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Agenda 06/11/2024 Item #16D 7 (Chairman to sign eight (8) mortgage satisfactions SHIP loan program, and emergency repair and/or rehabilitation assistance programs)
06/11/2024 EXECUTIVE SUMMARY Recommendation to approve and authorize the chairman to sign eight (8) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $121,737.86 and to authorize the associated budget amendment to appropriate repayment amount totaling $61,560.01. (SHIP Grant Fund 1053). OBJECTIVE: To support the County’s community development objectives to support comprehensive affordable housing opportunities through down payment and emergency repair and/or rehabilitation assistance programs funded by the State Housing Initiatives Partnership (SHIP). CONSIDERATIONS: The State Housing Initiatives Partnership Program (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. The rehabilitation program offers an alternate repayment program requiring 1/3 of the loan forgiven at the end of each 5th year for 15 years. As a condition of award, the homeowner must repay the assistance provided upon sale, refinance or loss of homestead exemption. The following table provides details regarding the associated mortgages that have been satisfied through payoff, death or met the affordability period. Resolution No. 18-58 provides that in the event of the death of the borrowers, all debts will be forgiven for all affordable housing programs administered by the Collier County Community and Human Services Division (CHS). There are no outstanding County Wide Impact Fees for the clients listed below. File # Name Reason for Payoff Public Record Mortgage or Mortgage Modification Amount Payment Amount 02-219 Delene Mezier**** Affordability period met OR3067 PG 1183 $5,000.00 $0.00 01-247 Laura A. Gregg Affordability period met OR2834 PG 2521 $5,000.00 $0.00 05-0I0R Elmer Burrell & Pearlie Mae Bailey Affordability period met OR 3871 PG 2634 $15,000.00 $0.00 04-025R Leonel & Marina Meza Affordability period met OR3585 PG 1938 $15,000.00 $0.00 09-023R Roger & Darlene Byrne Property Sold OR4445 PG 3381 Modification OR4528 PG 0466 $13,426.00 $4,475.34* 2/3 forgiveness 08-089 Jonathan J. Nickerson Property Sold OR4375 PG 3531 $14,775.00 $14,637.32** 12-005R Ivan Iglesias & Mayte Valdes Property Sold OR 5104 PG 2773 Modification OR 5316 PG 2381 $33,301.86 $22,212.35*** 08-142 Ivan Iglesias & Mayte Properly Sold OR4391 PG $20,235.00 $20,235.00 16.D.7 Packet Pg. 1627 06/11/2024 Valdes 3827 Total $121,737.86 $61,560.01 *l/3 of the loan is forgiven at the end of each 5th year, 2/3 of the loan is forgiven **Client received $12,275.00 in Down Payment Assistance and $2,500.00 in Rehab Assistance, however, he only utilized $2,137.32 for rehab ***1/3 of the loan is forgiven at the end of each 5th year, 1/3 of the loan is forgiven **** SHIP Developer Impact Fee was released 11/14/17, Item 16.D.5 OR 5449/PG 1527 Approval of this item will authorize the Chairman to sign the aforementioned mortgage satisfactions and the executed document shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The repaid amount of $61,560.01 satisfies the payoff amount for the above referenced SHIP loans. This repayment of $61,560.01 is considered program income of which 5% or $ 3,078.00 will be used as administrative funds and have been deposited in SHIP Grant Fund 1053, Project 33863. A recording fee of $10.00 has been paid by the homeowners who sold their homes. The $10 recording fee for Mezier, Gregg, Burrell/Bailey, and Meza will be paid from the SHIP Grant Fund (1023), Project 33863. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires 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 eight (8) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $121,737.86 and to authorize the associated budget amendment to appropriate repayment amount totaling $61,560.01. (SHIP Grant Fund 1053) Prepared By: Michelle Rubbo, Grants Support Specialist II, Community & Human Services Division ATTACHMENT(S) 1. 6-11-24 SHIP SOMS - Stamped (PDF) 2. (Linked) 5.28.24 SHIP SOMS BACKUP_Redacted (PDF) 3. SAP Support $61,560.01.pdf (PDF) 4. HFH SHIP Developer IF Release Habitat Village BLK A Lot 12 (PDF) 16.D.7 Packet Pg. 1628 06/11/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doc ID: 28522 Item Summary: Recommendation to approve and authorize the chairman to sign eight (8) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $121,737.86 and to authorize the associated Budget Amendment to appropriate repayment amount totaling $61,560.01. (SHIP Grant Fund 1053) Meeting Date: 06/11/2024 Prepared by: Title: – Community & Human Services Name: Michelle Rubbo 05/06/2024 4:46 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 05/06/2024 4:46 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Completed 05/10/2024 11:40 AM Community & Human Services Dharam Nohar PSD Reviewer Completed 05/17/2024 8:58 AM Community & Human Services Donald Luciano PSD Reviewer Completed 05/17/2024 9:46 AM Community & Human Services Vanessa Collier PSD Reviewer Completed 05/20/2024 9:59 AM Operations & Veteran Services Jeff Weir OVS Director Review Completed 05/20/2024 10:42 AM Public Services Department Todd Henry Level 1 Department Review Completed 05/21/2024 7:48 AM Grants Erica Robinson Level 2 Grants Review Completed 05/22/2024 8:49 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/29/2024 9:18 AM Public Services Department Geoffrey Willig PSD Department Head Review Skipped 05/30/2024 10:40 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/30/2024 10:47 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/31/2024 8:10 AM Grants Therese Stanley OMB Reviewer Completed 05/31/2024 6:05 PM Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 06/03/2024 8:45 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 06/05/2024 11:49 AM Board of County Commissioners Geoffrey Willig Meeting Pending 06/11/2024 9:00 AM 16.D.7 Packet Pg. 1629 16.D.7.a Packet Pg. 1630 Attachment: 6-11-24 SHIP SOMS - Stamped (28522 : SHIP Satisfactions of Mortgage) 16.D.7.a Packet Pg. 1631 Attachment: 6-11-24 SHIP SOMS - Stamped (28522 : SHIP Satisfactions of Mortgage) 16.D.7.a Packet Pg. 1632 Attachment: 6-11-24 SHIP SOMS - Stamped (28522 : SHIP Satisfactions of Mortgage) 16.D.7.a Packet Pg. 1633 Attachment: 6-11-24 SHIP SOMS - Stamped (28522 : SHIP Satisfactions of Mortgage) 16.D.7.a Packet Pg. 1634 Attachment: 6-11-24 SHIP SOMS - Stamped (28522 : SHIP Satisfactions of Mortgage) 16.D.7.a Packet Pg. 1635 Attachment: 6-11-24 SHIP SOMS - Stamped (28522 : SHIP Satisfactions of Mortgage) 16.D.7.a Packet Pg. 1636 Attachment: 6-11-24 SHIP SOMS - Stamped (28522 : SHIP Satisfactions of Mortgage) 16.D.7.a Packet Pg. 1637 Attachment: 6-11-24 SHIP SOMS - Stamped (28522 : SHIP Satisfactions of Mortgage) SAP 33863 $61,560.01 16.D.7.d Packet Pg. 1638 Attachment: SAP Support $61,560.01.pdf (28522 : SHIP Satisfactions of Mortgage) 16.D.7.e Packet Pg. 1639 Attachment: HFH SHIP Developer IF Release Habitat Village BLK A Lot 12 [Revision 1] (28522 : SHIP Satisfactions of Mortgage) 16.D.7.e Packet Pg. 1640 Attachment: HFH SHIP Developer IF Release Habitat Village BLK A Lot 12 [Revision 1] (28522 : SHIP Satisfactions of Mortgage) 1p� �17t Y31~RVIcEB 2804782 OR: 2834 PG; 2521 pC 373 . I PAIAMI -TRAIL 103ATM RCCORDCD in OFFICIAL ACCORDS of C0Lt11R COUNTY, FL t4A9LrS, FI_ 06101121001 at 01:540 DWIGHT C, BROCK, CLUX jU ') k SRCOND MORTGAaC OBLD 5000,00 J-41 RBC 1111! 19.50 DOC-1$ 17.50 THIS SECOND MORTGAGE ("Secualy Instrument") is given on Mayk6001 The Se��bq rds Laura A Gregg. A Single PersorfICT UR ("Borrower) This Security Instrument is given to Collier County ('Lender'), which is organized and existing under the laws of the United Stales of America, and whose address Is 3050 North Iforeaehoo Drive, if 145, Naples, Florida 34014 Borrower owes Lender the sum of Five 'Thousand and No/100th■ Dollars(U.5. 11 5, 000, 00 ) This debt is evidenced by Borrowers Nola dated the same date as this Security Instrument ("Second Mortgage"), which provides for monthly payments, with the full debt. d not paid earlier due and payable on sale of property, refinarioa, or lose of homestead exemption This Security Instrument secures to Lender ta) the repayment of the debt evidenced by the Note, with mteresi, and all renewals extensions and modifications, (b) the payment of all other suns, with interest advanced under paragraph 7 to protect the security of the Security Instrument, and (o) the performance of Borrowers covenants and agreements under this Security Instrument and tha Mole For this pufpose, Borrower does hafeby second mongege, grant and convey to Lender the following described property totaled in Cplli�r County, iterate As more particularly described flgIt 121 Fune Lakes Condominium, Collier County, Florida and which has the address of ("Property Address") "X"! �92 Furse Lakat Cirols,._„i112r Naples, Florida 34.104 TOGETHER W)TH`alrl�,�impr vemants now or hereafter erected on the property, and all easements, rights, appurtenances, tents, royalties, mineral, oil and gas n4h _arid. rofits. water rights and stock and all fixtures now or hereafter a part of the properly All replacements and additions shot{ elan be coveFe� by%t o,9 curdy Instrument All of the foregoing is referred to in this Security instrument as the "Property" BORROWER COVENANTS 4ha1' gggwer is lawfully seized of tho estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Prop rt is `tfnencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Properly against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT,combi is uniform covenants for national use and non -uniform covenants with limited vaoal,on by junsdicuon 10 constitule a uniform seconiylin"s.'t6m nt covering real property UNIFORM COVENANTS Borrower b Lender covenant and agree as follows J. Payment of Principal and Interea ; Prapayrr nt 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 laxe3,,p sa menis, sew thereon rents or wafer rates prior to the accrual of any penalties or interest The Mortgagor shall pay or cause to be paid,; is he,ka�l!a respectively become due, (A)t t) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assa;sled p „tev against or with respect to the Property (2) all utility and other charges. including "service charges", incurred or imposed for the opt luor„�m nntenance, use, occupancy, upkeep and improvement of the Property. and (3) all assessments or other governmental charges thal. r y uutly 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 sG� �' Nhstall ents 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 IV(' �� ee evidence of such payment 3. Application o! Payrnerrta, Unless appbcable law pry s t9�.tiico. a!I pr)me.^its racerred by t ender sha€t be applied final to interest due, and, to principal due, and last, to any late charges due und,a li& Nolo 4. Changes; Liens. Borrower shall pay all taxes, assessrri Chp'ry, lines and impositions attributable to the Property which unay attain priority over this Security Instrument. and leasehold payments oKi;i t{np s, it any Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing tit gpaymonts Borrower shall promptly discharge any lien which has pnorily ovot,i�� .Se tint Instrument unless Borrower (a) agrees in writing to the payment of the obligation secured by the hen in a manner acceptable to'Lertderbj onlests in good faith the lien by. or defends against enforcement of the hen in, legal proceedings which in the Lenders opinion operdi# , p;e1, nt the enforcement of the fien, or tc) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lions°I§ lht ec my instrument It tender determines that any part of the Property is subject to a hen which may attain priority over the SUCUnty Inslruni nt.,L' a der may give Borrower a notice identifying the lien Borrower shall satisfy the lien or take one or more of the actions set forth ebova wdhi' ays of the giving of notice 5. Hazard or Properly Insurance, Borrower shall keep the improvements now existingor hereafter erected on the Property insured against loss by fife, hazards included within the term "extended coverage" and any other f aiafids. ycluding floods or flooding. for whwh Lender requires insurance This insurance shall be maintained in the amounts and for the pefsods that t:egder faquifes The insurance carrier providing the insurance shall be chosen by Borrower subject to Landers approval which sliall,li�Rah. Gn easonably withheld if Borrower falls to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protea(ltr rights m the Property in accordance I. with paragraph 7 At all times that the Note is outstanding, the Mortgagor shall maintain insurar�sgact to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same beconio du a .tia ab ,ail premiums in respect lhefeto, including, but not limited to . all-risk insurance protecting the interests of the Mortgagor and Mortgageaeia; lass or damage to the Premises by fire, lightning, and other casualties customarily insured against (including belief explosion, if appr3pnil i. a uniform standard extended coverage endorsement, including debris removal coverage Such insurance at all times to be in an amount 6 ess�lhan the full replacement cost of the Premises, exclusive of footings and foundations 1-1 -Y All insurance policies and renewals shall be acceplab€e to Lender and shall include a standard mortgage clause Lender shall have the right to hold the policies and renewals 11 Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices In the event of loss Borrower shin give prompt notice to the insurance carrier and Lender Lender may make proof of loss ,f not made promptly by Borrower Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to roslorahon or repair of the Properly damaged, if the rastoralron or repair is economically feasible and Lenders security is not lessened if the restoration or repair is not economically feasible or Lenders securely would be lessened, the insurance proceeds shall be applied to the sums satured by the Secunty €nstsamoni. 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 olfered to settle a claim, then Lender may collect the insurance proceeds Lender may use the proceeds to repair or restore the Properly or to pay sums secured by this Sacunly 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 pnrlapal shall not extend or postpone the due dale or the monthly payments referred to in paragraph I or change the amount of the payments It under paragraph 21 the Properly is acquired by Lander, Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately pirrof to the acquisition S. Occupancy, Preservation, Maintenance and Protection of the property; Borrower's Loan Application, Leaseholds. Burrower shall occupy. establish, and use the Properly 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 or occupancy, unless Lander otherwise agrees in writing, which consent shall not be unreasonably withhold, or unless extenuating circumstances exist which are beyond Borrowers control Borrower shall not destroy, damage or impair the Property, allow the Property io deteriorate, or commit waste on the Property Borrower shall be in default if any forfeiture action or proceeding. whether civil or criminal, is begun that in Lenders good faith judgment could fesulf In forfeiture of the Properly or otherwise materially impair the lion created by this Security Instrument or Lenders security interest Borrower may cure such a default and rainslale as provided in paragraph 16, by causing the action or proceeding to be dismissed with a ruling that, in Londar's good faith determination, precludes forfeiture of the Borrowers interest in the Property or other material OR; 2834 PG: 2522 Impairment of the hea created by this Security Instrument or Lender's security interest Borrower shall also be in default if Borrower, during the can apph talon process, gave materially false or Inaccurate information or stalemorim to Lender for faded to provide Lender with any material Information) in connection with the loan evidenced by the Note. Including but not (muted 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 Properly, the leasehold and the fee title shall not merge unless Lender agrees 10 the merger in writing 7. Protection of Lender's Rights in the Property. H Borrower lads tv perfurm the covenants and agreements contained in this Security Instrument. or there is a legal proceeding Ihat may significantly aflect Lander's rights in the properly (such as a proceeding in bankruptcy. probate. lot 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 hen which has pnonty over this Security Instrument. appearing in court. paying reasonable attorneys' fees and entering on the Property to make repairs Although Lender may lake action under this pafagraph 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 fate 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 prernlums required to maintain The mortgage Insurance in affect if, for any reason. the rtiongage Insurance coveiago required by Lender lapses of ceases to be in effect, Borrower shall pay the pronuurns required to obtain coverage substantially equivalent to the mortgage €nsu{ante previously in effect, at a rest substantiahy equivalent to the cost to Borrower of the mortgage insurance previously in effort, from an alternate mortgage Insurer approved by Lender If substantially equwalow mortgage Insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-iwatlth 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 Ilea of mortgage insurance .'L'_ s reserve payments may no longer he required, at the option of Lender, i1 mortgage insurance coverage tin the amount and for the pprip ;lh t,; ender requites) provided by an Insurer approved by Lender again becomes available and is obtained Borrower shall pay the pr'e )ti s f uired to maintain mortgage insurance in effectr or to provide a loss reserve, until the requirement for mortgage insurance ends in : �on with any written agreement between Borrower and Lender or applicable law 0. Inspecllon, Lende'c3,a aril may make reasonable entries upon and inspections of the Property Lender shall glue Borrowernotice at the t+me Ot Or prior to artp'a io!) specifying reasonable cause for the inspection 10, Condamnaffon. Ti e� ceodl, of any award or claim tot damages, direct or consequential, m connection with any condemnation or other taking of any part of the Property. j :,i�v conveyance m (tau of condemnation era hereby assigned and she#1 be paid to Lender to the event of a total taking of the PrOpertr}h pfocBetls shall be applied 10 the Burns secured by this Security Instrument, whether or not then due. with any excess paid to Borrower In the event of apritial taking of the Property, in which the tau market value of the Properly immediately before the taking is equal to or greater than theL�m unt of the sums secured by this Security Instrument immediately before the taking- unless Borrower and Lender otherwise agree in wring: 1A sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction (a I the total $/nouns of the sums secured immediately before the taking, divided by lb) the fair ntatkel value of the Property immadiately before the taking InybaQbe Oaf be paid to Borrower In the event of a partial taking of the Property in which the fair market value o1 the Property immediately bofY, ,-e'e�'ihe'takmg is less than 010 amount of the sums secured immediately for the taking. unless Borrower and tender otherwise agree in wrttitrg- r," le s applicable law otherwise provides the proceeds shall be applied to the sums secured by this Security Instrument whether or not I wsirins ,Eaf4 hen due Unless Lender and Borrower otherwise agree m writing. any application of proceeds to principal shall not extend or`po.1'Rd bg due date of the monthly payments referred to in paragraphs 1 or change Iris amount of such payments 11, Borrower Not Role asod, Forbesrgnce 13y fY�if gr��iof,, Waiver. EKlenSion of the time for payment of modification of amortization of the sums secured by this Security Instrument gghggq['ylLender to any successor in interest of Borrower shayl not operate to release the liability of the original Borrower or Borrowers succ sors qi interest Lender shall not be requited to commence proceedings against any successor in interest or refuse to extend Pima for p i mef* 'r'g4„erwise modify amortiitation of the some secured by this Security instrument toy reason of any demand made by the original BOno " A r tsor( era successors in interest Any iorbaarance by Lander in exercising any fight or remedy shall not be a waiver of or preclude the'e���� " ctse�ul any right or remedy 12, Successors and Assigns Bound; Joint find Several Us' t ;'Fo,�Signora, The coverianls and agreements of this Secuoty Instrument shall bind and benefit the successors and assigns of Lencle �A f# rdd�" Pr. so jecl to the Provisions of paragraph 17 Borrowers covenants and agreements shall be:ldi 'Snit several Any Harrower who co-signs this Security Instrumeni but does not execute the Note, la) is co-signing this Security Ins! neJiSi qt�y`to mortgage. grant and convey that Borrower's interest m the Property under 1ho terms of this Security Instrument, (b) is not peisonafly, Q'{f11 1 ' 0 pay the sums secured by this Security Instrument and to) agrees that Lender and any other Borrower may agree to extend, modify r etino} make any accommodations with regard 10 the lerms of this Security instrument or the dole without that Borrower's consent 13. Loon Charges. If the loan secured by this Security Instrument is subI1 6461 aw which sets maximum loan charges and that law is finally interpreted so that the interest or other loan charges collected or to be cdire ed in=egnnaction with the loan exceed the permitted limits then fa) any such loan charge shall be reduced by the amount necessary to reduce,tliOVAargQe to the permitted lrrtiii. and (b) any sums already collected from Borrower which exceeded permitted Iemits will be refunded to Borrow L 'rider may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower 11 d f ft�n'{!reduces principal, the ieduction will be treated as a partial prepayment without any prepayment charge under the Note 14. Noticea. Any notice to Borrower provided for in this Security Instrument shall be g,r en.by,' ejlvenng 4 or by mailing it by fast class mad unless applicable taw required use of another method. The notice shaft be directed loth p6Ay Address or any other address Borrower designates by notice to Lendei Any notice to Lender shall be given to Borrower or Lenderw,re(1�g+v�g n as provided in this paragraph 16. Governing Low; Soverabltlty. This Security instrument shall be governed by federal lativ 3n yi0 w of the fur€sdiction in which the Properly is located In the event that any provision or clause of this Security Instrument or the Note coNIOUrl)h applicable law such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect wilhou thgyanfiicting provision To this end the provisions of this Security Instrument and the Note are declared to be severableT 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 11. Transfer of the Properly or a Beneficial Interest In Borrower. It all or any part of the Property or any interest in it is sold or transferred lot if a benefrccal interest in Borrov sf is sold or Irarisferred vine+ norrewer is not a natural person) wdheat Lender's prior written consent, Lender may, at its option require immediate payment in full of aii sums secured by this Securely instrument ftowover this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument if Leader exercised this option. Lender shall give Borrower notice of acceleration 1'he notice shalt provide a period of not less than 3Q days from the date the notice is delivered or marled within which Borrower must pay all sums secured by this Security Instrument 11 Borrower fails to pay those sums prier 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. II Borrower meets certain conditions, Borrower shall have the fight 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 lot reinstatement) before sale of the Property pursuant to any power of sale contained in ibis Security instrument, or Ito entry of a judgment enforcing this Security Instrument Those conditions are that Borrower (a) pays Lender all sums which than would be due under this Security Instrument and the Note as it 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 (dl lakes such action as Lender may reasonably require to assure that the hon of this Security Instrument, Lender's rights in the Properly 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 eflecbve as if no acceleration had vccurred However, this not to reinstate shall not apply in the case of acceleration under paragraph 17 18. Selo 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 limes without prior notice to Borrower. A sale may resull in a change in the entity lknown as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument There aiso 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 watlen notice of the change in accordance with OR: 2834 PG: 2523 paragraph 14 and applicablo law The notice wih Stale the name and address of the now Loan Service rand the address to which payments should be made The notice will also contain any other information required by applicable law 20. Hazardous Substancea, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or to 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 appropnate 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 invoMng 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 or any Hazardous Substance affecting the Property is nacessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law As used in fins 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 pedolourn producls, toxic pesticides and ho€bicides volatile solvents, male(tals containing asbestos or formaldehyde, and radidaCdve materials As used in this paragraph 20, "Environmental Law" means federal laws and )aws of the jurisdiction where the Properly is located that relate to health, safely or environmental protection 21. Accateretlon; Remedies, Lender shall give notice to Borrower prior to acceleration (allowing SorrowaPs breach of any covenant or agreement in this Security instrument (but not prior to acceleration under paragraph i 7 unless applicable law provides otherwise) The nouce shall SpeCify (a) the default. (b) the action required to cure the default, (c) a date, net less than 30 days from the dale the notice is given to Borrower. by which the default must be cured, and (d) )het failure to curo 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 ludicial proceeding and sale of the Property The notice shall further inform Borrower of the right to (ainstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other dolenss 6f a' rrowar to acceleration and fareciosure II the default is not cured on or before the dale specified in the notice. Leader. at its option, may'r�gifirl -im nediate payment in full of all sums secured by this 5ocurily Instrument without lurther demand and may foreclose this Secunty Instrumne y-)Udicial proceeding Lender shall be enblled to collect all expenses incurred in pursuing the remedies provided in this paragraph 2 ` n` ding'(' ut not ttmited to, reasonable ituorney's lees and costs of the title evidence 22. Release. Upon paArienl'o ,aft sums secured by this Secunty Instrument. Lender shall release this Socurily Instrument. without charge. to Borrower Borrower sh t �p gecordaUon costs 23. Ati ornays' Fess. As used to h'ik Security Instrument and the Note. "attorneys' foes" shall inc€tide any attorneys' lees awarded by an appellate court �:l 24. Riders to this Security fnstrumont If one Or more ndeis are executed by Borrower and recorded together with this Security Instrument. the covenants and agreoments=of ekA)ivch rider shall be mcorporaled €tdo and shall amend and supplement the covenants and agreements of this Security Insleumenl as141he-� d (s) were a part of this Security Instrument (Check ApplicahEe Box) D Adjustable Rate Rider Lr �J1 RatiiAproveffienf Rider E] Graduated Payment Rider L_J 1,4 Famlfyr ids! Balloon Rider [� Bweekly`Pyllent(F��der Olherls) (specify ,•<, SIGNING BELOW. Borrower accepts and agfeas to the t by Borrower and recorded with it Signed, sealed d deJtve d i the presence of 8l Wrinessf '�- ' Sc t1Tf41c: Signature fj,fLNhfr'h (� Witnessa2 ^1 C i U^,t �"� ..... . Signature H Condominium wder Second Home Rider J Planned Unit Development Rider s contained in this Security Instrument and in any nder(s) executed slgnaturw Co. Borrov ra A, Gregg Address' 142 F"r e.