Agenda 04/23/2024 Item #16D 2 (Habitat for Humanity of Collier County, Inc. increasing SHIP grand award)04/23/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign (1) an amended agreement with Habitat
for Humanity of Collier County, Inc., to increase grant award funding for the State Housing Initiatives
Partnership New Construction Assistance program from $2,000,000 to $3,500,000, and (2) a release of the
Sponsor’s promissory note and mortgage following construction and sale to an eligible homebuyer. (SHIP
Grant Fund 1053)
OBJECTIVE: To continue to support comprehensive affordable housing opportunities for very low-, low-, and
moderate-income persons through the State Housing Initiatives Partnership (SHIP) Program.
CONSIDERATIONS: The William E. Sadowski Affordable Housing Act provides funding to local communities
to promote and advance affordable housing initiatives. Funds are generated through documentary stamp tax on real
estate transactions. Under the SHIP Program, Collier County and the City of Naples receive funds from the State of
Florida through the Florida Housing Finance Corporation to undertake eligible activities.
On April 26, 2022, Agenda Item #16.D.3, the Board of County Commissioners (Board) adopted the SHIP 2022-
2025 Local Housing Assistance Plan (LHAP). This LHAP includes the New Construction Assistance Strategy. The
strategy allows the County to use SHIP funds for the construction of new affordable housing for very low -, low-,
and moderate-income households. The Sponsor will receive $50,000 per completed housing unit upon receipt of a
certificate of occupancy. The Sponsor will sell each housing unit to a Collier County referred applicant.
Staff advertised the annual funding cycle and a request for an application commencing on January 10, 2023, and
ending on February 20, 2023, to secure a non-profit organization to implement the New Construction Assistance
program. Community and Human Services Division (CHS) received (1) application in response to this solicitation.
On March 15, 2023, a review and ranking panel interviewed the applicant and recommended a $2,000,000 award to
the Sponsor.
Staff advertised a second funding cycle and a request for application commencing November 1, 2023 and ending on
November 22, 2023, to secure a non-profit organization to receive additional funding for the New Construction
Assistance program. CHS received one application in response to this solicitation from Habitat for Humanity of
Collier County, Inc. (Sponsor). On December 20, 2023, a review and ranking panel interviewed the Sponsor and
recommended an increase in the award amount by an additional $1,500,000.
The Sponsor operates as a non-profit in Southwest Florida serving very low- and low-income families. The Sponsor
Amendment will provide $3,500,000 to construct up to seventy (70) affordable housing units for family income
categories that are at or below the Low-Income Area Median Income (80% AMI).
The Sponsor will be responsible for site selection and construction. The SHIP funds will be secured against
individual homesites with $50,000 promissory notes and mortgages in favor of Collier County, up totaling up to
$3,500,000. Should the property not sell within one (1) year from the date of the certificate of occupancy, the
Sponsor will be required to repay the County its investment. Staff is requesting that upon construction and sale of an
individual homesite to a homeowner, the Board authorize the Chairman to release the $50,000 promissory note and
mortgage against the Sponsor and to allow a new $50,000 mortgage and promissory note to be recorded against the
new homeowner in favor of the County, to be executed at the time of closing.
FISCAL IMPACT: There is no new fiscal impact associated with this item. The funds are available in SHIP
Grant Fund (1053), Project 33863.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for
Board approval. -DDP
GROWTH MANAGEMENT IMPACT: Acceptance of these agreements will allow the County to expand
16.D.2
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04/23/2024
affordable housing opportunities for its citizens and further the goals of the Housing Element of the Collier County
Growth Management Plan.
RECOMMENDATION: To approve and authorize the Chairman to sign (1) an amended agreement with Habitat
for Humanity of Collier County, Inc., to increase grant award funding for the State Housing Initiatives Partnership
New Construction Assistance program from $2,000,000 to $3,500,000, and (2) a release of the Sponsor’s
promissory note and mortgage following construction and sale to an eligible homebuyer.
