0 2 0 Cn 1200 06 0 D.11.7. Ch��Qk No.; �,..mourit Of This Chcdk: -he 1200 ***4,570.00 0 m ca Packet Pg. 4254894 OR: 4422 P RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/27/2009 at 03:43PK DWIGHT 1. BROCK, CLERK SECOND MORTGAGE THIS SECOND MORTGAGE ("Security Instrument") is given on Retn: ROSS TITLE & ESCROW INC 599 SITH STREIT A #300 NAPLES Ft 34102 Anthony lantosca, a single man 2009. The Second Mortgagor is: OBLD 4! 0 OBLI RIC FBI DOC-.35 0 ("Borrower'). This Security Instrument is given to Collier County — ("Lender"), which is organized and existing undE the laws of the United States ofAmerica, and whose address is 3301 E. Tamiarni Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Four Thousand Five Hundred Sixty and 00/100 Dollars ($4,560.00). 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 exemptioa__. 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 proted the security of the Security Instrument, and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. _ ­," ­_ As more particularly described as --'u -0a e, Unit 6, Bilk 210, Lot 17, Collier County, Florida and which has the address of: t ("Property Address"): St�842�,� Ave SW, Naples, FL 34116 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all "ures now or hereafter a part of the property. All replacements 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 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. 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�,�ovenant and agree as follows: 1. Payment of Principal and Interest; Prepaym �,�"t 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 assess r 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 ely become due, (A)(1) all taxes and governmental charges of an� kind whatsoever which may at any time be lawfully assessed or levied"ag iijlOt 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, an( (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 asarp required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee eviclilli rice of such payment. 3. Application of Payments. Unless applicable law provides otherwise, a� 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�. finqoandl impositions attributable to the Property ­d) attain priority over this Security Instrument, and leasehold payments or ground rents�l any.) Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 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 Lender's 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 insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to , all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower 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, ifthe 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 abardons 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, 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; Borrowees 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 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 in M 06 0 0 r_ .2 5 2� 'a L) in .2 M 2 0 U) 'n U 0 0 Packet Pg. 1084 OR: 4422 PG: 38 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 Lender's secunt) 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 Lenders 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 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 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 tc protect the value of the Property and Lencler's rights in the Property. Lender's 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, 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 2 Borrower when the insurance covoage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve 0) M in lieu of mortgage insurano ,V,`Lo&s'r ,jeserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in -0 the amount and for the period thateender requires) provided by an insurer approved by Lender again becomes available and is obtained. 4) Borrower shall pay the premi rni-reiwred, to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for u ' 06 mortgage insurance ends in accordance �ith any written agreement between Borrower and Lender or applicable law. M 9. Inspection. Lender or i"enfmay make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspectionsoecifying reasonable cause for the inspection. 5n) 0 10. Condemnation. The pro '-ds ' any award or claim for damages, direct or consequential, in connection with any condemnation `y, or other taking of any part of the Prope or for nveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Prope , the pro s all be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the ev I a. artial taking of the Property, in which the fair market value of the Property immediately 'ount before the taking is equal to or greater than the a of the sums secured by this Security Instrument immediately fore the taking unle be ss Borrower and Lender otherwise agree in writingj4h sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total am the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any iliall 0 2 b la be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately beforeAhe taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless Op licable law otherwise provides, the proceeds shall be applied to the sums ,p .2 secured by this Security Instrument whether or not the sums ape th6R due. Unless Lender and Borrower otherwise agree in writing, any 0 application of proceeds to principal shall not extend or postpone t* due date of the monthly payments referred to in paragraphs 1 or change JT the amount of such payments, 11. Borrower Not Released, Forbearance By Lender oi� ' aV'Vaiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument gratlted,b e ' p�er to any successor in interest of Borrower shall not operate to �in't. release the liability of the original Borrower or Borrower's successorsA' t. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment 0=1"'Wise, modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower orl�onpviiers�successors in interest. Any forbearance by Lender in r- It 04 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 M 0 Instrument shall bind and benefit the successors and assigns of Lender and il��irrow&, subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be jointand,*eral. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrumen 6rily 'mortgage, grant and convey that Borrowers interest 12 in the Property under the terms of this Security Instrument ' (b) is not personally o ig- dto ay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower 2 may agree to extend, modify, forbear o,' ake any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 0 C0 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law -which sets maximum loan charges, and that 0 law is finally interpreted so that the interest or other loan charges collected or to be collected 4n cqnh , ection with the loan exceed the permitted 0 - limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the c�arbe to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lepd6r may choose to make this refund by CL reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund. red64s principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. M 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given �X diliveying it or by mailing it by first ca class mail unless applicable law required use of another method. The notice shall be directed to the Pfoperty./Adjdress or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when giverfas , provided in this paragraph. 4) 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and ",�of the jurisdiction in which E the Property is located. In the event that any provision or clause of this Security Instrument or the Note coWicts with applicable law, such 5 conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To 2 this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowees 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 Lencler's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the 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. 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 Properly 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 suc� 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 I Packet Pg. 1085 *** OR: 4422 PG: 38 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 is located that relate to health, safety or environmental protection, 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is giver 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. Thenoticeshall 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 irpmediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security lnstrumgntby judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 241,inclu eg, but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upon p ent of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower fiajrl�ay y recordation costs. 23. Attorneys' Fees. As,used this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded b) 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 ElCondominium Rider Rate l4rovement Rider F] Graduated Payment Rider 1-4 Fa'mily Rider, Second Home Rider Balloon Rider Biweekly Paiyment Rider El Planned Unit Development Rider Other(s) (specify SIGNING BELOW, Borrower accepts and agrees to the tem:is �ndcovenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of: ,Witnes C gjlgnUat�. Bo ev, Antlh=y Ia.i2toscia ignatu W Wit itness#2: Signature- Co- Borrower 2 Signature: Address: 5408,_ , 28t'��Avenue SW Naples';'Fiorida 34116 STATE OF FLORIDA COUNTY OF COLLIE I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and-in,the county aforesaid to take acknowledgements, personally appeared Anthony lantosca to me known to be the person(s) des-rib�d i4an who executed the foregoing instrument and acknowledged before me that (He/ she/ they) executed the same for the purpose therein express�d. Y'� I I 1� WITNESS my hand and official seal in the nty and Sta foresaid this' day of !yCNJQk 20 C�11 My Commission Expires: Notary Public's Si6n—atune (Seal) N!!,r� Printed Name =IUUE OMM16SI 4y� 6793 'RES S P ON ,-1727 201911 -E � 1P. Filek 09-079 'n M 06 0) t 0 .2 t; JT 0 C0 0 a I Packet Pg. 1086 1 Carl Lrm U". Ln U-� Lrk UD 6M .2 r' Ln m 42 LE 2F �m cc LU LU M: M: 2 B �3 LJ kM L-3 c� --4 -4 Cn CM Co w 1.1 rn fn rn -4 Cm Ll- r-- r-- Cm fli fli C 0 E IL a. Co E Packet Pg. 1087