�Laka Circlo, #12 Naples, i 6-1 1 • 34104 STATE OF FLORIDA COUNTY OF I hereby certify that on thus day. before me, an officer duly authonzed in the stale afores "rid i,lh� county aforesaid to rake acknowledgements. personally appeared Laura A. Gregg to me known to be the porson(s) described in a Wfl� executed the foregoing instrument and acknowledged before me that (He+ shot they) executed the same for the purpose therein ekp,(i}'� WITNESS my hand and official seal in the County and Stale aforesaid this _ day of _. ! _ _ 20 My Commission Expires (Seal) Votary's Printed Name LANOM L RtQQi My c')MMtuiu" r et newt r:wiRes.afNrlas: Filcfi: 01-247 File No.: 201030026 FXI lBff "A" *** OR; 2834 NO- 2524 *** CONDOMINIUM UNIT 12, BUILDING H, FURSE LAKES CLUB, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, OF RECORD IN OFFICIAL. RECORD BOOK 1600, PAGES 790 THROUGH 86.Z, AS AMENDED, OF THE PUBLIC RECORDS OF COLLIER COUNTY, y1b IDA, TOGETHER WITH AN UNDIVIDED SHARE: IN THE COMMON�EI F N rS APPURTENANT'THERETO, left: 3009537 OR; 3067 PG: 1183 09LD 500D.00 ISLAND 11ILT GOARA117T ACIRT I RICORDID in tht 017ICIAL RICORDS of COLLAR CODN77, 11 OILI 5004,00 �(, PICK UP 07i08l2002 it 07:50AN DVIGR7 1, 11ROCK, CLERK RIC 111 24,00 lU� SECOND MORTGAGE DOC-, 35 17.50 THIS SECOND MORTGAGE ('Security Instrument') Is given on June , 2002 The Second Mortgagor is: Delano Moiler, A Single Person ('Borrower'), This Security Instrument is given to _ Collier C*%WtY ('Lender^), which is organized and exisling under the taws of the United States of America, and whose address Is 3050 North Horseshoe Drive, #275, Naples, Florida 34014 , Borrower owes Lender the sum of five Thousand and ato/100the Dollare (U.S, S. S, 000.00 ), This debt Is evidenced by Borrower's Note dated the same date as this Security Instrument ('Second Mortgage'), which provides for romthly payments, with the full debt, It not paid earlier, due and payable on sale of property, refinawoe, or long of hoaseatead exemption . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (o) 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 proporty located in Collier County, Florida. As more particularly described as Lot 12, Block A, Habitat Village, Collier County, Florida and which has the address of: ('Property Address'): 12060 0itterley _ Strut, N!T1es, Florida 34113 TOGETHER WITIj,ire m rovemenis now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas ► ttI 'a�i profits, water rights and stock and all fixtures raw or hereafter apart of the property. All replacements and addillons shall also be cove rs¢ tSy the.Socurlly Instrument. Ail of the foregoing Is returned to in this Security instrument as the 'Property. BORROWER COVE fd `T�t Ih�l rrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that fhe Prdpa� numbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all 6tai n� demands, sub*t to any encumbrances of record. THIS SECURITY INSTRUMENT 2 as uniform covenants for national use and non•unilotm covenants with limited variation by jurfadicllon to constlfute a uniform secuillyf slrumant covering real property. UNIFORM COVENANTS. Borrower and Lo.. Eder covenant and agree as follows: 1. Payment of Principal and lnl"It ,,� ymsttt and Late Charges, Borrower shall promptly pay when duo the principal of and Interest on the debt evidenced by the Note. 2, taxes, The Mortgagor will pay all 1S' s, assessments, sewer rents or water rates prior to the accrual of any penalties or Intamst thereon. ` r "\ The Mortgagor shall pay or cause to be pa4d,, �s to' me tespoclively become due, (A)(t) all taxes and governmental charges of any kind whatsoever which may of any time be lawfully asses .ad: `i vied against or with respect to the Property, (2) all utility and other charges, inciuding'servfce charges', Incurred or Imposed for ttie--o rat (eaintenance, use, occupancy, upkeep and Improvement of the Property, and (3) all asaossmenta or other govemmontal chatges that Inay1awfbliy paid In installments over a period of years, the Mortgagor shaft be obligated under the Mortgage to pay or cause to be paid ally flied lnsl�llments as are required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, fon�a a Mor►gages evidence of such payment. 3. Applioatton of PaRymenta. Unless applicable law pp dtolherwise, at payments received by Lender shall be applied; first, to Interest due; and, to principal due; and last, to any lato charges dundor thft.@� Note. 4. Charges, Liens. Borrower shall pay all taxes, aaaassTo'r�fe6Mges, fines and impositions allnbulaVe to the Property which may eltaln priority over this Security Instrument, and leasehold payments dr ro()dianIs, if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all mWpls av�g ndirnglti�payrnants. Borrower shall promptly discharge any flan which has priority Guar fJtk, "utily Instrument unless Borrower. (a) agrees in wring to the payment of the obfigalion secured by the lien In a manner acceptable 1a Let>f contests in good faith the lien by, or dalonds against enforcement of fibs lien In, lapel proceedings which In the Lender's opinion opar a'fo , vent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the no to�hrgSeyurity Instrument. 11 Lender determines that any part of the Property Is suboot to a ffen which may attain priority over the Security Inst(ut(tieAt; �et�der may give Borrower a notice Identifying the lien. Borrower shall satisfy the lien or lake one or more of the actions sat forth above within 10 ye d the giving of notice. 6, HauM or Property Ineurenw. Borrower Shall keep the improvemenfg n' sv e3Otirtg or hereafter erected on the Property insured against loss by fire, hazards Inoluded within the term 'extended coverage` and any outer t_' rds, including (foods or flooding, for which Lender requires Insurance, Thie Insurance shall be maintained in the amounts and for the perk>ds that-L"r requires, The Insurance carrier providing the Insurance shall be chosen by Borrower subject to Lenders approval which shall 9M be nreesonahly withheld. It Borrower falls to maintain coverage described above, tender may, at Lon deer option, obtain coverage to protect Lenora rights in the Property in accordance with Witgraph 7. At all times that the Note to outstanding, the Mortgagor shall maintain lnsurafjg� witti` spect to the Paamises against such flak* and for such smounla as are customarily Insured against and pay, as the same become due -TN Us. all premiums In respect thereto. Including, but not limited to, all-risk Insurance protecting the Interests of the Mortgagor and to kJ ee a Inwtt loss or damage to the Premises by lire, lightning, and other casualties customarily insured against (including boiler explosion, d aplropcfa WI a uniform standard extended coverage endarserrtant, Including debrta removal coverage, Such Insurance at all Bmea to ba In an artq,nt notes than the full replacement coat of the Promises, exclusive of footings and foundations, All insurance policies and renewals shall be acceplable to Lender and shall include a standard rn r ga clause. Lender shall have the tight to hold the pollcles and renewals. If Lander requires, Borrower shall promptly give to Lender sit roe� p1so*ld premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Leader. Lerder`firay 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, N the restoration or repair in economically feasible and Lendoee security, is not lessened. It the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance procoeds shalt be applied to the sums secured by the Security Instrument, whether or not then due, wlth any excess paid 10 Borrower, 11 Borrower abandons the Property, or does not answet within 30 days a rrotioa from Leader that the €naurarrce Carrier has offered to settle a claim, than Lender may collect the Insurance proceeds, Lender may use the proceeds to repalr or restore the Property or to pay sums secured by this Security lnstnxnent, whether or not then due. The 34day period wHI begin when the notice Is maned, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the duo date of the monthly payments referred to in paragraph 1 or change the amount of the payments. II under paragraph 21 the Property Is acquired by Lander, 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 erdent of the sums muted by ibis Security Instrument immad€atety prior to the eatuisition, 0. Gooupanoy, Pree MIlon, Molntsmrm and Pro%otlon of the Property, Sorrowa's Loan Appllcstton, Lsraatx4da, 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 Borroweea principal residence for at feast one year after the date of occupancy, unless Lender otherwise agrees In writing, which cwsont shall not be lunnsaaonabty withheld, or urdess extermling circumstances exist wtich are beyond Bonrower* oonirol, Borrower shalt not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property, Borrower shall be In default If any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith )udgenerd could result In forfeiture of the Property or otherwise materially Impair the lion created by this Security Inslturnent or Lenders security Interest. Borrower may cure such a default and reinstate, as provided In paragraph 18, by causing the action or proceeding to be dismissed wfth a wing that, In Lenders good faith determination, precludes forfeiture of the Borrowers interest in the Property or other matanat Impairment of the fien created by this 5eoutity Inatnument or Lenders security Interest, Borrower shafi also be in delauit B Borrower, during the loan application process, gage matsdaily false or Irwaurals frttorrnatlon or statements to Lendat (or failed to provide Lender with any material Information) in conneolton with the loan evldoroed by the Note, Including, but not limited to, representations ooncerift Borrowers occupancy of fhe Property as a principal reskderce, It this Security Instrument is on a leasehold, Borrower shelf comply with all the provision of the lease. it Borrower acoma fee title to the Property, the lessehold and the fee We shall not merge useless Lender agrees to lire merger In writing. OR: 3067 PG; 1184 7, Protection of Lender's Rights In the Property. 11 Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there Is a regal proceeding that may s'sgnif"ritly affect tender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or lorfeiture or to enforce laws or reguialtons), then Lander may do and pay for whatever Is necessary to protect the value of the Property and Lenders rights In the Property, Lendar's actions may Include paying any sums secured by a lien which has priority over this Security Instrument, appearing In court, paying reasonable atlomays' fees and ants ring on the Property to make repairs. Aflfough Lender may take action under this paragraph 7. Lander does not have to do so. Any amounts disbursed by Lander under this paragraph 7 shall become additional debt of Borrower secured by this Security instrument, Unless 1orrower and Lender agree to other terms of payment, these amounts shall bear interest from the data of disbursement at the Note rate and shall be payable, with interest, upon notice from Leader to Borrower requesling payment. a. Mortgage insurance. If Lender required mortgage insurance as a condition of making lire town secured by this Security Instrummenl, 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 ollml, at a cost substantially equivalent to the cost 10 Borrower of the mortgage Insurance previously In effect, from an alternate mortgage insurer approved by tender. II 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 pa(d by Borrower when the insurance coverage lapsed or ceased to be In effect. Lander 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 Insurer" 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 allecl, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance wilh any written agreement between Borrower and Lender or applicable law. 0. Inspoolon. Lander or Its agent may make reasonable entries upon and inspections of the Property. Lender shelf 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 condemnalion 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 rP , �r the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to gorrgt , Al 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,p� rah@n the amount of the sums secured by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise' g�a1n ik Iing, the sums secured by this Security instrument shall be reduced by the amount of the proceeds multiplied by the following Iractlori; faj the tat amount of the sums secured Immediately before the taking, divided by (b) the fair market value of the Property immediately before tffga rtg.�Arxy balance shall be geld to Borrower. In the avant of a partial taking of the Property in which the fair market value of ifw Property Immed(g1�lp belote the taking Is less than the amount of the sums secured Immediately for the taking, unless Borrower and Lender otherwise &p 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 Than due. Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extaijO poatporw the due data of the monthly payments referred to In paragraphs i or change the amount of such payments. i 4' 11, Borrower Not RHsassd, Forbaftireffos By Letxlir Not a Waiver. Extension of the time for payment or modification of amorlizalfon of the sums secured by this Securi Inalra�. nt ranted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borcov;e{' s ; ssors in interest. Lender shall not be required to commence proceedings against any successor In Interest or refuse to extend 11ime, opaytianl or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the orig7iraI r or Borrower's successors In interest, Any forbearance by tender in exercising any right or remedy shall not be a waiver of o) WW. "�c Iexercise of any right or remedy. 12, Suece"ors and Assigns Bound; Joint aril Ss 4 Mbllity; CoSignem The covenants and agreements of this Security Instrument shall bind and benefit the succasn"assIgna.o,(keridar'end Borrower, subject to the Provisions of paragraph 17, Borram"Mi's covenants and agraermefitg� 5 ii✓31(joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this 3eturity Its trpment only to mortgage, grant and convey that Borrower's interest In the Property under the terms of this Security Instrument; (b) Is not'onafly obligated to pay the sums secured by this Security Instrument: and (c) agrees that Lender and any other Borrower may agree to ex(6nd; ni4d4:,forbear or make any accommodations with regard to the terms of thle Security instrument or the Note without that Borrower's consent„ 13, Lean Charges. If the loan secured by this Security lnslruni riffs u t to a law which sets maximum loan charges, and that law Is finally Interpreted so that the interest or other loan charges coliacte ar iii�tz ,, [acted in connection with the loan exceed the permitted I)mlta, than: (a) any such loan charge shalt be reduced by the amount necessa , o'*ucs the charge to the permitted Iimit; and (b) any sums already collected from Borrower which exceeded permitted limns will be refunded 16,�rrgvver. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to B6 o r..H 11refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. ; 14. Hallow, Any notice to Borrower provided lot In this Security Instrument shall, given by delivering it or by mailing it by first class mall unless applicable law required use of another method, The notice shall be ldi to the Property Address or any other address Borrower dealgnales by notice io Lender, Any notice to Lender shall be given to Borrower or, Le-*r.when given as prooided in this paragraph, 15. Goveming Law; Saverablttty. This Security Instrument shall be governed by`lr�rbtl l w and the law of the jurisdiction In which the Property Is located. In the event that any provision or clause of this Security Instrument grthi�qq N e. ypntiicis with applicable law, such conflict shall not effect other provisions of this security Instrument or the Note which can be giE, al ect kjhout the conflicting provision. To this and the provisions of this Security Instnment and the Note are declared to be severable. `.. () ,, 10, Borrower's Copy. Borrower shall be given one conformed Mal the Note and Of'thujjij instrument. 17, Transferal tits property or s Berreticlsl Intern! in Barsowsr. It all or any part of the Prolty'^r any interest in it is sold or transferred (or It a berielic(al interest in Borrower Is sold or transferred and Borrower is not a natures person) wiz' Lendet's prior written consent, Lander may, at Its option, require immediate payment in full of all sums secured by this Security fnstnI r€, However, this option shall not be exercised by Lander M exercise Is prohibited by federal law as of the data of this security Instrument; x If Lender exercised this option, Leader shall give Borrower notice of acceleration. The notice shaft provide a' riod of not less then 30 days from the date the notice Is delivered or malled within which Borrower must pay all sums secured by this Security Instrument, if Borrower falls to pay these sums prior to the expirallon of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or damand on Borrower. 16, Borrower's Right to Reinstate. 11 Borrower meats certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any lime prior to the earlier of :16) 5 days (or such other period as applicable law may specify (or reinstatement) before sale of the Property pursuant to any power of sale contained In this Security Instrument; or (b) enhy 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 11 no acceleratton had occurred; (h) cures and default of any other covenants or agreements; (c) pays all eVensas Incurred in enfofcing this Security Instrument, including, but not limited to, ressonabto attamay's (aes; and (d) takes such aclion as Lender may reasonably require to assure that the lion of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shaft continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured heraby shall remain fully effective as It no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 10. Sale of Note; Change at Loan Ssryloer. The Note or a partial Interest in the Note (logether with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result Ina change in the entity (known as the 'Loan Servitor') that collects monthly paymenle due under the Note and this security Instrument, There also may be one or more changes of the Loan Servicer unrelated to a safe of the Note. 11 there is a change o1 the Loan Sorvicer, Borrower will be given written notice of the change in accordance with paragraph 14 and spplleaMo law. The notice will state the name and address of the now Loan Sarvicer and the address to which payments should be made, The notice will also contain any other Wormalion required by applicable law. 20. Hasardous 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 affeciing 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 pdvate party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual krowfedge, If Borrower learns, or Is notified by any governmental or regulatory authority, that any removal or other remadiation of any OR; 306 P ; �18� PROidISSORY NQTR June 1, 2002 Borrower: DelRna Mosier 12066_ei_tterlor Stroat _ Naples FL 34113 (Property Address( (city) (State) 1. SORROWER(S) PROMIBE TO PAY: I/We promise to pay Fiv Thousand Dollars ($5,000.00 ) (this amount will be called "principal,) to the order of Collier County or to any other holder of this Note (the 'Lender"), whose address is 3050 Horseshoe Drive North, Suite 275,_ Naples, Florida 34104 , 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 21 INTJIRXaT; Interest on this Note shall be zero percent (0%) per annwn; except that it I/We fail to pay this Note as required, the interest rate shall be twelve percent (128) per annum from the date when payment of this Note is due until I/we pay it in full. 31 kAYMYN7'8; Principal payments shall be deferred for the term of the first mortgage loan or until sale of ro ort , refinance, or loss of homestead exempt ion , the date the last payment is due:dn refinance or satisfy the first mortgage lod1l, I.'we agree to immediately pay the entirg,0 5 due under this Note. My/our total payment shall be U.S. $5,000.40 . 41 NORROWER18 RIG�Tf �TO'•.PRZPAY: I/We have the right to make payments of principal at and time before they, aie ue. A payment of principal only is know as a "prepayment'. ::hen I/We make a prepayme ' I/we will tell the Note Holder in writing that I;we an doing so. I/We may make a fttil'1..1fYe ayment or partial prepayment charge, The Note Holder will use all of my prepaymeuCs to reduce the amount of the principal that I owe under this Note. It I/We make a partial„prep yment, there will be no changes in the due date or in he amount of my monthly 'a LV unless the Note Holder agrees in writing to those changes, I€ I/We make a partial pr payment, there will he no prepayment penalty adhering t: -nr associated with such preb ent--._. S. LOAN CHARONS: if a law, wh', 4 ag ues to this loan and which sets maximum loan charges, is finally interpreted so t'halI-th.��\Jnterest or other loan charges collected or tc be collected in connection with t s ly n exceed the permitted limits; then (i) any such loan charges shall be reduced.�+'.tb amount necessary to reduce the charges tc the permitted limit, and (ii) any s�ss,'ip ady collected from me which exceeded permitted limits will be refunded to me/us 0, Holder may choose to make this refund by reducing the principal that I/We ow Urd this Note or by making a direct payment to me/us, IE a refund reduces grin ip f� he reduction will be treated as a partial prepayment. t 1\ b. BtTnORDINATION: Lender and Barxower ac o edgj� and agree that this Security Instrument is subject and subordinate in all respecta -i c liens, terms, covenants and conditions of the First Deed of Trust and to all advance ;,he`t'4ptofore made or which may hereafter he made pursuant to the First Deed of Trust ih l ir�g1a11 sums advanced for the purpose of (a) protecting or further securing the lien .q t�'.`P,'rst Deed of Trust, curing defaults by the Borrower under the First Deed of TA•u`t.