Prepared By: Wendy Klopf Grants Coordinator I, Community and Human Services Division
ATTACHMENT(S)
1. SHIP HfH First Amendment FY 2023-2024 New Construction-Executed (PDF)
2. SHIP-2023-2024-NEW CONSTRUCTION ASSISTANCE Agreement_Executed (PDF)
3. HFH Sponsor $50K Note CA TEMPLATE 1.0 (PDF)
4. HFH Sponsor $50k Mortgage CA TEMPLATE 1.0 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2
Doc ID: 28348
Item Summary: Recommendation to approve and authorize the Chairman to sign (1) an amended agreement with
Habitat for Humanity of Collier County, Inc., to increase grant award funding for the State Housing Initiatives
Partnership the New Construction Assistance program from $2,000,000 to $3,500,000, and (2) a release of the
Sponsor’s promissory note and mortgage following construction and sale to an eligible homebuyer.
Meeting Date: 04/23/2024
Prepared by:
Title: Operations Coordinator – Community & Human Services
Name: Wendy Klopf
03/18/2024 3:31 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
03/18/2024 3:31 PM
Approved By:
Review:
Community & Human Services Kim Frazier PSD Reviewer Completed 03/20/2024 11:27 AM
Community & Human Services Vanessa Collier PSD Reviewer Completed 03/20/2024 4:54 PM
Community & Human Services Kristi Sonntag CHS Review Completed 03/21/2024 11:31 AM
Community & Human Services Dharam Nohar PSD Reviewer Completed 03/21/2024 2:21 PM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 03/25/2024 1:54 PM
Public Services Department Todd Henry Level 1 Department Review Completed 03/26/2024 10:59 AM
Grants Erica Robinson Level 2 Grants Review Completed 03/29/2024 1:14 PM
Public Services Department Tanya Williams PSD Department Head Review Completed 04/11/2024 2:15 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 04/12/2024 11:46 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2024 12:03 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/12/2024 2:42 PM
Grants Therese Stanley OMB Reviewer Completed 04/15/2024 9:04 AM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 04/15/2024 9:46 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/15/2024 10:16 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM
16.D.2
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Grant -SHIP FY 2023-2024
A2:reement#: SHCON-23-001
Activity: SHIP New Construction
Assistance
SPONSOR: Habitat for Humanity of
Collier Countv, Inc.
CSFA #: 40.901
Total Award Amount: $2,000,000.00
$3 500.000.00
UEI #: MLUZYT83P4Z9
FEIN: 59-1834379
Period of Performance: July 1, 2023
through June 30, 2026
Fiscal Year End: June 30th
Monitorin2: End: September 30, 2026
FIRST AMENDMENT TO
AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
New Construction Assistance Program
THIS AMENDMENT is made and entered into this ___ day of ______ ,
2024, by and between Collier County, a political subdivision of the State of Florida, (COUNTY)
having its principal address as 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Habitat
for Humanity of Collier County, Inc. (SPONSOR), a not-for-profit corporation existing under
the laws of the State of Florida, having its principal office at 11145 Tamiami Trail East, Naples,
FL 34113.
WITNESS ETH
WHEREAS, the Fiscal Year 2022-2025 Local Housing Assistance Plan, as amended, was
adopted by the Board of County Commissioners on April 26, 2022, Resolution No. 2022-68A and
WHEREAS, on October 10, 2023, Agenda Item 16.D.3, the County entered into an
Ag reement with Habitat for Humanity of Collier County, Inc. to administer the State Housing
Initiatives Partnership (SHIP) New Construction Assistance program; and
WHEREAS, the parties wish to further amend the Agreement to increase the total funding
amount.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the Agreement as set forth below.
I lah11a1 h,, I lu111a,u1, nrl'oll,cr lnunt,. Inc
SIIO>N-:'3-11111
SI !IP NL'\\ ( ·on:-.lrm:t1on .,\�s1st;.11wc
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1
STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM PROMISSORY NOTE
Borrower: Habitat for Humanity of Collier County, Inc. 1234 Any St Naples FL 341000
(Property Address) City) (State) (Zip)
1. BORROWER(S) PROMISE TO PAY: I/We promise to pay Fifty Thousand and 00/100 Dollars ($50,000.00) (this amount will be called "principal") to the order of Collier County-SHIP or to any other holder of this Note (the "Lender"), whose address is 3339 E. Tamiami
Trail, Naples, Florida 34112. I/We understand that the Lender may transfer the Promissory
Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive
payments under this Note will be called the "Note Holder".