�`'r for any other purpose expressly permitted by the First Deed of Trust or (trueting, renovating, repairing, furnishing, fixturing or equipping the Property,` Ph' terms and provisions of the First Deed of Trust are paramount and controlling, and they-'" upersede any other terms and provisions hereof in conflict therewith, In the even ofJ. foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisio ss, xx,Jn or any provisions in any other collateral agreement restricting the use of the Pftp rt)? to low or moderate income households or otherwise restricting the Borrower's abut??, It self the Property shall have no further force or effect on subsequent owners orufi 2e s of the Property, Any person, including his successors or assigns (other than thes£foz,o,er or a related entity of the Borrower), receiving title to the Property through affo—r_ 1 sure or deed in lieu of foreclosure of the First peed of Trust shall receive title tr he Property free anr3 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. 110RROWER(B) FAILVRz TO PAY AS RYQWMTiD: (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 Holders cost and expenses as described in (B) below. (B) Payment of Note Holder's Cost and Expenses 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 NOTI0s8: 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 OR; 3067 PG; 1186 "�' '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. 4. OEGItlATIONS or FERSoNB 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 )!older to give notice to other persons that amounts due have not been paid. 1l. UNIFORM sICURED NOTE; This Note is a uniform instrument with limited variations in so:ae jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of�Trust or Security heed (the Security Instrument" f, dated the same date as this Note,.pio},iects the Note Holder from possible losses which might result if I/we do not keep the`.op(i's s which I/we make in this Note. That Security Instrument describes how and under wh copditions I/we may be required to make immediate payment in full tf all amounts 1/iJ`;o Ls-u der this Note. Some of those conditions are described as follows: ,, t Transfer of the Pilo !v 'Qlr a Beneficial Interest in Borrower, if all or any part of the property or any In -*,in it is sold or transferred (or if a beneficial interest in Borrower is sold oansferred And Borrower is not a natural person) without Lender's prior written consent, Lerlder may, at its option, require immediate payment in full or all sums secured bytisia' curity Instrument. However, this option shall not be exercised by Lender if �6'6 'ise is prohibited by federal law as of the date of this Security Instrument. if bender exercises this opto; I rider shall give Borrower notice of acceleration. 'rho notice shall provide a " p period U �'� ass then thirty (30) days from the date the notice is delivered or mailed, within wF�1v,,B rrawer must pay all sums secured by this security Instrument. If Borrowers) € ail l'.t,`.• y these sums prior to the expiration of this period, Lender may invoke anyeredi,Q ermitted by this security Instrument without further notice or demand on Borrowe Notwithstanding the above, the Lendfr.'s,•�ghts to collect and apply the insurance proceeds hereunder shall be subject aV�ulio dinate to the rights of the Senior Lien Holder to collect and apply such procee s-in c rdance with the First Deed of Trust. 12. This date is Coverned and construed in socci a th the Lake of the State of rlorida, 41ITNESS TUB HKND(s) AND SK"is) OF THE VNDERsIONEp,{ 130rrbwLyr Deiene Maxie Borrower RETURET T'O$ Collier County Housing & Urban I - - mproVement Department �----__----- 3050 North Horseshoe Drive, 0145 Filed: 02-219 ".. Naples, VL 34104 Phone; (941) 403-2338 Fax: #941) 403-2331 *** OR: 3067 PG; 1187 *** Hazardous Substance a€tecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in thin paragraph 20, 'Hazardous Subsiences' are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic palrotoum products, toxic pestkidex and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radloactive materials. As used In this paragraph 20,'Environmenlal Law' means federal laws and laws at the jurisdiction where the Property is located that Wale to health, safety or environmental protection. 21. Aoc*t*rdlon; Ramfdlfs. Lander shah give notice to Borrower prior to acceleration (allowing Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless appticabte taw provides otherwise). The notice shall specify, (a) the default; (b) the action required to cure the detauit; (c) a dale, not less than 30 days from the date the notice is given to Borrower, by which the default must be aired; and (d) that lailure 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 at the Property. The notice shalt further Inform Borrower of the right to reinstate alter acceleration arxi the right to assort In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure, It the default Is not cured on or before the data specilied in the notice, Lender, at Its option, may require Immediate payment In full of all sums secured by this Security Instrument without lurthor 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, InCuding, but not limited to, reasonable attorneys fees and costs of the title evidence. 22. R11HN, Upon payment at all sums secured by this Security Instrument, Lender shalt toleaso this Security Instrumoni, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' FM/. As used In this Security Instrument and the Note, 'attomoys' fees' shall include any attomeys' fees awarded by an appellate court. 24. Ricers Within SWurity Instruf nirit, 11 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 shatl amend and supplement the covenants and agreements of this Security Instrum nt as 11 the riders) were a part of this Security Instrument. {Check Applicable Box) ❑ Adjustable Rate Rider ""✓"'1'Rate tmprovemenl Rider ❑ Condominium Bider r/ ❑ Graduated Payment Ride' • ❑" t•4 Family Rider ❑ Second HomeRider ❑ Balloon Rider {_. 0woekly Payment Ridet ❑ Planned Unit Development Rider ❑ Other(a) (specify SIGNING BELOW, Borrower accepts and agrees -to t e terms and covenants contained in this Security instrument and in any riders) executed by Borrower and recorded with It. ` r Signed, sealed and elf ;►the presence o1: Wltneasifl: Slgnaturn: Borrower bal�na llaaiar ` Signature: \\{ JV Wltness#2: t�Eorrower Signatur roSs�12068 Silt �r1ay BtXaak %`K lea, Florida 34113 STATE OF FLORIDA COUNTY OF t hereby certify that on this day, before me, an officer duly authorized i �ek. �Iorosald and in the county alorasaid to take acknowledgemenla, personat[ a Doan. Mealor to me known to per be the i, !" y appeared ppe sgi+{s)'d scribed In and who executed the foregoing Instrument and acknowledged before me that (Hot she/ they) executed the same for the purpose therein expressed. WITNESS my hand and official seat in the County and Slate aloresald this 20 My Commission Expires: Notary P 4' s Sign um (Seal) P tlri\ Notary s IENN1FE3:_Ell uMt File#; 02-219 Retn, 3682320 OR: 3871 PG; 2634 ?INANCIAL ADKIN h NOUSIR RBCORDSD In the OFFICIAL RECORDS Of COLLIER COUNTY, INTEROFFICE 08/18/2005 at 03:22PK DNICET E, BROCK, CLERK sOM o1TT1t: WINDY KLOPF 05 5701 SECOND MORTGAGE THIS SECOND MORTGAGE ("Security Instrument") is given on July 1, 2005. The Second Mortgagor Is: ORD 15000.00 OBLI 15000.00 RIC FEE 21.00 DOC-35 52,50 ELMER BURRELL, a single man and PEARLIE MM BAILEY, a single woman ("Borr yAW). This Security Instrument is given to Col l i ex Couny y ("Lender"), Which Is organized and existing under the laws of the United Stales of America, and whose address Is 2800 North Horseshoe Drive it 400, Naples, Florida 34104, BormwerowesLenderthesumof Fifteen Thousand Dollars(U.S.$ 15,000.00).This,debtis evidenced by Borrower's Note dated the same date as this S ecurity Instrument ("Second Mortgage"), which provides for monthly payments, with the full debt, tfnot paid earlier. due anti payable on sale of property, refinance, or loss of homestead exemption._ This Security, Instrument secures to Lender, (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extenslons and randicat ' ions: (b) the payment of all othersums, With Interest advanced under paragraph? to protedthe securityof thesecuritylnstrumenl' H ) performance of Borromes covenarils and agreements under this Security Insiturnentand the Note. For this purpose, Borrower by second mortgage, grant and convey to Lender the following described property located in Coll ie r County, Florida. Moreparticuradydescri�edass.!Son.:r eq50,feetoftheNorth148.5feetoftheeast201.6feetoftheWest531.05feetoftheSWI: of tiro SE 1I4 of the SW %se�b+�nahlp 47 South, Range 29 east, of the Public records of Collier County, Florida. FoiloN00117520004 and; 4i�icir h7s the address of ("Property Addross"): ee, Florida 34142 TOGETHER WITH all the Improve f`nortlsnow ajhereafter erected on the property, and all easements, rights, appuAenarrces, rents, royalties, mineral, oil and gas rights and profits,:)v� � r)gi)is and stock and all fixtures now or hereafter apart of the property. The Security Instrument shall also cover all replacements and d�J ; s.1Qll of the foregoing is referred to In this Security Instrument as the "Property'. BORROWER COVENANTS that 13orroQ a(is'tay.01]Xselzed of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is url tt except for encumbrances of record, Borrower warrants and will defend �". generally the title to the Property against all claims anti a and subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines on [ir11.. e. ants for national use and non -uniform covenants Win limited variation by jurisdiction to constitute a uniform security €nstrument co . rip fpa ,property. UNIFORM COVENANTS. Borrower and Lender oo anent aid agree as follows: 1. Payment of Principal and Interest; Prepayma ad, t'al Fharges. Borrower shall prompUypay when due the principal of and interest on the debt evidenced by the Note. / 2. Taxes. The Mortgagorwillpay all taxes, assessments`s,- rre. sorwater rates prior tothe aoauatofany penalties Ofinterest thereon. �� 1 The Mortgagor shall pay or cause to be paid, as the same rh4pebgaly:Decome due, (AX1) all taxes and govemmental charges or any kind whatsoever which may at any time be lawfully assessed of to ed�g mst or With respect to the Property, (2) all utility and other charges, induding'service, charges", incurred or imposed for the operation 5n'ai41c(h'i rroe, use, occupancy, upkeep and Improvement of the Property, and (3) all assessments or other govemmental charges that rrta allyl.l�te paid in Installments over a period of years, the Modgagor shall be obligated under the Mortgage to pay orcausa to ba paid dr:l ., .sl Ilments as .to required to bepaid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing,:(ordrd l Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable lawprovides othenvi3@, a11" ants received byLenclershall beapplied; first, to interest due; and, to principal due; and last, to any late charges due under the NoNt �/ 4. Charges; Liens. Borrovrershall pay all taxes, assessments, charges, fineq an kp shlons attributable to the Property, which may attain priority over this Security instrument, and leasehold payments or ground rents,1 unower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the pa ym 01S. ` Borrower shall promptly discharge any lion which has priority over this Securiiytns`Fru" 3)2-im'Naptof ssBorrower.(a)agreesinwriingto the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contest €n gfaith the lien by, ordefends against enforcement oftha]Ionin,IegalproceeciingswhichInthaLeWoesopinfonoperatetopreventt)t`enlhallen;or(c)securesirom the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instijrrr#nt:. If Lender datermines that any pariofthe Property Issubject toalien, which may attain priority over the Security lnslroment,Lendar�may�ji�e, rnr.eranoticeIdentifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days or ti givirrg of notice. 5. Hazard or Property tnsuranca. Borrower shall keep the Improvements now existing or irerea er gsedad on the Property insured against loss by fire, hazards Included within the term "extended coverage" and any other hazarldstnoluding floods or flooding, for Mich 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 coverageto prated 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 appTopriate),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 lncludeastandard mortgage clause, Lendershallhave the right to hold the polities and renewals. if Lender requires, Borrower shall promptly give to tender 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 maymake proof of toss if not made promptly by Borrower. Unless Lender and Somynerothenvise agree in writing, insurance proceeds shall be applied to restoration orrepalrof the Property damaged, if the restoration or repair is economically feasible and Lenders socurity is not lessened. If the restoration or repair Is not economtcailyfeasible ort-endees security would be lessened, the Insurance proceeds shall be applied 10 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 dalm, then Lender may called 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 of postpone the due date of the monthly payments referred to In paragraph 1 or change the amount of the payments. if under paragraph 21 the Property is acquired by Lender. Borrowers tight to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of tho sums secured by this Severity lnstrumanl lmmedlalely prior to the aoWisition. = ,�ed.wp OR: 3871 PG; 2635 PORH 0 8. Occupancy, Preservation, Maintenance and Protection of the Property; Borrowar's Loan Application, Leaseholds, Borrower shalt occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In venting, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or (mpair the Property, allows the Property to deteriorate, or commit waste on the Property. Borrower shall be In default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith Judgment could result In forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security Interest. Borrower may cure such a default and reinstate, as provided In paragraph 18, bycausing the action or proceeding to be dismissed with a ruling that, In Lender's good faith determination, predudes forfeiture of the Borrowers Interest In this Property or other material impairment of the lien created by this Security Instrument orLandarssecurity Interest, Borrower shall also beIn default if Borrower, during the loan application process, gave materially false or inaccurate Information or stalements 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 pdrldpal residence. If this Security Instrument is on leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower falls to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, torcondemnalien or forfeiture or to enforce laws or regulations), then Lender maydo and payforwhatever Is necessary to proloct the value of the Properly and Lenders rights In the Property. Lenders actions may include paying any sums secured by alien, which has priority over Ihis_S dty Instrument, appearing in court, paying reasonable allomeys' fees and entering on the Property to make repairs. Although Lende7_�,ta' tp.(e action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7shall=.a `Vtlitionaldebt ofBorrowersecuredbythisSecurity Instrument. Unless Borrower andLenderagreetoother terms of payment. these an fits'S411 bear interest from the date of disbursement at the Note rate and shall be payable, Wth Interest, upon notice from Lender to Boiz�r.�oqu Ling payment. 8. Mortgage Insitr&nca ; ender required mortgage Insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay �p®" rp�(pms required to maintain the mortgage Insurance In effect. tf, for any reason, the mortgage Insurance covarago required by Lend 'laldses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mdagg I�(jisurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously In effect, from, n alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage Insurance coverage is not avallable, BondWer s 11 pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower whenttno.i is ante coverage lapsed or ceased to be In effect. Lender wilt accept, use and retain these payments as a loss reserve in lieu of mori6a' a in Loss reserve payments may no longer be required, at the option of Lender, If mortgage Insurance coverage (in the amo t a9d fh% the period that Lender requires) provided by an Insurer approved by Lender again becomes available and Is obtained. , Borrower sif��44i'paytl)apremiums required tomaintain mortgage Insurance Ineffed,ortoprovide aless reserve, until the requirement for mortgage ins"pi "ends in accordance with any written agreement between Borrower and Lender or applicable law. 4.;. . 9. Inspection. Lender or Its agent ma enable enable entries upon and Inspections of the Property. Lender shall give Borrower notice at the time of or prior to an Inspection h� masonabte cause for the Inspection. 1Q. Condemnation. The proceeds of ai�y�awai '%a -claim for damages, direct or consequential, in connection with any condemnation ofothertakingofany part ofthe Property,oA{ co �eyancotnlieuofoondemnaton,areherebyassignedandshallbepaidto Lender. In the event of a total taking of tho Property, the p s hall`be applied to the sums secured by this Security Instrument whedtef or not (hen due, with any excess paid to Borrower. In the � !�b a l rtial taking of the Property, In which the fair market value of the Property Immediately before the taking isequattoorgreateriti'a e,am ntofthe sums securedbythisSecurity Instrument immediately before the taking, unless Bomwer and Lender otherwise agree in. wr'i1'ri<j'; lfiq sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a).1C.t" a1 aunt of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately befdrIs'rh'32-i to . Any balance shall be paid to Borrower. In the event ota partial taking of the Property in which the fair market value oflheProperty,im' usetybefore the lakingIsless than the amount ofthe sums secured Immediately for thetaking,unlessBorrowerandLenderotherwfl te"�dui tingorunless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrum&nt4h'h6%h5or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to prin. ipa sfl II iixten d or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payment, � `r'11. BorrowerNot Released, Forbearance By Lender Not a Walwom., Esign of the time for payment or modification of amertlzationofthesumssecuredbythisSecuritylnslrvmentgrantedbyLendert8'anycWssorInInterestofBorrowershallnotoperateto release the liabilityof the original Borrower or Borrowers successors in interest. Lend er'sh-11 of be required to commence proceedings against anysuccessor In interest or refuse to extend time for payment or otherwise mocjify mo�rtl atipn of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's surresspprs, n Jnlerest. Any forbearance by Lender In exercising any right or remedy shall not be a waiver of or preclude the exercise of any right brr 12. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. ,T eco e ants and agreerrtenisof this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subjectfothe rovisioosofparagraphl7. Borrowers covenants and agreements shall be joint and several, Any Borrowerwho co-signs this Security ( does not execute the Note; (a) Is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers IntereStilh;ti� ra under the terms of this Security Instrument; (b) Is not personally obligated to pay the sums secured by this Security Instrumenl; d ( agrees that Lender and any other Borrower may agree to extend, modify, forbear or make anyaccommodationswith regard tothe terrils ttFfs8ecudtyln$Vumentorthe Note w'cthout that Borrowers consent y 13. Loan Charges. If the loan secured by this Security instrument Is subject to a law which sets maximum low charges, and that raw is finally Interpreted so that the Interest or outer loan charges collected or to be collected In connectionwith the kranexceod the permitted limits, then: (a) any such loan charge shall be reduced bythe amount necessaryto reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limi(s 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 wit 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 Properly Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided In this paragraph. i6. Governing Law; Severablllty. Federal law and the lawof the jurisdiction In which the Property is located shall govern this Security Instrument. In the event that any provision or clause of this Socurity InsVumenl 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 oxAl ring provision. To this end the provisions of this Security Instrument and (he 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 ofthe Property or a Beneficial Interest In Borrower. If all oranypartof the ProportyoranyInterest inItIssold or transferred (or ff a beneficial Interest In Borrower Is sold or transferred and Borrower is not a natural person) without Leaders prior Milan consent, Lender may, at Its option, require Immediate payment in full of all sums secured by this Security Instrument. However, Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. If Lender exercised this option, Lender shall give Borrower notice of acceleralion. 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 remedles permitted by this Security Instrument without further notice or demand on Bcrrowef. ..4scd.wp **' OR: 3871 PG; 2636 *** Rom o 1a. Borrower's Right to Reinstate, If Borrower meets certain cond)tions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any lime 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 Securitylnstrvment. Those oondlMns are that Borrower (a) pays Lender all sums which then would be due vnderthls Security instrument and the Note as If no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses Incurred in enforcing this Security Instrument, Including, but not limited to, reasonable attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights In the Property and Borrowers obiigation to pay the sums secured by this Security Instrument shall continue unchanged, Upon refnslatementbyBonume,this Security instrument and the obligations secured hereby shall remain fully effective asifnoacceleration had occurred. However, this righttorelnstateshallnot apply in the case of acceleration under paragraph 17. 19, Sate of Note; ChangeofLoan Service r, 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. Thwoatsomay beone ormore changes ofthe LoanServicer unrelated to a sale of the Note. If there Is a change of the Loan Servicer, Borrowervrslf 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 orsmall quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall prom` Uygive Lender written notice for any Investigation, claim, demand, lawsuit or other action byanygovemmental or regulatory agency or pry' 1a � party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has aclualknowledge, lfbb I rims,orisnofifiedbyany govemmentalorregulatory authority, that any removal orother femadiationofany Hazardous Substance off _ g J @T3 party Is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. As usedi 4a agraph20,"Hazardous Substances" are those substances defined astoxfcorhazardous substanees by Environmental Law andtii, olloo 9 ubstances: gasoline, kerosene. other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, ?nat alb. taining asbestos or formaldehyde, and radioactive materials. As used In this paragraph 20, 'Environmental Lau" means federaf a. nd 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 Secud ID*N nl (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (alVe fi ult; (b) the action required to cure the default; (c) a dale, not less than 30 days from tha date the notice is given to Borrower, by which the fault 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 ums s rod by this Security Instrument, foreclosure by judicial proceeding and sale of the Properly. The notice shall further Inform Baru, r of a right to reinstate after acceleration and the right to assert in Else foreclosure preceding the non-existence of a default or any Qi r eiir of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, atlt$ hptlpp; ay require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose �� Si 'ty Instrument byjudidal proceeding. Lendershall be entitled to colleciall expenses Incurred In pursuing tho remedles provldee)In i park aph 21, including, but not limited to, reasonable altonWsfees and costs of the Vile evidence. � o 22. Release, Upon payment (if all sums securegpy irjs rity Instrument Lender shall release this Security Instrument without charge, to Borrower. Borrower shall pay any recordation 23.Attorneys'Fees, As used In t1ils Sewflty InsTetpll eNote, 'allomeys'fees" shall Include any attomeys`fees awarded by an appellate court. ✓ , 24. Riders tothis Security Instrument. Ifoneormoreril'-*gecutedbyBorrower and recorded togetherwiiththis Secur•sty tnstrumeni,thecovenanlsandagreemenlsofeachsuchridersha1l i m ted Into and shall amend and supplement the covenants and agreements DF this Severity Instrument as If the rider(s) were a partbf lHis eC ; ty1nstrument. (Check Applicable Box) ❑ Adjustable Rate Rider LJ Rate lm, fro YJdar Condominium Rider Graduated Payment Rider tJ i-4 Family R u Second Home Rider u Balloon Rider r I LJ Biweekly Payi ehl Ptid u Planned Unit Development Rider 0 \ others)(spedfY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contal €e n hl Security Instrument and in any rider(s) executed by Be rand recorded with it. JJ Signed, sealed nd delivered in the presence of: WtlrsessSignatur , I Signature:_„. � .a:r•'au �� Borrower g Witness Print Name Slgnature��^�ee �a J BarrOWer YliAlCLl£ t4AE BAI r J Witness Signature:, l kriisr n Witness Print Name: Address: 404 SE 11th St Irnmokalee, Florida 34142 STATE OF Florida_ COUNTY OF Collier I hereby certify that on this day before me, an officer duly authorized In the slate aforesaid and In the county aforesaid to take acknowledgements, personally appeared EMUS I RU71117MIZZ S PEARLIE IvME BAILFYtome known tobethe persort(s)described In and who executed the foregoing instrument and acknowledged before me that HEf SHEtTHEY executed the sarneforitle purpose therein expressed, WITNESS my hand and official seal In the County and Slate aforesaid this July1 2005. My Commission E: (SEAL) �/K' Retb: 3419340 OR: 3585 PG: 1938 fIll(ICIAL MM & HOUSING RECORDED in the 077TCIAL RECORDS of COLLIER COUln, YL OBLD 15000.00 IRYEROPPICE 06/11/1001 at 02:33PR DRIGHY E. BROCI, CLBHL OBLI 15000.00 ■omt o ITTB: REEDY ROPP HEC 111 27.00 DOC-,3S 52.50 SECOND MORTGAGE THIS SECOND MORTGAGE ('Security Instrument) isgiven on May 18. 2004. The Second Mortgagoris: rznu.r_ c KXRX1GX X=X, husband a wife ("Borrower). This Security Instrument is given to Collier County ("Lender). which Is organized and existing under the laws of the United States of Ame ica, and whose address is 2800 North Horseshoe Drive 41400, Naples, Florida 34104. Borrower owes Lenderthe sum of Fifteen Thousand Dollars(U.S.i 15, 000.00). This, debt is evidenced by Borrowers Note dated the same date as ills Security Instrument ('Second Mortgage7, which provides formorMlypayrnems, with the full debt, ifnotpaid earlier, clue and payable on sale of property, refinance, or long of hooastsad a�tian. This Security insbumem secures to Lender, (a) the repaymerrt of the debtevidenced by the Note, with Iniarest and all renewals. extensions and,modifications; (b) the payment of all o0rersurrs,with 'vrtemstadvanced underparagraph7 to protecttheseanity, of thesecuntyln5bumertGa • (y} performance of Borrowersmvenants"agreements underthisSeverifyltsbumentandtteNote. For this purpose. Honowar serene mortgage, grant and Conveyto Lenderthe following described Property located in Collier County. F{ofida /'� ',1 More pardwlady described as ,-,". lock C, lake Trafford Shores, wait 1, Ea accordance with and subject to the plat, ,00rded in Plat Book 8, page 12, Public Records of Collier Cooed,, Florida. !roll` 353r01840004 and which haste address of ('PmpartyAddress"): TOGETHER WITH all the improveme olEhernaflerenatled on the property, and an easements, rights, appurtenances, nerits, royalties, mineral, oil and gas rights and profits, vrdte 46ti and storkand all fixtures now or hereaRera partofthe property The Security Instrument shall also coverall repfacemams and atfdrh'brh5::1\itof theforegoing is referred lo in this Severity Irsaurnent as the"PropaAl/. BORROWER COVENANTS that Bonowerrs1a ,,bjk reed ofthe estate hembymrtveycd and has the rightto mortgage, grant and cooeylhe Property and thatttte Property isunencumt'erey ,'except for encumbrances ofmcoro. Borrowarwarrants and will defect generally the title to the Propertyagatstatl claims and`legtah)!s, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines u' rm 'ntsfornational use and nontunilorm covenantswkh limitadvadaturiby jurisdiction to wrstibda a uniform severity irsVumentveverin rb�larty. UNIFORM COVENANTS. Borrowerard Larder coverha hdagreefonows; 1.Paymentt of Principal and Interest; Prepaymentsrid Lab asas. Barrowershall promptlypaywhen due the principal of and interest on the debt evidenced byp the Note. ; 2.Tar-Thc Mortgagor pay all Taxes, assessmerrts, se when t��sarvraterrates priortytfse acaval ofarry paraltias orimarast The Mortgagorshall payorcause to be paid. as the same res r .medue,(A)(1) an taxes and governmental charges of any kind whatsoever which mayat any time be lawfully assessed or levi` aylfiOrwith respect to the Property, (2) all utility and other charges, including Charges", incurred o€ imposed for the operation;majn ce,use, ocarpan�r. upkeep andimprovetrentaFthe Property, and (3) all assessments or other governmental charges that may iarfull),beid in installments over a period of years, the Nbrtgagorshall be obligated undertha Mor>gage topayor musetobe pa70,17iueh ins Imentsassremquiredtobepeiddurirgfle WM of the Mortgage, and shell, promptly afterthe payment of any of the foregoing, fbrwani3. Mortgagee evidence of such payment. 3. Application of Payments,. Unless applicable lawprovides otherwise,` payments received by Lendershall beapplied; first to Interest due; and, to principal due; and last, to arty late charges due underthe Note. 4.Charges;Liens. Borrower shall payan taxes, assessments, Barges, fineSa4 itions attritltadetothe Propartywhich mayattainpriontyoverthisSecurity Instrument. and leasehold payments orgrourdrants;ifai,6"orrowershllpromptlyfumishtoLender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payrtper �,l Honowershall promptly discharge anylien which has priority over this security I sbunfe..M�-a�,.••y�,.,`. `` Borrower. (a)agrees in writing to the payment of the obligation scorned bythe fren in a manner acceptable to Lender, @) contesfsd0906Qfai'3�r the lien by.ardaferrdsagaind edorcememofthelienin,legalproceedingswhkriintheLendersopinionoperatetoprewertthhe ofthteGan-or(c)secures from to holider-ofthe Henan agreement sallsfactiM to Landersubortfinating the lien to this Security jF�erderdetemiresttratarty part oftheProperty issubjedtoa Her, which mayattam priorilyover ttre Security Instrument. Lander maygiyefonowera rdtiee Idarmlying the Ilan. Bonowershall satisfy the lion or take one or more of the actions setforth above within 10 days of notice. S. Hazard or Property Insurance_ Borrower shall keep it* improvements now existing or erected on the Property insured against loss by fire, hazards included within the, term 'extended coverage" and any other hazards, including floods orfloc ding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval, which shall not be unreasonably withheld. If BonowerfaRs to maintain coverage described above, Lender may, at Lenders option. obtain ooveragato prbtectlenders rights inthe Propertyinacmrdanoewdhpamgmph7. Atall times that the Note is outstanding, the Mortgagorshali maintain insurance with rasped to the Premises againstsuch risks and for suet amourds as are customarily insured against and pay, as the same bemrredus and payable, all premiums in respect thereto, including, but not limnred to, ail -risk insurance protecting the interests of the Mortgagor and Mortgagee againstloss or damage tothe Premises by fire, lightning, and other casualties customarily insured against (including boner explosion, if appropriata),wilh a uniform standard extended coverage endorsemeM including debris n'arhoval overage. Such insuranceatoll tunas lobe in an amount not low than the full replacement cost of the Pmr ices, exclusive of footings and foundations. At Insurance policies and renewals shall be acceptable to Lenderandshall induce astandard mortgage cause. Larder" have the right to hold the pdides and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewalredces. In the event offices. Borrowerstall give prompt notice tothhe insurance carrierand Lender. Lendermaymakeproofdflss if not made promptly by Borrower. Unless Lenderand Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repairofthe Property damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is rot econorricallyfeasible or Lenders security would be lessened, the insurance proceeds shall be applied to thesurns secured bythe Sera* Instrument, whetheror riot then due, with any excess paid to Borrower. If Borrower abandons the Property, ardoes notarawer vAhn 30 days a notice from Lecderthatthe insurance camerhas offered to settle a daim, then Lendermay collect the Insurance ce proceeds. Lender may use the proceeds to repairor restore the Propenyor to pay sumssecured bythis Security Instrument, whethefor notinan due. The 2C- day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of pmebads 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 byl-ender, Borrowers rightto any insurance policies and proceeds resulting horn damage to the Property priorto the acquisition shall pass to Lenderto the extent of the sumsserured bythis Security Instrument inur edistely poor to the acquisition. 1 as,ed..,y OR: 3585 PG: 1939 rom d B. Occupancy, Preservation, Maintenance and Protection of the Property; Borrowers Loam Application, Leasobakis. Borrower shall occupy, establish, and use the Propertyas Borrowers principal residence withinsbdydays aflarihe execution ofthis5ewrlty Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of ocwpancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shelf not destroy, damage or impair the Property, allows the Property to deteriorate, or commitwaste on the Property. Borrower shall be in default if aryforeture action or proceeding, whethercivil 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 IrsbumemorLendeesseeurilyintar sL Borcowermaycufesuchadefaultandreinstate,asprovidedinparagraphl8,byrarairgtheacdon or proceeding to be dismissed with a ruling that, in Lenders good faith detenninatoN precludes forfeiture of the Borrowers interest in the Property orothar material impairment ofthe lien created bythis Security Instrument or Lenders security interest Borrowerahall also be in default if Borrower, during the loan application pro , gave materiallyfalse or Inaccurate infornationorstatementsio Lender(orfailed to provide Lenderwith any material intimation) in connection with the loan evidenced bythe Note, including, but nrotlimited to, rapresentations conceming Sono"r'socaipanwyofthe Prapertyasa principal residence. hthisSewritylrstrumentisonleasehdld,Bonpww,-h llcmTOy with all the provision ofthe lease. ffBorroweracquires fee title to the Property, the leasehold andthefee title shall notmerge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights In theProperty. If BorovwerfaiLs to perform the covenants and agreements ourtainedinthis Security Instrument, or there is a legal proceeding that may signtricently affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, forcondemnation orfoffeitureorto enforce laws orregulatiors),teen L.endermaydo and payfarwhatsveris necessary to Protect the value of the Property and Lenders rightsin the Property. Larders actions may include paying any sums secured by alien, which has priority overthis Securirylnstrument, appearing in tour, paying reasonebleatromeys• feesand entering on the Proper" make repairs. Although Lendermaylake action underthis paragraph 7. Lenderdoes not haveto do so. Arty amounts dLsbursed byLanderunder this paragraph 7shall become dditioral debt ofBormwersecured by this Security IstrumenL Unless Borrowerand Lenderagmetoother tarns of payment these nts, hall burintarestfrom the date of disbu rsement atthe Note rate and shaft be payable, with ln�t upon notice from Lender to Bouestirrg payment a A ortgage 1 ' " raj�rS: If Lender required mortgage insurance as a condition of making the ban secured by this Security t+rsh.urnarrL Borrower shall p4y(,MB iums required to maintain the mortgageinsurance in effect lf, for any reason, the mortgage irisurience coverage required bX L er,l'apses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mor47ag`e "v-insurance In effect, at a cost subst"any equivalent to the cost to Borrower of the norlgage insurance previousry in e m an alternate mortgage insurer approved by Lender. ft substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to a tweft ofthe yearly mortgage insurance premium being paid by Bonowerwhen the insure�i�oce coverage lapsed or ceased m be in effect Lenderwill accept use and retain Mere payments see loss reserve in lieu of moFtga>3e.ihsuranoe. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the mind forthe period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Bo shallp"epremiumsmquinedtoma[ntainmortgageirsumnceineffect,orloprwideabse reserve, until the requirement for mortgage issuiapce�ends in accordance with any written agreement between Bo ry mrard Lender or applicable law. S. Inspection. Lender or its agent rriay.>�take aasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or pnorr a an inspeccnh,specityn�r g nasoneble cause forthe irspedlon- 10. Condemnation. The pnxeeds of arry'alamId"e( claim for damages, direct or consequential, in connection with any condemnation orothertaking ofanypartoftlea ProperEy,.dtforGic, yance in lieucfcondemnation, are herebyassigned and shall bepaid to Lender..Intheeventofaloattakingofthe Property, the pit 'erJB 1_1 be applied to the sumssecured bythisSecurtyinsWmerLwhetrw or not then due, with any excess paid to Borrower. In the ev of'a'partial taking of the Property, in which the fair market value of the Pnopartyimr»dately be fore the taking is equal to orgreater m of the sums secured by this Security instrument immediately before the taking, unless Borowerand Lenderothenw- agreeli 'r if,a sums secured "is Security lmtrumentsha€I beredreed by the amount or the proceeds multiplied by the following fraction: (alttfa . amount of the sums seared immediately before the taking. divided by (b) the fair market value of the Property immediately befo ...the ta7gng. Any balance shall be paid to Borrower. In the eventofa partial taking ofthe Propertyinwhichthe fair market value ofthe Prorepyir"'lately before the taking is less than theamountofthe sums sewmd immedkdelyforihe taking, unless Bonrowerand Lender otherwise agme]'nwritirg orunless appiwble Iawgltrenwite provides, Ue0 pnooaeds shall be applied to the surus severed by this Security ]nsvvmei'elhet or not the sums am ti»n due. UnlessLender and Borrower otherwise agree in writing, any application of proceeds to prinapa4s " t�riot extend or postpone the due date of the monthly payments referred to in paragraphs 1 or deanga the arnounit of such pay7rrant5l r' 1 L Bortovrer Not Released, Forbearance By Lender Not a Wanner.,n ofthe time for payment or modification of amordzadmofthewntssemredbythis Security[rWm entgmntedby Lenderto su rinirrenstofSonower.%Wnotopwa*to release the Iiabilityof the original Bo"aweror Bonowers successors in interest s1a11 not be required to commence proceedings agaratanysuecessorin interest orrefuse to extend time for paymentorotherwise modifyariiortzation ofthesurnssowred by1hs Security trstarreeM by maven of any demand made by the origins[ Borower or Borrowers suxessbrs in[[IntaresL %cnY forbearance by Lander in exercising any right orremedy shall not be a waiver of or prelude tine exercise of any rigtit.or reatedy. 12. Successors and Asslgms Bound; Jointand Saveral Liability; CoSignafa.-SKe' ward agreementsohNs Severity Iretmmerrtshall bind and bemMthe suecessomand assigns of Lenderand Borrower, subject of paragraph 17. Borrowers omrantsandagmementsshallbajoimandseveral-MyBOnrOwerwtq m-sigrethis 5aandly(ristru" butdoas rolatocrtslhe Noce; (a) is maignirg this Security Instrument only to mortgage, gram and convey that Borrowers Into' Property under the tennis of this Security Instrument (b) is not parsonallyobligated tc pay the sums secured "is Sew* Instrunispband (s),agmes thatLerderand any otw Borrower meyagree to extend. modify. forbearormake anyaecommodationswith raga dto the Nrms6ftSecurity Ftetumentathe Note wifhouttrat Borrowers consent _T 3 Loan Charges- Ifthe loansewred by this Security Instrument issubjecttoa law which sets - ' ban charges, and that law is finallyinterymtedsothatthe interestorotherloan charges collecW orto be collected in conne U=Abarexeeedthepermitted limits, than: (a) any such loam charge shall be reduced by the amount necessaryto reducethe charge tothe pertained limit and (b) anysums already collected from Bom erwhich exceeded permitted limits will be refunded to Borrower. Lender maychoose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. Ifa refund reduces principal, the reduction well be treated as a partial prepayment without any prepayment charge under the Note. 14. Notfoes. Any rKAce to Borrower provided for in this Security Instrumentstall be given by de€ivering it or by mailing it by first dam mail unless applicable law required use of another method. The notice shall be directed to the Property Address oranyotheraddress 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; Saverabllay. Federal ral law and the Law of thejurisdicdon in which the Property is located shall govem this Security, inshuent In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflielshall not affeetotraupravisionsof MLs Security InsWmentorihe Note which can be given effect withartthe mMictirgprovision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 1 S. Bor owars Copy. Borrower shall be given ona conformed copy of the Note and of this Seedy Instrument 17.Tnrsfarofthe Propertyora BeneflelaEinterestin Borrower. [fall or any part ofthe Property oranyintenestin 4 is sold or transferred (or if a beneficial interest in Borrower Is sold ortranshmed and Borrower is not a natural person) without lenders priorwritten consent, Lender may, at its option, require immediate payment in full of all sums seared by this Security IrsWmerrL However,lendershalt not exercise this option if federal law as of the date of this Security Instrument prohibits exere se. tf Lender exercised this option, Lender shall give Borrower notice ofacoeleration. The notice shall providea period of not fesstham 30 days from the datethe ratios is delivered or malted within which Borrower most pay all sums secured by this Security Instrument If Borrower fails to pay tress sums prior to the expiration of this period, Lender may invoke arry remedies permitted by this Security Instrument without further notice or demand on Borrower. .cwred-p *** OR: 3585 PG: 1940 *** 18. Borrower's Rightto Reinstate. IF Borowermeets certain conditions. Borowershali have the right to have enforcement of this Security Instrument discontinued at anytime prior to the eadisrof : (a) 5 days (arsuch other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Inttrumerrb or (b) entry ofa judgment enfordrgths SecurityInstrument 'Those conditions are that Bonvwer. (a) pays Lenderall sums which then would bedue underttis Security Instrumentand the Note as if m acceleration had occurred; (b) cures and default of any othercovenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, butrdtfmited to, reasonable attorneys fees: and (d)takes such action as Lender may reasonably require to assure thatthe lien of this Security Instrument, Lenders fights in the Propertyand Borrowers ohfigationb paythe sums seared by this Security lnstumentshall continue unchanged. Upon reinstatement by Borrower, this Security lnstrummrtand the obligations secured herebyshail remainfully effective as if no acceleration had cocurad. However, this rightio reinstaaeshall notapply in the ease ofacceleration under paragraph 17, 19. Sale of Note; Change of Loan Servker. The Note or a partial lmmtstintheNota (urgaMarwifhtttis Security lnsbuthw* may be sold one ormom times without prior noticeto Borrower. Asale may result in a charge in the entity (known as the Roan Servioan that collects monthly payments due underthe Note and this Security Instrument. There also may beoneor more changes ofthe Loan Servieer unrelated to a sale of the Note. Ifthere is a change of the Loan Serviear, Borrower will be given written notice o€the change in accordance with paragraph 14 and applicabie 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 arty other information required by applicable law. 20. Hazardous Subsmnoes. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any ra Hardoussubstano s on. of�ryqthe Pmperty. Sorowershall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Errvinxrme_t]tafrl.a\v The preceding two sentencesshall notapply to the prasenoe, use, orsttxage on the Proparyofsma0 quantities of Haratdou that are generally recognized to be appropriate to norm] residential uses and to maintenance of the Property. Borrowershall can to giveLenderwrittin notice forany investigation, daim,demand, lawsuitorotherarAon byaryg7mmmentai or regulahny aganq or ,f 1`, i ving the Property and ary Hazardous Substance or Environmental Law of which Borrower has actual knowledge ltBornnverleams, rcisnotifiedbyanygovemmentalorreguiabryauthority,thatanytenxmlorcamrarmeTebono(ariy - -- Hazardous Substance affectiroitte-p'ropeiryis necessary. Borrower shall pmmptlytake all necessary remedial actions in accordance with Emrirorvnental Law,.ltisusedinthispara p�20,'Hanrdous Substances'aretAose suhstancesdefinedesb)dcorha n:Sousaubstarces by Errvimnmentallawandthefollov�rr�suhstarces: gawriine,kerosene,otherfiammableorb)dcpabeleumproducls,bx;dpesticdesard harbiddes, volatile sdvents, materials antainipg asbestos or formaldehyde, and radioactive materials. As used in plus paragraph 20, 'Fnvimrvnenta€ Law/ rvtars federal laws amend Paws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Accalaratfon; Remedies. Ler r shall give notice to Borrower prior to acceleration following Borrowers breach M any covenant or agreement in this Security Irtsaurnprrt'(bui not prior to acceleration under paragraph 17 urtess applicable law provides otherwise). The noticeshall spedfy. (a)thedefa� tFi action required to curethe default (e)a date. nodessthan 30 daysfromthe date the notice is given to Bomawer, bywhich the tlefa 1r--= md;and(d) that failure to cute the default on orbe€ore the date specfed in the nof" may result in acceleration of the sums`sawred>by:this Security Instrument foreclosure byjudicial proceeding and safe of the Property. The notice shall further inform Bonowerpfkre itg(# to reinstate after acceleration and the right to assert in the foredosure preceding the non-edstence ofa default or any other defenae.ofBenowerb acceleration and foreclosure. title default is not cured on or before the date specified in the notice. Lender, at ins op(ebn, m5y require immediate payment in lull Mall sums seared by this security IrstrumeMwt&xrAfuNr6r GeinanclindrreyforedosetHi-S arimem byjudicial proceeding. LandershoU be erradeci to collect all expenses incurred in pursuingthe remedies provided in this pa gee, 1,including, but not limited to, reasonable aaorneysivesand mats of the title evidence. 22. Release. Upon paymentofallsumssecured bythis$ { ratrumenL Lendershail re€ease this Security lnstunraM,wiUrout charge, to Borrower- Borrower shall pay any recordation costs_ 23. Atmmays'Fees: As used in this SecuntylrsbvrnaM'a ttr6Nc)e,'atbomeysfees'shall indudeanyadorwys'feesaweded byan appellate court. 24. Rider to this Se rRylnstrumenL 8oneormoradderseree _ by Borvwerand recorded mgetherwith this Security Instrument, the covenants and agreements Meech such ritlershallbe, i;drl it and shall amend and supplementihecoveanb and agreements of this Security Irstumerrtas if the riders) were a par oft Secsirri -lpstrument (Gh8&App1icable Box) u ..,,. Adjustable Rate Rider ❑ Rate Impmverrienf e ElCondominium Rider LJ Graduated Payment Rider u 1-41Family Rider`Salved Fbrrpe Rider r-t fJ Balloon Rider ❑ Biweekly PaymentRider,,e- .\ ❑ Planned Unit Development Rider u o--r(s) (specly SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in;tt{s cry, Insftmem and in any riders) emarted by Bonvwer and recorded with it. Signed. sealed and der in the presence of �'✓_ � •, Wimess Slgrrehure: Witness Print Name: Signawre: - E BOIIaWe aRZhl Witness Signature:n Witness Print Name: tskwtp. Q. {�i) � Address: 5113 Bass Rd. Iaetokalee, Florida 34142 STATE OF Florida COUNTY OF Collier I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take admW.dg--ft,pomonagyappeamdLZOMM it MMAI L lQ a knownao be the parson(s) desarbed in and who eimcuted the foregoing instrument and acknowledged before me that HE SH TH]_l' cuted the same for the purpose therein expressed. W TTNESS my hand and official seal in the County and State aforesaid this May 16, 2004, My Commission Expires. Notary on°j•,, Silyia tih P iSi nature 'P. Pkiii B ---- #CC ��;� 3 �w ed.vp PROMISSORY NOTE kpril 4,2001 3orrower_ LEONEL & MARINA MEZA 5113 Bass Rd Immokalee Florida 34142 (Property Address) (City) (State) 1. BORROWER (S) PROMISE TO PAY_ I/We promise to pay FIFTEEN THOUSAND DOLLARS ($15,000.00) (this amount will be called "principal") to the order of Collier County or to any other holder of this Note (the "Lender"), whose address is 2800 Horseshoe Drive North #400, Naples, Florida 34104_ 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; except that if I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until I/We pay it in full. 3. PAYMENTS: Principal payments shall be deferred for the term of the first mortgage loan or until sale of property, refinance, or loss of homestead exemption the date the last payment is due on refinance or satisfy the first mortgage loan, I/We agree to immediately pay the entire sum due under this Note. My/Our total payment shall be U.S. $15,000.00. 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 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. 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. BORROWER (S) FAILURE TO PAY AS REQUESTED: (A) Default (B) Payment of Note Holder's Cost and Expenses 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. 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. 