2. INTEREST: Interest on this Note shall be zero percent (0%) per annum from the date until
I/We pay it in full.
3. PAYMENTS: Payment in full is due upon sale of the property or title transfer to a non-SHIP qualified buyer, or if the borrower fails to comply with the terms of the Construction Assistance agreement dated October 10,2023. If borrower sells or transfers title to a
SHIP qualified buyer, borrower shall have no further obligation hereunder and the mortgage
shall be released. My/Our total payment shall be U.S. $50,000.00.
4. BORROWER'S RIGHT TO PREPAY: I/We have the right to make payments of principal at any time
before they are due. A payment of principal only is known as a "prepayment". When I/We
make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so.
I/We may make a full prepayment or partial prepayment charge. The Note Holder will use
all of my prepayments to reduce the amount of the principal that I owe under this Note.
If I/We make a partial prepayment, there will be no changes in the due date or in the
amount of my monthly payment unless the Note Holder agrees in writing to those changes.
If I/We make a partial prepayment, there will be no prepayment penalty adhering to or
associated with such prepayment.
5. LOAN CHARGES: If a law, which applies to this loan and which sets maximum loan charges,
is finally interpreted so that the interest or other loan charges collected or to be
collected in connection with this loan exceed the permitted limits; then (i) any such loan
charges shall be reduced by the amount necessary to reduce the charges to the permitted
limit; and (ii) any sums already collected from me which exceeded permitted limits will
be refunded to me/us. The Note Holder may choose to make this refund by reducing the
principal that I/We owe under this Note or by making a direct payment to me/us. If a
refund reduces principal, the reduction will be treated as a partial prepayment.
6. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument
is subject and subordinate in all respects to the liens, terms, covenants and conditions
of the First Deed of Trust and to all advances heretofore made or which may hereafter be
made pursuant to the First Deed of Trust including all sums advanced for the purpose of
(a) protecting or further securing the lien of the First Deed of Trust, curing defaults
by the Borrower under the First Deed of Trust or for any other purpose expressly permitted
by the First Deed of Trust or (b) constructing, renovating, repairing, furnishing,
fixturing or equipping the Property. The terms and provisions of the First Deed of Trust
are paramount and controlling, and they supersede any other terms and provisions hereof
in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of
the First Deed of Trust, any provisions herein or any provisions in any other collateral
agreement restricting the use of the Property to low- or moderate-income households or
otherwise restricting the Borrower's ability to sell the Property shall have no further
force or effect on subsequent owners or purchasers of the Property. Any person, including
his successors or assigns (other than the Borrower or a related entity of the Borrower),
receiving title to the Property through a foreclosure or deed in lieu of foreclosure of
the First Deed of Trust shall receive title to the Property free and clear from such
restrictions.
Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in
lieu of foreclosure, the lien of this Security Instrument shall automatically terminate
upon the Senior Lien Holder's acquisition of title, provided that (i) the Lender has been
given written notice of a default under the First Deed of Trust and (ii) the Lender shall
not have cured the default under the First Deed of Trust within the 30-day period provided
in such notice sent to the Lender.
7. BORROWER(S) FAILURE TO PAY AS REQUESTED:
(A) Default
If I/we do not pay the full amount as required in Section 3 above, I/we will be in default.
If I am in default, the Note Holder may bring about any actions not prohibited by applicable
law and require me/us to pay the Note Holder's cost and expenses as described in (B)
below.
(B) Payment of Note Holder's Cost and Expenses
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If the Note Holder takes such actions as described above, the Note Holder will have the
right to be paid back for all of its costs and expenses, including, but not limited to,
reasonable attorneys' fees.
8. GIVING OF NOTICES: Unless applicable law required a different method, any notice that
must be given to me/us under the Note will be given by delivering it or by mailing it by
first class mail to me at the Property Address on Page 1 or at a different address if I/we
give the Note Holder a notice of my/our different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing
it by first class mail to the Note Holder at the address stated in Section 3(A) or at a
different address if I/we have been given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each
person is fully and personally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed. Any person who is a guarantor, surety
or endorser of this Note is also obligated to do these things. Any person, who takes over
these obligations, including the obligations of a guarantor, surety or endorser of this
Note, is also obligated to keep all of the promises made in this Note. The Note Holder
may enforce its rights under this Note against each person individually or against all of
us together. This means that any one of us may be required to pay all of the amounts owed
under this Note.