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 :folder 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, Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise_ 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. Seal Borrower LEONEL MEZA (Seal) Borrower MARINA MEZA RETURN TO: Collier County Financial Administration & Housing Department 2800 North Horseshoe Drive #400 Naples, FL 34104 Attn: Wendy Klopf Phone: (239) 659-5701 Fax: (239) 403-2331 INSTR 4383663 OR 4528 PG 466 RECORDED 1/13/2010 3:01 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 OBLD $0.00 OBLI $0.00 Prepared by and return to. Priscilla Doria Housing &. Human Services 3301 E, `i'arniami Trail, Bldg H, #211 Naples, FL 34112 ..., 1O `' AGE MODIFICATION AGREEMENT THIS IS a prfga;�p Modification Agreement, made effective as of the 41h day of December, 2009, by'atfd between Roger T. Byrne & Darlene M. Byrne, hereinafter called "Borrower" and the Collier,Gehl ty, hereinafter called "Lender." ,, t., WITNESSETH: enants contained herein, the Borrower and the tender In consideration of the rn`cttt alc agree that: 4° 1. Promissory Note and''f note and mortgage dated April 15, 2009,,'f, Page 3381, in the Public Records of CO)i'i, the owner of the property. Gender warrai mortgage. Both parties warrant they have Modification Agreement. Borrower has given to Lender, a promissory it 21, 2009, and recorded in O.R. Book 4445, fy, Florida. Borrower warrants that it is still t,\is still owner and holder of said note and ,l~� nd authority to enter into the Mortgage 2, Status of Payments. There are nd�... promissory mote are not in default. 3. Modification. In consideration of the mutual e and valuable considerations, the parties agree that said p� modified as follows: (a) The principal balance of the promissory note at the rate of zero percent per annum. required and the mortgage and i herein and other good note and mortgage are which shall (b) No Payments axe required as long as the homeowner doh' LA—dd sell, refinance or lose their Homestead Exemption. The term of the loan is 15 years aM every 5 years 1/3 is forgiven so that at the end of the term the note is paid in full. 4. Other Terms. Notwithstanding anything to the contrary herein or in the Renewal Note or Mortgage, the lien and operation of the Mortgage shall continue in full force and effect except as modified by this agreement. All other terms of said note and mortgage remain unchanged. ' OR 4528 PG 467 5. Compliance. The Borrower covenants and agrees to perform, comply with, and abide by each and every one of the provisions of the Renewal Note and Mortgage, as modified hereby. b, Agreement Binding. This agreement shall be binding upon and inure to the benefit of the heirs; legal representatives, and assigns of the Borrower and to the successors and assigns of the-L' r � In t3 hereaf, the parties have caused this agreement to be executed as of the date first above wri en.,,,: DATED this ay of am e _, 2009. Signed, sealed, and delivered in the presence of: Bor r: Roger T. Byrne Witness STATE OF FLORIDA COUNTY OF COLLIER lorrower. 'j�"Ja' - Darlene M. Oyme THE FOREGOING instrument was acknowledged before` ttt� this #-' day of 2009, by Roger T. Byrne and Darlene M. Byrne who i. rs"ally known to ,fie or who has produced as identification. MIlfil Nil+rllHilU UI/N Isl/.lpt+rflllllllll lt� U/4�f i VIt��Gi'_I.A �Vfi)A � CoMIO DD0091636 s Notary Pa is II Expires&20/2M a Name: ✓1S( l�1 LYI/ FWda Notary Asm, Ine r Nibs .... 16-111ti11...... 0...... I III /Its M1. -2— *** OR 4528 PG 468 *** Lender: Collier County Housing & STATE OF FLORIDA COUNTY OF COLLIER ` " .`'J THE FOREGOING of 1)1, 2009, by Marcy of Collier County, who is personal wn u.....l n[,ruseurr[rarrr�F[r[n+er rr� pRISCELLA DORIA Comm# DD0891636 Exptras 6/2012013 Florida NolaryAssn., Inc nrfurvlru uunndrurrrfn r[rrr[r urrrrR! it was acknowledged before me this L&� day Director of Housing & Human Services Department �O me. !%S n.r .�.. 11 n Q✓1c. -3- Ret.Il, ATIN: PRISCILLA DORIA 4286176 OR: 4445 PG. 3381 OOLD 15000.00 HOUSING R HUNAN SVC/SHIP RECORDED in the OFFICIAL RECORDS of COLLIER COUNTS, FL REC FEE 211OD INTEROFFICE )239) 252-5312 04/21/2001 at 02:57PH DWIGHT E, BROCK, CLERK DOC"135 52,5E SECOND MORTGAGE THIS SECOND MORTGAGE ("Security Instrument') is given onffday of �Yi I 2009. The Second Mortgagor is: Roger Byrne and Darlene Byrne, a married couple ("Borrower'). This Security Instrument is given to Collier County ("Lender"), which is organized and existing under the laws of the United States ofAmerica, and whose address Is 3 3 01 E. Tamiami Trial 0211, Naples, Florida 34112. Borrower owes Lender the sum of Fifteen Thousand Dolla.rs(U.S,S 15,0D0.00).This,debtlsevidencedby Borrower's Note dated the same date as this Security Instrument ("Second Mortgage"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on sale of property, refinance, or Joao of homestead exemption. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Securitylnstrument andthe Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Coll ier County, Florida. , ' `j Al ,.l More particularly desalf(iei(`a NAPLES VILLAS, BLK G, LOT 16, COLLIER COUNTY, FLORIDA, FOLIO N 63504480008 and which has the addres off t ("Property Address"): 359 o1niiiettia, Ave {Sjreer Napie§, FL 34104 (City) (State , -._ (zip) TOGETHER WITH all the im{�mdve(oe, now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and1'prgfsts ater rights and stock and all fixtures now or hereafter a part of the property. The Security Instrument shall also cover M replacements d additions. All of the foregoing Is referred to in this Security Instrument as the "Property'. BORROWER COVENANTS that orrgwor g1, wfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Ip i erN�nbared, except for encumbrances of record. Borrower warrants and will defend generally the tithe to the Property against all claim a41d-{felnands, subject to any encumbrances at record. THIS SECURITY INSTRUMENTcombifi eLririf' .` venantsfor national use and non -uniform covenants with limited variation by jurisdiction to constitute a uniform security Insirumen t (tow n {sal properly. UNIFORM COVENANTS. Borrower and Le,d Vert nt and agree as follows: 1. Payment of Principal and lnterw n Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. f = 2.7axes. The Mortgagor will pay all taxes,assess[]�nis,Se errents orwater rates prior tothe accrual ofany penalties orinterest thereon. j ` . The Mortgagor shall pay or cause to be paid, as the shale (Cs iyely become due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed fir, 'a�alnst or with respect to the Property, (2) all � utility and other charges, Including "service charges', incurred or Imposed for the o ra ' _ r 'm intenance, use, occupancy, upkeep and Improvement of the Property, and (3) all assessments or other governmental charges al mi y la lly be paid In installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be pld'a� Duach installments as are required lobo paid during the term of the Mortgage, and shall, promptly after the payment of any of the forooft, f d to Mortgagee evidence of such paymenL 3. Application of Payments. Unless applicable lawprovicies other�viseu al p yments received by Lender shatl be applied; first, to Interest due; and, to principal due; and last, to any late charges due under the Nee: 4. Charges; Lions. Borrower shall pay all taxes, assessments, cha4e�nes' nd impositions attributable to the Property which may alialn priority over this Security Instrument, and leasehold payments orground rehl if any. Borrower shall promptly famish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing tfr payments. Borrower shall promptly discharge any lion which has priority over this Securitylns m at unless Borrower.(a)agrees inwriting to the payment of the obligation secured by the lien in a manner acceptable to Lender; (h) cv ast H. good falth the lien by, or defends against enforcement of the lien In, legal proceedings which in the Lender's opinion operate to preve�nt �hro� nfgrcement of the lien; or (a) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Seb[f{it� tru eal. If Lender determines that any part of the Property Is subject to a lien, which may attain priority over the Security Instrument, o deFm y give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above with n 1A„ays of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the Improvements now existing,K� t after erected on the Property insured against loss by tire, hazards Included within the term "extended coverage" ny and aother tYdiard. %n acting floods or flooding, for which Lender requires Insurance. This insurance shall be maintained In the amounts and for the period that Lender requires. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval,whicfi Shall not be unreasonably Withhold. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtak enrage to protect Lenders rights in the Property in accordance with paragraph 7. At all limes that the Note is outstanding, the Mortgagor shall maintain insurancewith respect to the Premises against such risks and for such amounts as are customarily Insured against and pay, as the same beoome 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 atali times to be In an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance poUcles and renewals shall be acceptable to Lender and shall include astandard mortgage clause. Lendefshall 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 sh all give prompt notice to the insurance carrier and Lender. Lender may make proof of toss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, Insurance proceeds shall be applied to restoration or repalrof the Properly damaged, tf 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 Properly or to pay sums secured by this Security Instrument, whether or not then due. The 30- day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to In paragraph 1 or change the amount of the payments. If under paragraph 21 the property is acquired by Lender, Borrowers right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument Immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrowees Loan Application, Leaseholds. „ed.wp OR; 4445 PG. 3382 PORN O Borrower shall occupy, establish, and use the Property as Borrowers principal residence wlthin sixty days after the execution of this Security instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy damage or impair the Property, allows the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that In Lenders good faith judgment could result In forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security Interest. Borrower may cure such a default and reinstate, as provided in paragraph 16, by causing the action orprooeeding to be dismissed with a ruling that, )a Lenders good faith determination, precludes forfeiture of the Borrowers interest in the Property or other material Impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall atso 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 conceming Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lendors 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 Properly (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture orto enforce laws or regulations), then Lendermay do and pay forwhateverls necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien, which has priority over this Security Instrument, appearing In court, paying reasonable attorneys` fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Londerdoes not have to do so. Any amounts disbursed by Lenderunder 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 attt& is shalt bear interest from the date of disbursement at the Note rate and shall be payable, with €merest, upon notice from Lender to odff w r.requesting payment. 9. Mortgaged a ei If Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument, Borrower shajl,p�fh@;premiums required io maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required byy�ejl r lapses or ceases to be In effect, Borrower sha11 pay the premiums required to obtain coverage substantially equivalent to th'a cortg a,insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previouslon eu`t, Wom an alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage Insurance coverage is not available,- El pbyv�r shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being pall by Borrower w ' the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a toss reserve in lieu of mortgage.1 surance. Loss reserve payments may no longer be required, at the option of Lender, If mortgage Insurance coverage (in the a�rm'9'UTQ ar t for the period that Lender requires) provided by an insurer approved by Lender again becomes available and Is obtained. Bolowo s all pay the premiums required to maintain mortgage insurance In effect, or to provide a loss reserve, until the requirement for mortgage' iy+�urance ends in accordance with any written agreement between Borrower and Lender or applicable law. • T;'• 9. Inspection. Lender or its agent Trt� ma reasonable entries upon and inspectlons of the Property. tender shall give Borrower notice at the time of or prior to an InsflgbUo(r 5clying reasonable cause for the Inspection. % Condemnation. The proceeds `b"hji Atva , or claim for damages, direct of consequentlal, in connection with any condemnation or other taking of any part of the Propart'ar fpprgnveyance in lieu of condemnation, are hereby assigned and shalt be paid to Lender, In the event of a total taking of the Property, th��rat`aed4hall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In'tlf1 v6t d( a partial taking of the Property, In which the fair market value of the Property Immediately before the taking is equal to or groat r, a. a mount of the sums secured by this Security Instrument Immediately before the taking, unless Borrower and Len derolhenvisaag(e. inWrili,thesumssecuredbythisSecuritytnstrumenIshallbereducedby the amount of the proceeds multiplied by She fallowing fraeli n; (a a tat amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately'tietore th, eking. 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 Prof i r�r edialely before the taking is less than the amount of the sums secured Immediately for the taking, unless Borrower and Lender oth rio�t��o. gfe� m writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security InstiGme, kti then or not the sums are then due. Unless Lender and 2.Borrower otherwise agree in writing, any application of proceeds to pri M 'Full not extend or postpone the duo date of the monthly payments referred 10 in paragraphs 1 or change the amount of such pay nib.:';1,! 11, Borrower Not Released, Forbearance Fly Lender Not a`litr{ive enslon of the time for payment or modification of amortization of the sums sectrredbythisSecurity Instrument granted byEentl(�,{{ n' l�. ssorin Interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors In inler, , l brhall not be required to commence proceedings against any successor In interest or refuse to extend time (or payment orotherwik odl. amonlxationofthe sums secured bythis Security Instrument by reason of any demand made by the original Borrower or Borrowers a ssors 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 {'r mady. 12. Successors and Assigns sound; Joint and Several Liability; Co -Sign 44 venants and agreements of this Security instrument shall bind and benefit the successors and assigns of lender and Borrower, sob a lq Provisions of paragraph IT Borrowers covenants and agreements shalt be joint and several. Any Borrowerwhoco-signs th;sSoalrl it strcrfni. but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers Inteesl_ih a Property under the terms of this Security Instrument; (b) is not personalty obligated to pay the sums secured by this Security Ina .. ` I; a11d (e) agrees that Lender and any other Borrower may agree to extend, modify, forboar or make any accommodations with regard to a e{(rjs f this Security lnsirumentor the Note without that Borrower's consent. -: ` .' 7. 13. Loan Charges. If the loan secured by this Security Instrument is subject I a law which se rr'afjTum loan ebarges, and that law Is finally Interpreted so that the interest or other loan charges collected or to be collected In connection with the an exceed the permitted limits, then: (a) anysuch loan charge shall be reduced by the amount necessary to reduce the charge ioilr rmitted limit; and (h) 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 awed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reductionwill ill 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 malling €1 by first class mall unless applicable law required use of another method, The notice shall be directed to the Property Address or any otheraddress Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided In this paragraph. 16. Governing Law; Sevorab;tity. Federat law and the law of the jurisdiction in which the Propofty is located shall govern this Security Instrument. In the event that any provision or clause of this Security instrument or the Note conflicts with applicable law, such conflict shall not affect other 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. Ifall crony part ofthe Property or any Interest in It is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower Is riot a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment to full of all sums secured by this Security Instrument. However, Lender shall not exercise this option If federal law as of The date of this Security instrument prohibits exercise, If Lender exercised this option, Lender shall give Borrower notice of accelerat on. The notice shall provide a period of not less than 30 days from the date the notice €s delivered or mailed within which Borrower must pay all sums secured by this Security Instrument, if Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 10. 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 lime 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 or sale contained in this Security Instrurrenl; or (b) entry of a judgment «hxed.irp *** OR: 4445 PG: 3383 *** ro" 0 enforcing this SeCUt€ty Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security Instrument, including, but not limited to, reasonable attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrowees obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Insbument 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 Servtcer. The Note or apart a[ Interest In the Note (togetherwith this Security Instrument) may be sold one or more limes 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 Loans Setvlcer, 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 Lenderwritten notice forany Investigation, claim, demand, lawsuitor 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 leams, or Is notified by any governmental or regulatory authority, that any removal or other remed€ation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used€ isparagraph 20,"Hazardous Substances" are those substances defined astoxicorhazardous substances by Environmental Lawli ��d'� fell wing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solJerits,' en. s conialning asbestos or formaldehyde, and radioactive materials. A$ used In this paragraph 20, "Environmental Law" mtSF f'redere't laws and laws of the jurisdiction where the Property Is located that Wale to health, safety or environmental protection. tit 21. Acceleration;` ur�j� e , Lender shall give notice to Borrower prior to acceleration following borrower's breach of any covenant or agreement in this`S�curitY-]A1 Intment (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify�`� Kkwhefaull; (b) the action required to cure the default; (a) a date, not less than 30 days from the date the notice is given to Borrower, by Mich 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, foreclaswe by Judicial proceeding and sale of the Property. The notice shall further infd .'Oofts 4r of the right to reinstate after acceleration and the right to assert In the foreclosure preceding the non-existence ofa default or"a other defense of Borrower to acceleration and foreclosure, If the default Is not cured on or before the date specified In the notice, Leh, r, al:il" Lion, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may forecly,sse.tn� Security Instrument by judicial proceeding. Lender shall be ent€fled to collect all expenses incurred in pursuing the remedies pre4ided Id this paragraph 21, Including, but not limited to, reasonable allomeys fees and costs of the tide evidence., 22, Release. Upon payment of all sumssG6'f bythisSecurityInstrument,Lendershallretease,thisSecurityInstrument,without 23. Attorneys' Fees. As used In this Security WUrpeis and the Note, "attomeys' fees" shall include any attorneys' fees awarded by an appellate court. '.. 24. R€dens to this Security instrument If one or,nt r " 'are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such dde(' hall bQ ir1�orporaled Into and shall amend and supplement the covenants and agreements of this Security Instrument as If the, rider(s) were a,prltit Security Instrument. (Check Applicable Box) t Adjustable Rate Rider lea iftp}o�.ement Rider El Condominium Rider ❑ Graduated Payment Rider 1-0 Fant 4 (I. r. ❑ Balloon Rider El Biweekly a ❑ Othor(s) (specify SIGNING BELOW, Barro r accepts and agrees to the terns and covena7'�.o executed by Borrower an r corded with it. Signed, seated and deliv r €n the presence f: Witness Signature: Signature: Borrower Witness Print Nama; -�- Signature: Sj Bnrrawer Witness Signature: �6 Witness Print Name: �o &n: o E —r., Address: STATE OF FLORIDA COUNTY OF COLLIER ❑ Second Home Rider ❑ Planned Unit Development Rider in this Security Instrument and in any rider(s) 3577 Pbii~`mftbia Ave hereby corlify that on this day, before me, an officer duty authorized In the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Roller Bvme & Darlene Byrne to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged beforeme that HF1 SHE]THEY executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County�-na State aforesaid thiis,s/;ly 6 day of � Ir C 20 My Commission Expires: ) 'A'o , "Notary Publics Signature 0 (Seal) Jr -lea �nCi. Notary's Printed Name .......... ................ = ANA i. DIAZ Comm4 DD069OW Expires711rzoi1 j A Florida Norary Aum, the ,...... . ..... .. . .i —oed.wp SCANNU.'...,?, )#181r ,county Public Ser\AceS Department. Community & Human Services Division November 17, 2023 Mary Overstreet Escrow Processor I1 Stewart Title 4910 Tamiami Trail N 4102 Naple, FL 34103 Re: Payoff Letter- Roger Byrne and Darlene Byrne Property Address — 3577 Poinsettia Ave, Naple, FL 34104 Mortgage/Lien Type Date Recorded OR Book/Page Amount Due Collier County SHIP Second Mortgage File 409-023R 04/21/2009 4445/3381 Original Amount- $15,000.00 Collier County Mortgage Modification- $13,426.00 01/13/2010 4528/0466 1/3 forgiven at the end of each 5°i year. 2/3 of the loan is forgiven $4,475.34 This payoff amount is $4,475.34 with no per diem, No payment will be required until the property is sold, transferred, refinanced, no longer Homesteaded, or is no longer the primary residence of the hornebuyer. At that time the balance of the lien amount is due and payable. Payment should be made to "Collier County Board of County Commissioners" and delivered to: Community & Human Services Division Attn: SHIP Payoff 3339 E. Tamianii Trail, Suite 211 Naples, FL 34112 Please include a separate check in the amount of $10.00 for each payoff amount made payable to: Collier County Board of CountV Commissioners for the cost of recording. Sincerely, _w�,,��, �&a Z (i�'�'L Lisa N. Carr Grants Coordinator 11-239.252.2339 lisa.carr tr,colliercountyfl.Roy Community & Human Services Division • 3339 Tamiaini Trail East, Suite 211 - Maples, Florida 34112-5361 239-252-CA12E (2273), 239-252-CAFt (2233) - 239-252-4230 (RSVP) - uonq.colliergov.neVhtimanservicos Stewart TITLE December 8, 2023 Collier County Attn: Payoff Department 3301 E TaMiami Trl Naples, FL 34112 File No.: 2182739 Loan No.: Attn. SHIPP Payoff Borrowers: Darlene Byrne Dear Sir or Madam: Please find enclosed herewith our check number 398878 in the amount of $4,475.34 to cover the payoff balance in full on the above loan. If for any reason this check is not sufficient to cover the amount due to payoff this loan, please notify us immediately. Please forward the Original Release documents within 30 days from receipt of this check so we can record it in the Public Records or provide a copy of the recorded Release documents to this office. Your canceled note and security instrument and any other documents should be sent directly to your borrower whose address is: 3216 Aquila Avenue, North, Minneapolis, MN 55427 Please do not hesitate to contact us if you have any questions. Please refer to our file number when corresponding with our office. Sincerely, a= 1j 0m, V�� Doug Stevens Escrow Officer Enclosures Stewart Title Company 12800 University Drive, Suite 360 Fort Myers, FL 33907 (239) 489-2324 main (239) 242-2726 fax dstevens2@stewa rt,com Escrow Officer: Doug Stevens 598875 GATE: 12/8/2023 PILE: 2182739 CHECK AMOUNT: $4,475.34 BUYERfSELLER: Andres Felipe Gutierrez and Monica Marcella Franky VelexJ©arlene... SETTLEMENT DATE: 121812023 PROPERTY ADDRESS: 3577 Poinsettia Avenue, Naples, FL 34104 � PAYF-E, Coliiar County B and of Commissioners 121812023: layoff of mortgage loan t&,Collier County Board of Commissioners: Payoff of loan number 09-023R $4,475.34 ..- r. W611s l=ar a`13 WAA: 9 [� _ 4?�=Mantgoj�ie#y Street:=•� - 1 - - Sairar�c]sco, I]ecerriber'06. 2d2-3' ' 9 '$ L3 .WR*rti kWkkl�*'k RN �*iF*R*f�� W�ai.x4lia*�i�e�*' 3kbk�k l�k�r`1.