10. WAIVERS: I and any other person who has obligations under this Note waive the rights of
presentment and notice of dishonor. "Presentment" means the right to require the Note
Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require
the Note Holder to give notice to other persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some
jurisdictions. In addition to the protection given to the Note Holder under this Note, a
Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date
as this Note, protects the Note Holder from possible losses which might result if I/we do
not keep the promises which I/we make in this Note. That Security Instrument describes
how and under what conditions I/we may be required to make immediate payment in full of
all amounts I/we owe under this Note. Some of those conditions are described as follows:
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 or
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 exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than thirty (30) days from the date the notice
is delivered or mailed, within which Borrower must pay all sums secured by this Security
Instrument. If Borrower(s) fail to pay these sums prior to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds
hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to
collect and apply such proceeds in accordance with the First Deed of Trust.
12. This note is governed and construed in accordance with the Laws of the State of Florida. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
_____________________________________________________ _______ Officer Signature Print Name, Title Date
======================================================================================= RETURN TO: Collier County Community and Human Services SHIP NEW CONSTRUCTION ASSISTANCE PROGRAM
3339 E. Tamiami Trail, Building H, Suite 211
Naples, Florida 34112 SHIP File#:21-0XXCA
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Prepared by and return to: Wendy Klopf
Collier County
Community and Human Services Division
3339 E. Tamiami Trail, Building H, Suite 211
Naples, Florida 34112 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM MORTGAGE
THIS SECOND MORTGAGE ("Security Instrument") is given on _______ day of ______________________________, 2022. The Mortgagor
is:
Habitat for Humanity of Collier County, Inc.
This Security Instrument is given to Collier County - SHIP ("Lender"), which is organized and existing under the laws of
the United States of America, and whose address is 3339 E. Tamiami Trail, Naples, Florida 34112. Borrower owes
Lender the sum of Fifty Thousand and 00/100 Dollars ($50,000.00). This debt is evidenced by Borrower's Note dated the
same date as this Security Instrument ("Second Mortgage"), which does not provide for monthly payments. The full debt, if not paid earlier, is
due upon sale of the property or title transfer to a non-SHIP qualified buyer, or if the borrower fails to comply with the terms of the
Construction Assistance agreement dated October 10, 2023 . If borrower sells or transfers title to a SHIP qualified buyer, borrower shall
have no further obligation hereunder and this mortgage shall be released.
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions,
and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security
Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida.
As more particularly described as: LEGAL DESCRIPTION, Parcel No. 12345678910, and which has the address of:
("Property Address"): 1234 Any Street Naples Florida 34100 (Address) (City) (State) ((Zip)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents,
royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by the Security Instrument. 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 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.
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 Lender's option, obtain coverage to protect Lender's rights in the Property in accordance
with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the 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 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 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
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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. Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. 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 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. 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. 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 that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for
mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation
or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the
event of a total taking of the 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 Borrower's 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. Borrower's
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 under the terms 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 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 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 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 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 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 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, 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.
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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.
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 preceding 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 attorneys' fees awarded by
an appellate court.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security
Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and
agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check Applicable Box)
Adjustable Rate Rider Rate Improvement Rider Condominium Rider
Graduated Payment Rider 1-4 Family Rider Second Home Rider
Balloon Rider Biweekly Payment Rider Planned Unit Development Rider
Other(s) (specify
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.
Signed, sealed and delivered in the presence of:
_____________________________________________________ Signature
Rev. Lisa B. Lefkow, CEO _______ Print Name, Title
Address: 11145 Tamiami Trail E_ Naples, FL 34113
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of physical presence or online notarization
this ____ day of ___________________ , 202__, by Rev. Lisa B. Lefkow. Such person(s) Notary Public must check
applicable box:
are personally known to me.
produced his current driver license.
produced as identification.
(Notary Seal)
Notary Public
Printed Name of Notary:
Commission Number:
My Commission Expires:
SHIP File#:21-0XXCA
SHIP New Construction Assistance Program
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