�" k'�k*kdik*fir lr��!-•` `J• �s` ....•, 'h -�', ...... !�. ., .-... fnF.4l*k.,F,kNYrlkj�kif>V Yr%i(. Qollars' s:<;y is _ V: d -Y off'■-'����. `�y�+^� — � - - xi Escrow Officer: Doug Stevens DATE: 12/812023 FILE: 2182739 CHECK AMOUNT: BUYERISELLER: Andrds Fellpe Gutierrez and Monica Marcela Franky Velez/Darlene... SETTLEMENT BATE: PROPERTY ADDRESS: 3677 Poinsettia Avenue, Maples, FL 34104 PAYEE: Collier County Board of Cornm[ssloners 12/812023: Payoff of mortgage loan to Collier County Board of Commissioners: -Recording for 09-023R 398877 $10.00 1218/2023 $10.00 .1A . SECOND MORTGAGE F �+ q? OSLD OELI 1(775.00 111735,00 4186338 OR: 4375 PG: 3531 FHB 35,50 Ratn' RIC ROSS TITLE & 1SCRON INC RICORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL DOC-.35 51.80 599 97H S7REN7 N 9300 07107/2001 at OS;21AN WNRY 1, BROCK, CLERK NAFLES FL 31102 THIS SECOND MORTGAGE ("Security Instrument') is given on EQ� 30 , 2008. 'The Second Mortgagor Is: Jonathan J. Nickerson, a single man ("Borrower"). This Security Instrument Is given to Collier County ("Lender"), which is organized and existing under the laws ofthe United States of America, and whose address is 3301 R. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Fouxteen Thousand Seven Hundred Seventy Five and. 00/100 Dollars ($14 , 775.00) . 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,_zefinance, or lose of homestead exemption , This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extenslons and modifications; (b) the payment of all other sums, with Interest advanced under paragraph 7 to protect the security of the Sebu`'ty Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and tha Nate. F0, �?ti "purrppose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collk:4r dyriiy, Florida. As more particularly described a� E{fit 3D,' Ik 10, Unit 1, Golden Gate, Collier County, Florida and which has the address of: ("Property Address"): -__ 5.% V 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,. 10 rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the'iiacurily, strument. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borfov r Is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is uii cumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and u demand h act to any encumbrances of record. THIS SECURITY INSTRUMENT combines' nifocovenants for national use and non -uniform covenants with limited variation by Jurisdiction to constitule a uniform security insirumen('Goj 0nn teal property. UNIFORM COVENANTS. Borrower and Lendef `ettajtt and agree as follows: 1. Payment of Principal and Interest; Prepay e�a d ate Charges, Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note. 2. Taxes. The Mortg agor will pay all taxes, assessfrt nfs,'s we rents or water rates prior to the accrual of any penalties of Interest thereon. J The Mortgagor shall pay or cause to be pald, as the sae,.resgp 'vely become due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or laVf gee s or with respect to the Property, (2) all utility and other charges, Including "service charges", incurred or imposed for the operation, f ainte use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully` - e1d. l stallmenis over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be at only such insl$IIpi1 n�. 'a #., to required to be paid during the term of the Mortgage, and 3. shall, promptly after the payment of any of the foregoing, forward to Mortgagee a Ice of such payment. 3. Application of Payments. Unless applicable law provides 01Ff� , e, If ggoyments received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late charges due under tits Npte.) 4, Chargea; Liens. Borrower shall pay all taxes, assessments, char e8 d impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground ra s',� Borrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph, and all receipts ev!dencing ihe,pbymiil Borrower shall promptly discharge any lien which has priority over this Sedurdy.l strument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) coQ1 6% 1 good faith the lien by, or defends against enforcement of the lien In, legal proceedings which in the Lenders opinion operate to proven fhb farcement of the lien; ar (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Sequ fty Ir�4 mment. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, LdW4 mn 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 o a I' ng of notice. 5. Hazard or Property Insurance, Rorrower shall keep the Improvements now oxislip or eafter erected on the Property insured against loss by fire, hazards included within the tern "extended coverage" and any other he rd8, "', d`1.. ods or flooding, for which Lender requires Insurance. This insurance shah be maintained in the amounts and for the periods that Lenr6 dir s The Insurance carrier providing the Insurance shall be chosen by Borrower subject to Lenders approval which shelf not b . unree on ty withheld. If Borrower fails to maintain coverage described above. Lender may, at Lenders option, obtain coverage to protect Lenders right irr1.�i a Property In accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with reg§pctioe 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 iharelo, including, but not limited to, all-risk insurance protecting the interests or 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 eoonamfeatly 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 304ay period will begin when the Police is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably withhold, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property, Borrower shall W In default if any forfeiture action or proceeding, whether civil of crirrinalr is begun that In Lender's good faith OR: 4375 PG: 3532 judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security Interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest In the Property of other material impairment of the lien created by this Security Instrument or Londers security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate Information or statements 10 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 Borrowers 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 Properly, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lendees 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 Lander may do and pay for whatever Is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may Include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Properly 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 dale of disbursement at the Note rate and shall be payable, with frnlerest, 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 prevously 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 substant€ally 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 pave: ago lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve In lieu of mortgage insurance: f,;erve payments may no longer he required, at the option of Lender, if mortgage Insurance coverage (in the amount and for the period Ih. W�der requires) provided by an Insurer approved by Lender again becomes available and Is obtained. Borrower shall pay the promit 'Egoireo to maintain mortgage Insurance in effect, or to provide a loss reserve, until the requirement for mortgage €nsurance ends in a TF(c i ti th any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender<0 .Its ag ntmay make reasonable entries upon and inspections of the Property, Lender shall give Borrower notice at the lime of or prior to an `fnspOldp kRocifying reasonable cause for the inspection, 10. Condemnation. The prpoe s of any award or claim for damages, direct or consequential, In connection with any condemnation or other taking of any part of the PropeLt6r 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. hall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the a ertt, artial taking of the Properly, in which the fair market value of the Property immediately before the taking Is equal to or greater thanYfie 'Runt of the sums secured by this Security Instrument Immediately before the taking, nniess Borrower and tender otherwise agree In writing e sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the foltow€ng fraction: (a) the total mol,int'of lh sums secured Immediately before the taking, divided by (b) the fair market value of the Property Immediately before the taking. Any.p1tancb hall be paid to Borrower. In the event of a partial taking of the Properly in which the fair market value of the Property immedlately before 4f3 aiE ng is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in wrim"t-th I d . ppI cable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the'siars,r ten due, Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or piiat the us date of the monthly payments referred to In paragraphs 1 or change the amount of such payments.: c 11. Borrower Not Released, Forbearance By Lefler 9 a', alver, Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument g#a ed_$i 1, nder to any successor in Interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers suoces'spre i�1 st. Lender shall not be required to commence proceedings against any successor in Interest or refuse to extend time for paymerSt or o_ €se madlfy amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower o..r , o, ower,s successors in interest. Any forbearance by lender in exercising any right or remedy shall not be a waiver of or preclude the�xe� c., i .oany right or remedy. 12. Successors and Ass lgna Bound; Joint and Several Li iGiliky`Co ignore. The covenants and agreements of this Security Instrument shell triad and benefit the successors and assigns of Lender and Bp we� subject to the Provisions of paragraph 17. Borrowers covenants and agreements shall be -F i Via' d s veral. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrum i1tiS 1 mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) Is not personally' igat- 1 pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, fort,'ar:italaw.wbich eke any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent 13. Loan Charges. If the loan secured by this Security Instrument is subject o sets maximum loan charges, and that law Is finally Interpreted so that the interest or other loan charges collected or to be collected °eg action with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce t(ee ct�a e to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. �� a dar�may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a re ' n eijii s principal, the reduction w#11 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 bo'givera. ; de. xering it or by mailing it by first Gass mail unless applicable law required use of another method. The notice shall be directed to tAddress or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lende host g�t e as provided in this paragraph. 15. Governing Law; 3everabllity. This Security Instrument shall be governed by federal law and,l' 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 oonfi(td&.with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect Without the conflicting provision. To this and the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy, Borrower shall be given one conformed copy of 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 shalt 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 ail sums secured by this Security Instrument. ;f Borrower falls to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 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, Lenders rights in the Properly and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shalt remain fully effective as If no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 19. sane 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 sate 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 OR; 4375 PG; 3533 paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address 10 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 shalt 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 residont4l 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 or which Borrower has actual knowledge. If Borrower leams, or is notified by any governmental or regulatory authority, that any removal or other remediotion 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 substanoes: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaidehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law' means federal laws and Iaws 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 of agreement in this Security instrument (but not prior to acceleration under paragraph 17 unless applicable taw 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 most be cured; and (d) that failure to cure the default on or before the date specified in the notice may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-ex€stenoe 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 reqyire'!9imedlate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Insl�r�ritt� h yJudIcfal proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In this paragraph "1�;in v g, but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upori&If. &bf all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrowers pa Any recordation costs. 23. Attorneys' Pees, As.usad ,this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' tees awarded by an appellate court. 24. Riders to this Security Jrtstrdrlj nt If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreerrierSts of each such rider shall be Incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the, Eider s) were a pal of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ fiats I ravement Rider ❑ Condominium Rider ❑ Graduated Payment Rider ❑ 1- * mfi .Ride El second Home Rider ❑ Balloon Rider ❑ Biweekly F ymen Rider ❑ Planned unit Development Rider ❑ Other(s) (specify SIGNING BELOW, Borrower accepts and agrees to the to s 6n enants contained in this Secu ' Inst ment and In any rider(s) executed by Borrower and recorded with it. Signed, sea] d dellve in the rese of: Witnessftl;�ZCL [�, `�'isynsf>� 8'0�t,wN Jorxat a. Niakereon Signato Witn"02: 5fgnalu e ,; Z)e r r S Co -Borrow Signature:' Address: 430,5N2317-Ave SW STATE OF Ft filf] ! COUNTY OF I hereby certify that on this day, before me, an officer duly authorized in the state afoissald air il. the county aforesaid to take acknowledgements, personally appeared Jonathan J. Nickerson to me known to be the persons) de'scoe In and who executed the foregoing instrument and acknowledged before me that (He/ she/ they) executed the same for the urpose tijer iq expressed. WITNESS my hand and official seal in the County and State afore this —kday of 2Dff My Commission Expires: ,w / r - Notary Pubiids Signature (Seal) Notary's Printed Name j21rr41. DENISEM,FRAM2 ri RfyCO',iwssmr01)V4119 3: g; E)(P{RES:dansay€4.2009 "'�P1n� axil��nr m�a,ypu�wuu�•rs�s File#: 08-089 *** OR: 4375 P0: 3534 *** EXHIBIT "A" Block 10, Golden Gate, Unit 1, according to the plat thereof as in Plat Book 5, Pages 60 through 64, inclusive, of the Public of Collier County, Florida. LUTGERT TITLE LLC December 6, 2023 VIA FEDEX Community & Human Services Division Attn: SHIP Payoff 3339 East Tamiami Trail, Suite 211 Naples, FL 34112 4001 Tamiami Trail North, Suite 103 Naples, Florida 34103 Office: 239.649.3400 Re: Jonathan J. Nickerson sale to Pensabene/Christy Property: 2274 43rd Lane SW, Naples, FL 34116 SHIP DPCC Second Mortgage with Emergency Rehab File #08-089 Dear Sir or Madam: Fax: 239.649, 3410 Enclosed is our escrow account check in the amount of $14,637.32 payable to "Board of County Comm issione rs° which represents the full payoff, and its deposit requires the satisfaction of the above referenced loan. Also enclosed is our escrow account check in the amount of $10.00 payable to "Board of County Commissioners" which represents the recorded fee of the Satisfaction of Mortgage. Please prepare a Satisfaction of Mortgage and send it to be recorded in the Public Records of Collier County, Florida. We have also enclosed a copy of the mortgage payoff letter for your reference. Should you have any questions or comments, please do not hesitate to contact us. Sincerely yours,: LUTGERT TITLE, LLC Jennifer A. Goodacre Co-ManagerlClosing Officer Enclosures 7262566.2 6/12/2023 ti .C,� ffi�-r coulity Public Services Department Community & Human Services Division November 20, 2023 Julie Ryon, Office Manager Ross Law/Ross Title 'r on @ rosstitle.com> Re: Payoff Letter- Jonathan J Nickerson Property Address — 2274 43rd Ln SW Naples, FL 34116 Mortgage/Lien Type Date Recorded OR Book/Page Amount Due 1. Collier County SHIP DPCC Second Mortgage with Emergency 07/67/2002 4375/3531 Rehab File V08-089 $14,637.32 Collier County SHIP Subordination 10/21/2013 4976/2165 This payoff amount is 14 637.32 with no per diem. Total $14,637.32 1.The SHIP Downpayment with Emergency Rehab program requirement: no payment will be required until the property is sold, transferred, refinanced, no longer Homesteaded. At that time the balance of the lien amount is due and payable. Payment should be made to "Collier County Board of County Commissioners" and delivered to: Community & Human Services Division Attn: SHIP Payoff 3339 E. Tamiami Trail, Suite 211 Naples, FL 34112 Please include a separate check in the amount of $10.00 for each payoff amount made payable to: Collier Cunft Board of County Commissioners for the cost of recording: Sincerely, ?UW4 Wendy Klopf SHIP Grants Coordinator-239.252.2901 Wendy.Klopf@coliiercoutityfl.gov CghiMunity & Htfman Services Division - 3339 Tamlaml Trail East, Suite 211 • Naples, Florida 34112-5361 239-2O2 CARE (2273) - 239-252-CAFE (2233); 239.252-4230 (RSVP) - www.colliergov.net/humanservices Lutgert 7itie, LLC Escrow Account _ 4001 7amiami Trait North, Suite 103 r Gvi�Ys LLB Naples, FL 34103 PAY TO THE s ORDER OF . Fourteen Thousand SIx Hundred Thirt Board of Gottnty Commissionars THE monTH ERN TRUST COMPANY 67866 NAPLES, FL 2-16rr10 .1216/423 1 $ **14,637.32 p _ Board of County Commissioners Payoff & Satisfy Mortgage File #48•059 (2274 43rd 1_ le li" lie Lutger lrlde, LLQIEscrow Accognt Board of County Commissioners 121612Q23 SHIP DPCC Second Mortgage with Emergency Reha 14,037,32 ell 'y' •Perisabenc-Xhristy plf Payoff & Satisfy Mo�•tgacge riie #00-o89 {2274 43 I 7 14,637,32 ®b t—utgart Title, LiLG THE NORTHERN TRUST COMPANY 57667 Escrow Account NA#'it:S,FL ��i M2�® 4001 Tamiami Trail North, Suite 103 ow. LEc Naples, FL 34103 11202023 . . -PAYTOTHE- ORDEP OF Beard of Counf • Commisslonars � $**10.00 a• 8; - .ram;•. c.;—.._r..�r±='' r�s f,t*irfr7ck{at*i,tt*k>Y*r�.*�riei�Flr-kiiririrA,i' *rkt = Ten and 0011Q0 •K kR r '�f -L Nn`G,.;.'V. wr;j. z. - DOLLARS � f.�•_ f ty 0ornmiss o s i3aard o Goun :, f n rs . � ".::';"`i� •� �-mot{,� .. �.-.,.�.`.:�`.......: I r grV r:r r_i��_� 5atisfactlon recording fey File 4087089) T �` I!� ❑ 5 '� � � � tip � ._ . Lutgert Title; LLG I Escrow AcCopt Board of County Commissloners 2274 43rd Ln SVV, Naples, FL 34116 �'•4a"1; � • '.Et• C •-.. ' •--I L'.: is '� ;_•- . .. r-.. ,fd'-'-�s-�i,�7rjl=.,.��`.�•Ir n.Y�ev`},,''FW.Fg� 'A M151101 L LC El 1• Pensahone/Christy plf Satisfaction recording fee (File #08-089) i 1—r. W ti INSTR 5315355 OR 5316 Pc 2381 RECORDED 9/Z2/2016 3:27 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORID REC $18.50 Prepared by and return to: Collier County Community and Human Services Division 3339 East Tamiami Trail, Suite 211 Naples, FL 34112 MORTGAGE MODIFICATION AGREEMENT THIS IS a Mortgage Modification Agreement, made effective as of the __„�.5,p..__day nfT b f 2016, by and between Ivan Iglesias and Mayte Valdez , hereinafter called "Borrower" and the Collier County, hereinafter called "Lender." Zo WITNESSETH: Inconsid''o the mutual covenants contained herein, the Borrower and the Lender agree that: 1. Promi"'''r Note and Mortgage. Borrower has given to Lender, a promissory note and mortgage dated Dgecnill- r 12 , 2014, recorded on December 17, 2014, in OR Boole 5104, Page 2773 in the Public cords of Collier County, Florida. Borrower warrants that it is still the owner of the property: ' egcle warrants that it is still owner and holder of said note and mortgage. Both parties warrant Ili y vo good right and authority to enter into the Mortgage Modification Agreement. ti `, "\ 2. Status of Payments, promissory note are not in default. 3. Modification. In conside and valuable considerations, the parties modified as follows: (a) The principal balance of the the rate of zero percent per armum, no payments required and the mortgage and mutual covenants herein and other good laid promissory note and mortgage are is now $33,301.86 which shall at (b) Payment in fiill is due upon sale, trans�&,�nanco or loss of homestead of property within fifteen years. A refinance is allowable if loan conform. to the County's approved Subordination policy guidelines. One-third of the loan will be fdr "► -140n five year increments so that at the end of the fifteenth (1 P) year the loan is forgiven in fulf"A : 4, Other Terms. Notwithstanding anything to the conter ,I%nl in the Renewal Note or Mortgage, the lien and operation of the Mortgage shall contiri1jp 9,farce and effect except as modified by this agreement. All other terms of said pate aortgage remain unchanged. 5. Compliance. The Borrower covenants and agrees to perform, comply with, and abide by each and every one of the provisions of the Renewal Note and Mortgage, as modified hereby. 6. Agreement Binding. This agreement shall be binding upon and inure to the benefit of the heirs, legal representatives, and assigns of the Burrower and to the successors and assigns of the Lender. In Witness Whereof, the parties have caused this agreement to be executed as of the date first above written. *** OR 5316 PG 2382 *** 4' DATED this /' day Of _S�A" & _ el 2016. Signed, sealed, and delivered in the presence of., 7 Ivan I Csias Witness Mayte 11� Idez STATE OF Fl, COUNTY OF THE FORE WNG instrument was acknowledged before me this day of 2 y Ivan Iglesias and Mayte Valdez who is personally known to _p� or who 1►as prod1cea as identification. (SEAL) xNotary Public gy EXPIRES , t, Name• 106 17'1— Lendev Collier County Kimberley Grant, Director Community and Human Services Division STATE OF FLORIDA COUNTY OF COLLIER 'j. THE FOREGOING instrument was acknowledged before mills day . PT of 2016, by Kimberley Grant, Director of Community PA ��la m Services Division of Collier County, who is personally known to me. POSCILIADOW C_ WCMISSIONIEEW07 V2 EXPIRES: May 20. M7 Notary Public, Name: D"Isc, //c, Z)6r;c,_ -2- INSTR 5064377 OR 5104 PG 2773 RECORDED 12/17/2014 12:49 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44.00 Prepared by and Return to; Collier County Community and Human Services Department 3339 E. Tamfaml Trail, Building H, Stine 211 Naples, Florida 34112 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SUBORDINATE MORTGAGE THIS SUBORDINATE MORTGAGE ("Security Instrument") is given on Ak _12_ day of We.D3W C 2014. The Mortgagor(s) [dare: Ivan Iglesias and My Le Valdes, a married couple ("Borrower'). This Security Instrurpen€ Is given to Collier County (Lender"), which is organ#zed and existing under the laws of the United Slates of Ame ,jand whose address 1s 3339E Tamiami Trail, Naples, Florida 34112. Borrower awes Lender the sum of Thirty TIt9>lsai 4,4nd 00/100 Dollars (S30 , 000. 00) . This debt Is evidenced by Borrower's Note dated the some date as this Security Ins(tu t Vfiecond Mortgage"), which does not provide for monthly payments. The full debt, If not pald earlier, Is due upon sale transfer, reffai 'Ri prioig of homestead of the property within the fifteen year term. If sold after the fifteen year term, no repayment Is required. As long as,, ,e borr wgr continues to own and occupy the assisted property during the term of the mortgage, then the loan will not have to be repald. This Secudty Instrument secures to L4 r: (ache 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 (0) the performance of Borrp.Wetis enonls and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby second mortgage, grartl'arEUIN avey to Lender the fallowing described property located In Collier County, Florida. As more particularly described as: GOLDEN GA ��PART 2 BLK 63 LOT 3B c: and which has the address of: ("Property Address"j:, "4),. 3�9"` Cr Sw Naples FL 34116 TOGETHER WITH all the Improvements now or hq,6af qr &gcte( royalties, mineral, oil and gas rights and profits, water rights ar]d;sihck jand and additions shall also be covered by the Security Instrument. AI oM6,fr BORROWER COVENANTS that Borrower Is lawfully shed-oi ii convey the Property and that (be Property Is unencumbered, except fggF4 the title to the Property against all claims and demands, subject to afiy.Qna THIS SECURITY INSTRUMENT oombines uniform covenanw, Jurisdiction to constitute a uniform security Instrument covering real propgo UNIFORM COVENANTS. Borrower and Lender covenant and sC 1, Payment of Principal and Interest; Prepayment and Late C Interest on the debt evidenced by the Note. 2, Taxes. The Mortgagor will pay all taxes, assessments, sewer thereon, (sraro) I on the property, and all easements, rights, appurtenances, rents, all fixtures now or hereafter a part of the property. Alt replacements rfegoing Is referred to in this Secudty Instrument as the "Property". a estate hereby conveyed and has the right to mortgage, grant and dt�(brances of record. Borrower warrants and will defend generally triFbrdnces of record. ti�llval use and non -uniform covenants with limited variation by shall promptly pay when due the principal of and s prior to the accrual of any penalties or interest The Mortgagor shall pay or cause to be paid, as the some respectively beco3hgdu , (A)(t) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with 1 s ct to the Property, (2) all utility and other charges, Including "service charges", Incurred or Imposed for the operation, maintenance, use, occupancy, u keep and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid in Installments gg�Y�'BTa edod of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such insiallmenks as are regrkr&d jot .,paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such pa inont. 3. Application of Payments, Unless applicable law provides otherwise, all payments r ce�Mse by Lender shall be applied; first, to Interest due; and, to principal due; and Iasi, to any late charges due under the Note. a 4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines and Im`pbshit ' ulable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, Ifany. Borrowgphl p,' p€ly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lion which has priority over this Security Instnrmenl unless Bo ower. (a) agrees In writing to the payment of the obligallon secured by the lien In a manner acceptable to Lender, (b) contests In good f�ilyyth .. A by, or defends against enforcement of the lien in, legal proceedings which In the Lenders opinion operate to prevent the enter ni 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 pars of the Property Is sub}ect 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. b. Hazard or Property insurance. Borrower shall keep the Improvements now existing or hereafter orected on the Property Insured against loss by fire, hazards Included within the term "extended coverage" and any other hazards, Including floods or flooding, for which Lender requires Insurance. This Insurance shall be maintained In the amounts and for the periods that Lender requires. The Insurance carrier providing the Insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld, If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property In accordance With paragraph 7. At all times that the Note Is outstanding, the Mortgagor shall maintain 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 toss or damage to the Premises by fire, lightning, and other casualties customarily Insured against (Including bolter exploslon, 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 shah be acceptable to Lender and shaE Include a standard mortgage clause. Lander 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 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, than 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 malted. 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 OR 5104 PG 2774 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. 0. occupancy, Praservatlon, Maintenance and Protection of tho Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence wilhin sixty days after the execution of this Security Instrument and shall continue to occupy the Prepeily 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 he 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 Properly or otherwise materially Impair the lion created by this Security Instrument or Lender's security Interest. Borrower may cure such a default and reinstate, as provided In paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrowers Interest In the Property or other material impairment of the Ilan created by this Security Instrument or Lenders security interest. Borrower shall also be In default If Borrower, during the loan application process, gave materially raise or Inaccurate Information or statements to Lender (or (ailed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not Um€led to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument Is on a leasehoid, 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 wdting. 7. Protection of Lender's Rights in the Property. if Borrower falls to perform the covenants and agreements contained In this Security instrument, or there is a legal proceeding that may significantly affect Lender's rights In the Property (such as a proceeding in bankruptcy, probate, for condemnatlon or forfelture or to enforce laws or regulations), then Lender may do and pay for whatever Is necessary to protect the value of tho Property and Lender's rights In the Property, i-enders actions may Include paying any sums secured by a Fen which has priority over this Security InsthP�n, ent. appearing In court, paying reasonable attorneys' teas and entering on the Properly to make repairs. Although Lender may take actip fie♦r this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become a € io al bi of Borrower secured by this Security instrument. Unless Borrower and Lender agree 10 other ier ns of payment, these amounts Shelly' aPfrite`est from the date of disbursement at the Note rate and shall be payable, with Interest, upon notice from Lender to Borrower requesiirsg�ym I. B, Mortgage Insurance li_l en r, equlred mortgage Inaurenee as a condition of making the loan secured by this Security Instrument, Borrower $half pay the�r'. r;is required to maintain the mortgage Insurance In effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceo s;1 be In effect, Borrower shall pay the premiums required 1e obtain coverage substantially equivalent to the mortgage Insurance lfY ' ousty In effect, at a cost subslan€lolly equivalent 10 the cast to Borrower of the mortgage Insurance previously In effect, from an alternate mortgage lnsur r approved by Lender. If substantially equivalent mortgage insurance coverage is not available. Borrower shall pay to Lender ea 7mogUi , um equal to one -twelfth of the yearly mortgage Insurance premium being paid by Borrower when the Insurance coverage tape of sed to be In effect. Lender will accept, use and retain these payments as a loss reserve In lieu of mortgage insurance. Loss reserve payts may no longer be required, at The option of Lender, if mortgage Insurance coverage (In the amount and for the period that Lender requlr s) prPng d by an insurer approved by Lender again becomes available and Is obtained, Borrower shall pay the premiums required to malnlain a Insurance In effect, or to provide a toss reserve, until the requirement for mortgage insurance ends in accordance with any wrijtgr eh€ent between Borrower end Lender or appSlcable #aw. g. Inspection. Lender Or Its agent may make ,bso ab a entries upon and inspections of the Properly, Lender shall give Borrower notice at the time of or prior to an Inspection specifying feat %;.' use for the inspection. 10. Condemnation. The proceeds of any award o c 1 ' ff r damages, direct or consequential, In connection with any condemnation or other taking of any part of the Property, or for convoyMx jj)pli efjandomnatian, are hereby assigned and shall be paid to Lender. in the event of a total taking of the Property, the proceeds shall be r) pile a _ e sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, in the event of a partial taking_ f 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 su sa e y this Security Instrument immediately before the taking, unless Borrower and Leader otherwise agree In writing, the sums secured llils'S , ity Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction; (a) the total amount of the sums Seca ir% lately before the taking, divided by (b) the fair market value of the Property Immediately before the taking. Any balance shall be pa t�n'b' Vt. In the event of a partial taking of the Property in which the fair market value OHM Property Immediately before the teking Is tesslhsri,i � aunt of the sums secured lmmedlaleiy for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable,loW. tFie l Ise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due, U es�� L• `n r and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or postpone the due date of their on9t payments referred to In paragraphs 1 or change the amount of such payments, 11. Borrower Not Released, Forbearance By Lender Not a Waiver. 9z1q�ah f the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to anyeu ssor in Interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors In Interest. Lends shal€ not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify 0rijprtiza Ion of the sums secured by this Security instrument by reason of any demand made by the original Borrower or Borrowers successori In € IVrest. Any forbearance by Lender in exercising any right or remedy shall not be a Waiver of or preclude the exorcise of any right or to„edy: 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The qd�e a is end agreements of this Security Instrument shall bind and benefit the successors and asslgns of tender and Bu rowe , subject to,t Provisions of paragraph 17. Borrowers covenants and agreements shall be joint and several. AfiyX 'a he co-signs this Security Instrument but does not execute the Note; (a) is cc -signing this Security instrument only to mortgage,' grafii a d convey that Borrower's interest In the Property under the terms of this Security instrument; (b) is not porsonatty obligated to pay the St muse 0' d by this Secud(y instrument; and (o) agrees that Lender and any other Borrower may agree to extend, modify, forbear or meke any accommi.1(ons with regard to the terms of this Security Instrument or the Note vrithout that Borrowers consent = = ) 13. Loan Charges. If the loan secured by this Security Instrument Is subject to a law which seidaximum 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 he 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 writ be treated as a partial prepayment without any prepayment charge under the Note, 14, Notices. Any notice to Borrower provided for In ihls Security Instrument shah be given by delivering It or by milling it by first class mall unless applicable law required use of another method. The notice shalt 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. 16. Governing Law; SeverablBty, 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 wilh 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 era declared to be severable. 16. Borrowoes Copy, Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property Ora 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 scoured 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 an Borrower, 18, Borrowers Right to Reinstate. If Borrower meets certain conditions, Borrower oholl 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 pertod 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 he due under €his Security Instrument and the Note as If no acceleration had occurred; (b) cures and default of any other covenants or agreements; (o) pays all expenses Incurred in enforcing this Security Instrument, Including, but not limited to, reasonable attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Landers rights In the Property and Borrowers Obligation to pay the sums oR 5104 PG 2775 secured by this Security Instmment shall continue unchanged. Upon Wristalement 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, 1D. Salo of Note; Change of Loan 6arvlcer, The Note or a partial Interest In the Note (together with this Security Instrument) may be sold one or mare times without prior notice to Borrower. A sale may result In a change In the entity (known as the "Loan Serv€cee) that collects monthly payments duo under the Note and this Security Instrument. There also may be one or more changes of the Lean Servicer unrelated to a Sala of the Note. If there Is a change of the Loan Sewicer, Borrower will be given written notice of the change In accordance with paragraph 14 and applicable law. The notice will slate the name and address or the now Loan Servlcer 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 also 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 nocessary, Borrower shall promptly take all necessary remediat 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 pelroleum products, loxio pesticides and herbicides, volatile solvents, materials contalning asbe, los or formaldehyde, and radloaclive male4als. As u;ed in I s aragmph 20, "Environmental Law' means federal laws and laws of the Jurisdiction where the Property Is located that relate to health; sd # ar nvironmoMal protection. 21. Aecelerailon; R os'.,-.(_ender shall give notice to Borrower pilot to occeleralton following Borrower's breach of any covenant or agreement In thls Security ln�T�cApt (b I. not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) ingiarSlon 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 ftaf bd eyred; 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 thl6tkty Instrument, foreclosure by judicial proceeding and sale of the Property, The notice shall further Inform Borrower of the right to ret�ss ate after acceleration and the right to assort in the foreclosure proceeding the ran-exlslence Ole default or any other defense of Borrower to accel'@ml�r and foreclosure. If the default Is not cared on or before the date specified In the notice, Lender, at Its option, may require Immediate pdyi ri In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by jWIcWV?ace 9fflng. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided in this paragraph 21, lncluding, but nol:FVfiled to, reasonable attorneys fees and costs of the title evidence. 22, Release. Upon payment of all su sgcucdl b this Security instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordll�ia cps . 23. Attorneys' Fees. As used In this Security. M pnlenl and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. 24. Riders to this Security Instrument, ]f atiI qq 1RR'T dera are executed by Borrower and recorded togetherwth this Security Instrument, the covenants and agreements of each such Hdz all p incorpurated Into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rlder(s) wersFaiof PIS Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Rate Improvement Rkl ❑ Greduated Payment Rider ❑ 1-4 Family Rider, ❑ Baboon Rider ❑ Biweekly Payment Rider ❑ Other(s) (specify SIGNING BELOW, Borrower accepts and agrees to the terms and by Borrower and recorded with It. Signed, sealed and delivered In the presence or: Signature; Signature: Borrower It Iglesi s Co- Borrov ❑ Condominium Rider ❑ Second Home Rider ❑ Planned Unit Development Rider this Security Instrument and In any dder(s) executed STATE OF FLORIDA COUNTY OF COLLIE I hereby certify that, Ivan Iglaai.ais and Mayte Valdes persona€ly appeared to me known to be the persons) described in and who executed the foregoing Instrument and acknowledged before me that (Het she/0-executed the same for the purpose therein expressed. WITNESS my hand and official seal In the County and Slate aforesaid this A 2� day of 11Y.GAhA 2014. My Commission Expires; 3 �� (Seal) ,a�l1�I11lIfJltr�,. Notary PubllcsSi— ghAlura� IFF 1013M n' CM A(C J'Y166 Notary's Printed Rome SHIP rtloll: 12-UOSR SHIP Owner -Occupied Rehabilitatlon Program OR 5104 PG 2776 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM OWNER -OCCUPIED REHABILITATION PROMISSORY NOTE Horrower(s): Ivan Iglesias and Mayte Valdes 4175 191h Ct. SPI Naples, HI, 34116 (Property Address) (city) 0tate) (Zip) 1. BORROWER(S) PROMISE To PAY: I/We promise to pay Thirty Thousand and 00/100 Dollars ($30,000.00) (this amount will be called "principal") to the order of Collier County 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 Nate. 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:'.11'Vst on this Note shall be zero percent (0%) per annum; except that if I/we fa ay this Note as required, the interest rate shall be twelve percent {12%) per n thedate when payment of this Note is due until I/We pay it in full.s 3. PAYMENTS: Payment`.i) full is due upon sale, transfer, refinance or loss of homestead of roRpny within the fifteen year deferred pavmunt loan, If sold after the fifteen year term, ,no. repayment is required. As long as the borrower continues to own and occupy the_ _Ss stud property during the term of the mortgage, then the loan will not have to" be Yepaid. If all conditions of the loan are met, one-third of the loan will be fora en ,in five year increments so that at the end of the fifteenth (15u4) year the to s forgiven in full, My/Our total payment shall be U.S. P20,000,00.; 4. BORROWER'S RIGHT TO PREPAY:,'g'we 'yave the right to make payments of principal at any time before they are d`,;. `R payment of principal only is known as "prepayment", When IIWa meK'a,, r� a ayment, I/we will tell the Note Holder in writing that I/we am doing so, `\ IIWo may make a full prepayment or pak," � prepayment charge. The Note Holder will use all of my prepayments to reduce he' aunt of the principal that I owe under this Note. If I/We make a partial pre�p�.' af�t, there will be no changes in the due date or in the amount of my monthly paj!mINPIrlless the Note Holder agrees in writing to those changes. If I/We make a partea4)iAA,. ayment, there will be no prepayment penalty adhering to or associated with such p�#p&yment 5. LOAN CHARGES: if a law, which applies tohf7an and which sets maximum loan charges, is finally interpreted so that the inhere t,or other loan charges collected or to be collected in connection with this �Qa�i' ek aed the permitted limits; then (i) any such loan charges shall be reduced by , tamount necessary to reduce the charges to the permitted limit; and (ii) any svms already collected from me which exceeded permitted limits will be refunded to me/us:,,�" Th� Note Holder may choose to make this refund by reducing the principal that ,ilw. i)we under this Note or by making a direct payment to me/us. If a refund reduaos.�rin_p pal, the reduction will be treated as a partial prepayment. r 5. SUBORDINATION: Lender and Borrower acknowledge and'- nd' a r that this Security Instrument is subject and subordinate in all respects to tj}ei terms, covenants and conditions of the First Deed of Trust and to all advanC s aretofore made or which may hereafter be made pursuant to the First Deed of TrustFFincluding all sums advanced for the purpose of (a) protecting or further securinq_th—eT en 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 Botrowar's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the kroperty. 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 cleat 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 Lander has been given written notice of a default under the First Deed of Trust and (ii) the Lander 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 *** OR 510E PG 2777 *** If Itwe do not pay the full amount as required in section 3 above, I/we will be in default. I£ I am in default, the Note Holder may bring about any actions not prohibited by applicable Saw and require me/us to pay the Note Holder's cost and expenses as described in (8) below. (B) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Nato 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 an 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 QF- PERSONS UNDER THIS NOTE: It more than one person signs this Note, each person,- idly and personally obligated to keep all of the promises made in this Note;=r n."I .__ing the promise to pay the full amount owed. Any person who is a guarantor, S' ''nr endorser of this Note is also obligated to do these things. - Any person wh to es over these obligations, including the obligations of a guarantor, sure y " -,endorser of this Note, is also obligated to keep all of the promises made i t ote. The Note }folder may enforce its rights under this Note against each persQn,'I d3vidually or against all of us together. This means that any one of us may he t�quired to pay all of the amounts owed under this Note. 10, WAIVERS: I and anyo�-,....de.mand person who has obligations under this Note waive the rights of presentment notice of dishonor. "Prosentment" means the right to require the Note He payment of amounts due, "Notice of Dishonor" means the right to require. 3Note Holder to give notice to other persons that amounts due have not been p'K .-., 11, UNIFORM SECURED NOTE: This Sfo\'i,sJ a uniform instrument with limited variations in some jurisdictions. In addit=.td�the protection given to the Note Holder under this Nate, a Mortgage, Deed o�itut, r Security bead (the "Security Instrument"), dated the same date as this N10,. p a�ects the Note Holder from possible losses which might result if I/we do not�ee,� .he promises which I/we make in this Note. That Security Instrument describes;,, and under what conditions I/we may be required to make immediate payment �Jful, f all amounts I/we owe under this Note. Some of those conditions are described''g ows: Transfer of the Property or a Senefici�T Ifite�•st in Borrower. if all or any part of the property or any interest in it i, A ; dAgr transferred (or if a beneficial interest in Borrower is sold or transferred jid'�orrower is not a natural person) without Lender's prior written consent, Len`dp �'' at its option, require immediate payment in full or all sums secured by t}ii. Se a 'ity Instrument. However, this option shall not be exercised by Lender if prohibited by federal law as of the date of this Security Instrument. If bender exercises this option, Lender shall give ?Bqt�ko er notice of acceleration. The notice shall provide a period of not less thakllt i�r_y, (30) days from the date the notice is delivered or mailed, within which Bos'ro ex u. t pay all sums secured by this Security Instrument. if Borrower(s) fail to ayntti ?se sums prior to the expiration of this period, Lender may invoke any remedi� p rSmtted by this security instrument without further notice or demand on Borrower. / Notwithstanding the above, the bender's rights to collect a saiply the insurance proceeds hereunder shall be subject and subordinate to the rights -_of) tho senior Lien Holder to collect and apply such proceeds in accordance wkC tFie First Deed of Trust, 12. This note is governed and construed in accordance with the Laws Of the State of Florida. WITNESS THE HANJ7l(SY AND 04 (S) OF THE UNDERSIGNED. 12-114. RETURN TO: Collier County Community and Human Services Department SHIP OWNER -OCCUPIED REHA8ILITATION PROGRAM 3339 E. Tamiami Trail, Building'H, Suite 211 Naples, Florida 34112 SHIP Fileft: 12-005R g660t 602- 4208538 OR: 4391 PG: 3827 THE LAW OFFICES OF DAVID J. SCHNEID, P.A. RBCOROIO in OFFICIAL IOCORDS of C01011. COUNTY, FL STE 03 SECOI7U 69�BOC LD 091081204I at 01;29PN OiliOi(" I, BROCK, CLORI MORTGAGE RATOK ft 33433 OBLD 20235,00 OBLI 20235.00 ,n A ROC DOC-,35 3S . 717i,050i 1111 -.002 10,17 Rota: DAVID SCHNII6 PA 6901 $I( 18TH Si 1301 THIS SECOND MORTGAGE ("security Instrument") is given on BOCK RAT H FL 33433 1037 2008. The Second Mortgagor ts: Ivan Iglesias and Mayte Valdes, a married couple ("Borrower"). This Security Instrument is given to Collier County ("Lender"), which Is organized and existing under the laws of the United States of America, and whose address is 3301 8, Tamiami Trail, Na lea , Florida 34112Borrower . y Thirty Five and 00/100 Dollars provides for monthly payments is debt i with he full debt, if not paid Note due d same ate as this Security Instrument ("Second Mortgage"), which Y ($20, 23 monthly aymentsxemptin� b bt, if Security Instrument du secures to Lender as he repayment of le Of t:y, refinance, or 1e68 of homble Odebt evidenced by the Note, with Interest, and all renewals, extensions and modifrcalions; (b) the payment of all other sums, with Interest advanced under paragraph 7 to protect the security of the Syeu 'ty Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For'tbI!PV cs% Borrower does hereby second mortgage, grant and convey to Lender the following described property located In Col l i , 0 iy, Florida. As more particularly describe3 a4 6Tt19n Gate, Unit 2, Part 2, Blk 63, Lot 38, Collier County, Florida. Folio# 35881640007 and which has the address of: ("Property Address'): 4176:• 9. Court 597, Ha lea, FL 34116 TOGETHER WITH all the improvemertis n w or hereafter erected on the property, and all easements, rights, appurtenances, rents, royaftles, mineral, oil and gas rights and pr+ .Wi .Vval rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Secbni er nstrument. All of the foregoing is referred to in this Security Instrument as the "Properly'. BORROWER COVENANTS that Boren is layfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is un ncurn rs�d except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and derrrari su_bj ct to any encumbrances of record. THIS SECURITY INSTRUMENT combines umf &venanis for national use and non -uniform covenants with limited variation by Jurisdiction to constitute a uniform security instrument Wv rinq(e t property. UNIFORM COVENANTS. Borrower and Lendgr�"ye a Land agree as Tollows: 1. payment of Principal and Interest; PrepaiTn ,t 4!� to Charges. Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note. thereon. // 2, Taxes. The Mortgagor will pay all taxes, assesshtE;n a we�rents or water rates prior to the accrual of any penalties or interest The Mortgagor shall pay or cause to be paid, as the same r�s'rN�r ly become due, (A)(1) all taxes and govommenlal charges of any kind whatsoever which may at any time be lawfully assessed or levied g I with respect to the Property, (2) all utility and other charges, Including "service charges", incurred or imposed for the operation, majr� Aiske^use, Occupancy, upkeep and Improvement of the Property, and (3) all assessments or Other governmental charges that may lawfully be.ld ir1 irtsilmenls over a period of years, the Mortgagor shall t>a obligated under the Mortgage to pay or cause to be paid only such instal merile' � required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortga�d.e �; sd. rA of such payment. 3. Application of Payments, Unless applicable law provides olhd a 1 p ments received by Lender shall be applled; first, to interest due; and, to principal due; and last, to any late charges due under the loot 4. Charges; Liens. Borrower shall pay al! (axes, assessments, charge -rya.. n: I posillons attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground reefs . " any-; orrower shall promptly famish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payir�e S. Borrower shall promptly discharge any lien which has priority over this Security Insjruibe t unless Borrower: (a) agrees In writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) corlis,aVfi in cod faith the lion by, or defends against enforcement of the lien In, legal proceedings which In the Lender's opinion operate to prevdril•t_h � Prcoment of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security P at1. If Lender determines that any part of the Property is auD)act to a lien which may affair priority over the Security instrument, Lendery 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 d g'. f notice, 6. Haxard or Property Insurance. Borrower shall keep the Improvements now exisiing Ora ftI erected on the Property Insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, €n4e ri tl �s or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender re UPS, S,,- he insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreas�na6ly �.'thheld. If Borrower falls to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's ri$ ta- 1111'O Property In accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain Insurance with resiect 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, bu(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 ail 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 sight to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notioes. 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 wriling, 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 Properly is acquired by Lender, Borrower's right to any Insurance poltcles and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's prfncipat residence for at least one year after the date Of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the OR; 4391 PG; 3828 Property. Borrower shall be in default if any forte€lure 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, including, but not limlted to, representations concerning Borrowers 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 Lendees Rights In the Property. It Borrower falls 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 necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Securely 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. It. Mortgage insurance. If Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument, Borrower shot) 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,Lefrder each month a sum equal to are -twelfth of the yearly mortgage insurance premium being paid by Borrower when the fnsuranoe, &�gfa a lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve In lieu of mortgage insuran T ,I..r as payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the poriod ilia ends,( requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiuIrt�rr"��Wed to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage Insurance Dods In acodrdan, iNany written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender `or r s ' Opt may make reasonable entries upon and inspections of the Property, Lender shall give Borrower notice at the time of or prior to an inspectior),spkclfying reasonable cause for the inspection. 10. Condemnation. The prd s & 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 co9yeyance €n lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the nrooeQs hall ba applied to the sums secured by this Security Instrument, whether or not than due, with any excess paid to Borrower. In the etl8r t df artial taking of the Property, in which the fair market value of the Property Immediately before the taking Is equal to or greater than thq�a count of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing; a $v 'i s cured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the follaw€ng fraction: (a) the total amouritr7lhsums secured Immediately before the taking, divided by (b) the fair market value of the Property Immediately before the taking. Any ba a , � , all be paid to Borrower. In the event Of a partial faking Of the Property in which the fair market value of the Property immediately before -I is taakin €s less than the amount of the sums secured Immediately for the taking, unless Borrower and Lender otherwise agree in writing tie ttnie$$.Ugllcable law otherwise provides, the proceeds shall be applied to the Bums scoured by this Security Instrument whether or rat the slims ar¢:thph due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or posipdo' 1h,5'd) date of the monthly payments referred to in paragraphs f or change the amount of such payments. 11. Borrower Not Released, Forbearance By Lender• ot,a w Ivor. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument groped o , er to any successor in Interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's suoceasat )ntsr Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for paymen(.Ur p( et1�v_ ike modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or`llorr xi Gs' uccessors In interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the 0211.'sevo> y right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability Sf6nom. The covenants and agreements of this Security Instrument shall bind and bepefit the suoeessors and assigns of Lender and ��rr"14 • S�#�((bject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be jv}nt'`hdoGe ai. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security instrurrien oniyjo; ortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally op �i add to ` ay tits slims secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forttgar or ake any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. s _ 13, Loan Charges, if the loan secured by this Security Instrument is subject to 0.1 w i1 sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected [acopr action with tha loan exceed the permitted e0 limits, then; (a) any such loan charge shall be reduced by the amount necessary to reduce tharge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower, t'e�}derpi y choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower, ff a refifr$i#Tedp s r€ndpal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. .y/..,'. 14. Notlees, Any notice to Borrower provided for in thls Security Instrument shall be given,b�,AV6 1ng it or by mailing it by first doss mall unless applicable law required use of another method. The notice shall be directed to the Property,, �ress or any other address Borrower designates by notice to Lender. Any notice to Lender shelf be given to Borrower or Lender when give'-as,provided in this paragraph. 16. Governing Law; 5everablflty, This Security Instrument shall be governed by federal law and'!!jy"W'of the jurisdiction in which the Property Is located. In the event that any provision or clause of this Security Instrument or the Note coA icts 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 tire 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. V. Transfer of the Property or a Beneficial interest In Borrower. It all or any par 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 lis option, require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exerdsed by Lender If exercise Is prohibited by federal law as of the date of €his Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shot( 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, It Borrower meets certain conditions, Borrower shah 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 (he 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 WI 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 )fmhed to, reasonable attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security instrument and the obl€gat?Ors secured hereby shall remain fully effective as if no acceleration had occurred. However, Ih€s right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note ore Pattie) 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 W11 be given written notice of tho change In accordance with : 7 rc it A ✓J OR; 4391 PG; 3829 paragraph 14 and applicable taw. The notice will state (he name and address of the new Loan Servfcer 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 an 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 normat 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 leams, or is notified by any governmental of regulatory auttlority, 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 pelrolaum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioac(fve 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 Borrowef of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existonce of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured ors or before the date specified in the notice, Lender, at ffs option, may require i ediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security lns(rumentyymjudicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided in this paragraph 7jncludV1'g , but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upon pay ruTent-c.: all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrowe'r1 tSa� a y recordation costs. 23. Attorneys' Fees. As u9e& . this Security Instrument and the Note, "attorneys' fees" shall Include any stlomeys' fees awarded by an appellate court. °� 24. Riders to this Security Ins tnpt. it one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreorn t of each such rider shall be incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as If She rides) were a pats of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ElRaI ")in 'ovemenl Rider ❑ Condominium Rider ❑ Graduated Payment Rider ❑ 1A f'{y illy Riders ❑ Second Home Rider ❑ Balloon Rider ❑ Biwaekly,15 n>?iRider ❑ planned Unit Development Rider ❑ Other(s) (specfy SIGNING BELOW, Borrower accepts and agrees to the by Borrower and recorded with it. Signed. sealed a ivered in the pros ce of: W€tnesstll: ti4Yx Signature: c Y f Witness#2:� Signature: �i STATE OF FLORIDA COUNTY OF y contained in this Security Instrument and In any rider(s) executed Co. Address; 417 Vua igl alaa t V'aldea �) Court SW Florida 34116 I hereby certify that an this day, before me, an officer duly authorized in theistate afore' Ltd rid• r acknowledgements, h " g personally appeared Ivan Iglesias and Mayte Valdes tdrfie known to be the persgn(1 foregoing instrument and acknowledged before me that (He/ she/ they) executed the same for the purpose WITNESS my hand and official seal in the County and State resat is day of My Commission Expires: {Seal) Notary Pub]l¢fs� ignature �l !� Notary's Printed Name pA(,(E(ALEIBING6R Fp`� °ts tjp(aryPtltiC-SlatBd(IprSda ;.�, htrCommExphs1ut21,20D9 =ay, 7r C-iiissbn k DG 45M O `te Clouded By Hatianal NotarltAssn. File#; 08-142 county aforesaid to take In and who executed the OR; 4391 PG; 3830 LEGAL DESCRIPTION OF PROPERTY Borrower Name: Ivan Iglesias, Mayte Valdes Property Address: 4175 19th Court sW, Naples, FL 34116 Property Description: data., 08/26/08 Lot 38, Block 63, GOLDEN GATE, UNIT 2, PART 2, in according with and subject to the Plat recorded in Plat Book 7, Pages 66 and 67, Public Records of Collier County, Florida. ch lmH Oppfpinn Ride. . �i "='. . YAiP ® VrAF4034 laWN Woken Xbwer Fkuntlei E&vk" 02h01, 2DOB r 1 4 4 4 3❑ i e 4❑ 5 9 b 5 0 1 3 HUG-15-2W8 12,17P FROM TQ:25255JB P.Ve PROMISSORY NOTE OR: 4391 PG; 3831 August 14, 200$ Norrowart Ivan Iglesias and Nayte Valdes 41T5 1l r1 Court aw HaDlaa Pr. 3CILA (Property AddraW �(Cgi (State) -(zip) 1. BORRDwaR(s) PROWIes To PAY, I/We promise to pay 11renCy Thousand Two J1undrad S'hirky five and b0/I00 Dollars 20,I35.00) (this amourit rill ba called 'principal°) to the Order of ollier County or to any other holder of this Note (the 'Lender'), whose address is 330k g. Tamiami Trail Na lee Florida 34112 . IIWe understand that the Lender may erannfer the Promissory Note. The Lender or anyone who takes thin Note by transfer and who in entitled to receive payments under this Note will be called the "Note Holder". 2. INTMgT1 Interest on thin Note shall be zero parcent (04) per annumt aXcept that if I/We fail to pay this Note am required, the interest rate shall be twelve percent (12t) per annom from the date when payment of thin Note in due until I/We pay it in full. 3. FAYHRUTSt Principal payments shall be deferred for the terns of the first mortgage loan or until Sale of Dro art refinan2C or loss Of homaetead axem tion, the date the Sant payment Sa due on refinance or satisfy the first mortgage loan, X wa agree to itmadlately pay the entire sum duo under thin Note. My/Our total payment shall be U.S. $20,235.00. 4. BOAROwaa'S RIOBT TO PXXVXY> I/We have the right to make payments of principal at any time befarg they are due. A Payment of principal only is known as a •prepayment°. When I/we magd`Al prepayment, 1/we will tell the No" Holder in writing that 1/we am doing no. I/W�".�q, fi�ilia full prepayment or partial prepayment charge. The Nate Holder Will Use all of ;my'. e�aymants to reduce the amount of the principal that I owe under this Note. If I/wF, e,a' artial prepayment, there will be no changes in the due date or in the amouut'��IIpp ra0n hly payment unless the Note Holder agrees in writing to [hose changes. If I/We tia/[a iz tial prepayment, there will be no prepayment penalty adhering to or aaeociatod,.aI 4prepayment S. LOAN CNAB099: Tf•ydl w, which applies to this loan and which sets maximum loan charges, is finally id>tgigreted no that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limitat then (i) any such loan charges shall,.,he-''4 ucad by the asaunt necessary to reduce. the charges to the permitted limits t'dl?d -ii'!.1 any acme already collected from ma which exceeded permitted limits will be xerAda, to mo/us. The Nnte Helder may choose to make thin refund by reducing the pr£ncip�l that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces, rincipal, the reduction will be treated as a partial Prepayment. 41 SUBORDINATION, Lender anY whr acknowledge and agree that this security Inntzument ie aubject and aubordinati--4r(,a),j� "opacta to the liens, terms, covenants and conditions of the First Food of Trust an tdy'411 advances heretofore made or which may hereafter be made pursuant to the First bo �o� ''FF at including all sums advanced for the purpose at (a) protecting or further eec�t�`tYg't�,}^�a 11en of the First need of 'Trust, curing defaults by the Borrower under the Firec/; 4qd of Trust or for any other purpose expressly permitted by the First Feed -off, T1'u or (b) constructing, renovating, repairing, furnishing, fixturing or equipping. a vrd'osrty. The terns end provisions of the First Deed of Trust ate paramauat and strok i and they supersede any other term, and provisions hereof in conflict therewIt'v, ,Wthe event of a foreclosure or deed in lieu of foreclosure of the First Deed of nt, :pan roviaionn herein or any provisions in any other oollat o agreement restricting the �efl' the Property to low or moderate income households or otherwise restricting kh drrow Is ability to sell the Property shall have no further force or effect on nVhaE1#U�rik1p, a or purchasers of the property. Any person, including his suaeeesora or aseig a b hbV",than the NaKrowar or a related entity of the Borrower), receiving title to the Prgper ',-['hrough a foreclosure Or dead in lieu of foreclosure of the First Deed of Trust tl "r c.,I title to the Property free and clear from ouch rnntrictions. Further, if the Senior Lien Holder acquirna ti'tl, o'le property pursuant to a deed in lieu of foreclosure, the lion of Chia Security �st en shall automatically terminate upon the Senior Lien Holder's acquisition of iltke;,' cpvi d that (1) the Lender has bean given written notice of a default under the First ❑agd Trust and 111) the Lender chalk not have cured the default under the First Dead O Trust, within the 30-day period provided in ouch notice sent to the Lender. 7. YORROw11R (el 1AI16CRB To PAY AB RBQUASTBo: 4' (A) Default if I/we do not pay the full amount as required In Secciotj.'3 vet I/we will be in default. If I am in default, the Note Holder may bring shout` Qaa £� a not prohibited by applicable law and require mo/us to pay tits Hate Holdarlh �caE.��and expenses as described in (B) below. )B) Payment of Note Holder's cast and Expsnsea�. If the Note Holder takes much actions es described above, the Note }[o`lfleg-+n 11 have the right to be paid back for all of its canto and expenses, including,` t not limited to, reasonable attorneys' fees. S. OIVINO OF NOTIOBa, Unless applicabla law required a different metbed, any notice that must be 9iven to me/us under the Note will be given by delivering it or by mailing it by AM-15-20W 12r10F1 FROM; T0125265ja P.2,2 first clans mail to me at the Property Addrese on Page 1 or at a different address it I/we give the Note Holder a notice of my/our different eddrese, Any notice that must be given to the Note Holder under thin Note will ba given by mailing It by first class mail to the Note Holder at the address atated in Beotioa 3(A) or at a different address if I/we have been given a notice of that different addrema, 9. OBLIUATIONB OF PERSONS UNOEa THIS NOTEi If more than one person signs this Note, each person in 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 endorBar Of this Note IN also obligated to do these things. Any person who takcw over these ohligatione, 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 Nate Holder may enforce Ito rights under this Note against each person individually or against all of us together, Thin means that any one of va may he required to pay all of the amounts owed under this Note. 10. NAIvkEd; 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 or amounts due. "Notite of uinhonor• means the right to require the Note Holder to give notice to other persona that amounts due have not been paid. 11, WTXPOM SRCUM NOTEr this Note is a uniform instrument with limited variations in some jurisdiction&. In addition to the protection given to the Note Holder under thin Note, a Mortgage, Dead of Trust or Security used (the -Security Instrument-), dated the name date e4 this Note, protects the Note Haider Eros possible lonaea 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/ve may be required to make immediate payment In full of All 4MOunta I/we owe under this Note. Some of those condition axe dseoribed as follows, Tranafex;bC the Property or a Beneficial interest in Borrower. I€ all or any part of the property, n any interest in it is sold or transferred (or if a beneficial interest in Borrpy� _1"N ld or transferred And Harrower Is not a natural person) without Lender's prim sirs Caneant, Lender may, at its option, require immediate payment in roll or all au`pe-;p"eCukad by this security Snatrvment. However, this option shall riot he ecurite � t k er if exercise is prohibited by federal law an of the date of this Y S rtr If Lender �r.]ce iyib\\\''' is option, Lender shall give Borrower notice of acceleration, The notice shall prOW,06. period of not less than thirty (30) days from the date the notice In delivered fir.,iGiled, within which Borrower must pay all sums secured by this Security fnstrument. -if Borrower(a) fail to pay theme mums prior to the expiration of this period, Lender may invbk$ any remedles permitted by thin Security Instrument without further notice Ork,,3 'Td Horrowor. Notwithstanding the 7- eve, the Lender's rights to collect and apply the insurance procoads hereunder s li pe-�dsj act and subordinate to the rights of tha Senior Lien Holder to collect and apply,4uo( proceeds in accordance with the Yirut Vend of Trust. 12. Yhia note is governed end„3un{ev & in aoeerdaane with the Law& of the Beata q[ tlgriCIA IfITNY88 THE HANO(8) ANp S�,Atr,l �.}i,i)�p BNOSRBICFNED, ..rr ...... --.......................kp Ge' aec�naynaeec.cen_annrr UrTUM TO& Collier County Housing And Human BerviOea pii' tmente 3301 R. Tamiami Trail Fileki'.„ Naples, FL 14112 Phone: (239) 252-5312 Fes, (239) 252'1fiAkb.�+ H S _COUnty Public Services Department Community & Human Services Division November 20, 2023 Yntee Betaneourt, Branch Manager Near North Title Group 3003 Tamiami Trail North Suite 210 Naples, FL 34103 Re; Payoff Letter-- Ivan Iglesias & Mayte Valdes Pfopefty Address 4175 19111 Court SW Naples, FL 34116 Alor•tgage/Dien Type Plate Recorded OR Book/Page Amotnrt Due 1.Collier County SNIP DPCC Second Mortgage Pile R09-009 9/8/2002 4391/3877 $20,235.00 Calker County SHIP Subordination 02/23/2012 4767/1445 2. Collier County SI IP Owner Occupied Rehab Mortgage Pile 12/12/2014 5104/2773 $22,212.35 #12-005k Collier County Mortgage Modification $33,301.86 09/01/2016 531612381 This payoff amount is $42,447.35 )with no per diem. Total $42,447,35 I.The SHIP Downpayment program regitiremont: no payment will be required until the property is sold, transferred, refinanced, oo logger Homesteaded. At that time the balance of the lien amount is due and payable. 2.The SHIP Owner Occupied Rehabilitntion Loan hits a 15-year deferred loan. no payn-imitwillbe regttlred until the property is sold, tratraferred, rofinaneed, ira longer Homesteaded. Orte-Third (1/3) is forgiven in Five-year iner-ements, at the end of 15 years the loan is forgiven. Paymeart should be made to "Collier County Board o1' County Commissionys" and delivered to, Community & Human Services Division Attn: SNIT layoff 3339 E. Tantiami Trail, Suite 211 Naples, FL 34112 Please indvide,a' sep�fate cheek in the anrotmt of $1.0.00 for eaclx paypff amount inade payable to, Collier Comity Board of C01111ty Commissioners for the cost of t•ecording. Sincerely, IM-W4 � Wendy lClopf SHIP Grants Coordinator-239.252,2901 WQJI(Iy.Klopf((colliercouttlyfl.F-ov Community & HLMW Services Division - 3339 Tarniaml Trail Eost, Suile 2-11 - Naples, r1orlda 34-1.12-5361 239-252-CARE (2273) - 239-252-CAFI (2233) - 239-262,4230 (RSVP) - urn°Ni.colliergov.11el/hunioaservices kyy99hTITLE a `{• x . .� iu-- � �. �`: '�'�3•• !� � r5; s;. ��?��%; �5 •, _�;s L'�` � :� I• ��,��-�- �� 3jQ, `r • )IamI.T3` it tdq jh, i 270 y i'k-i F;x j(:. d•2 �A'e3. �,§ N", J:` r �•�. n>r .-•d. „ d:v\ .tin "+• `-• �l Ef '•� k ���i�����+`�$�� W i. � '� - �' y 1�,LaSEllie 5ira&0 �' i#; a j'' :; •• ,• a� CI ti � �,5',�;.1 , ;F� t .: •� s 18. : d5 .7• .�' • ,t+ +:',� •:4¢' �' .� ti .,mow t 3� �a_j ~�' �.- � s; r,r�,i •! k a�rl]I4dQt IL 6U8�3"� s � $� �•�• :s.r¢ ;: � ...��,� „=,f '� s'' �,� :,:_,�;. �, , • ,-1' t rr ,f- .4r'i�. .i •�,:i' n%'� 11.�.n.; rr" #y ,,�i� :.�_ err} e.;� 4y. �. ... �Cii^`:�i-, '�'1IIi�•." .��! �i %-,.-w q p/-�' n n ,p� 3y .. ss °p. i°i 4Ys •' 4 R .�- :{ �'•diY '` _ E. F� 9pri. ¢:^ `kh r DATE . A ,'� , �3Y�jf,j ry !7!] K R� ��. Y` A MOUVY ri' Vl ,!i ; iev�i �r .4 ^8' L� .. �' •. .ryi ' .. , � � .: V} � , �' }• i �+i 1 r� x`� ti.� .. S•�1„ Z•• ''`[ '� Yn l .� -ti1`' ,S �' •� �- tl Sf £• 4T �2 L'I•t( i,,L�Li) i}- ''Z' r _000 iT � if . i� :� `�i ?4 y{ /�'1'�i�•J, ai' 4A36 r' � 5� N o rcG Thousand, arr red ,rl -. uF '�� vand 3 en 5 0 _ " ti �� F y-i 4 `11 i�i• - . _ •r . • r^ 'y;^' pK •' v.J::_ r''' s-:." f �>°" ;' •.'ily To TAR or iai a d k:II R OUI! faY: HaAR€) 0 C�R � s� Cornmujii y & HUrh n g'e>�irl�as L�Ii sloe Afar , S I `f� YP . °• ', 33 m1 ml f'rl Pj lie 211 Naply "k 3 112 •�r�VYiY•[y]yp y r� • �'\�' •Y4•lIQ1i ` II" i 58 i❑II' NEAR NORTH T TLIEa GRoup escrow - BralrcPip03 Tamiaml Trail North, Sulte 210, Naples, FL 34103 DESCI;Tf TION AiHO[It+1T go ZROR v i gr -5-g own; ayo o r `-$42,447,36 Mortgage Loan Payoff of Second Mortgage Loan (N,05) $20,236.00, Payoff amount $0,00, From 19/1/2023 Through 12J1l2023, 30 Days; Payoff of Third Mortgage Loan (N.07) $22,212.35 tea; _, x� � �` ��.�• "�� � •!• Check DIBIJ M112023 Selicr/Btjy&pn Igleslas and Mayte Iglesias YW Mayle Valdes 1 Eduardo Jesus bouza [vt vUnoz Properly AddreA1715181111 ct. Soullmosl, Naples, FL 34110 MAR NoRTH'TiTLE GRovp pAyFor#y lWo Thousand Foul` Hiukred Forty -Seven and 351100-_ww,.-------------- ----_--- TO THE ORDER oiCollier Cour►ty Sward of County Commissioners Community & Human 5ervloes Divlslon - Attn; SNIP PayA 3339 E, Tamlarol Trail, Sulfa 211 Naples, FL 34112 US=w - umn� 2311Zi0 Soller/avyjIvan laleslas and Mayte Iglostas flicla Mayle Valdes 1 Eduardo Jesus Souza Martinez propeaty Addres417G 191h G1, SoullZwest, Naples, FL 34118 Check N0 6810 Ewrow Offcers hii1103- NON-NEGOTIABLE Escrow Officers initioN13 1 �'}°L'�!.\ NOR'��H `1`I.'I'LE C��taC�;t�•��.�. :�,:,, �,'GA"�` �,�=' � r,rs �:��:�.� .�' ''^�•�-- `�v � Yxwy 3QQ�•Tahllarnl;�'�. 91 N'�h 5,�� 2�10 J_ �4 . , . t { AA .&. � ! d^.[• ,�C� ,'`s-xl{ly; t.>, ."c ;-�' :�§.,54r ,.w"tr ��$`. <C.-.^F... :. fir, .k�,. {:`.,.t .t .R ia�,y1�L`•'": '{' cs,• kt I • {23�$-8t731oas�llastst •;r € Nfy q s• ; E > .h�sr',. �. •';,,�31feg�v, It Qt?64 `lFsti }"` �...i �r§. 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II' i5ao9111 NEAR Noujii THE GROUP E.wrow - grancRP03 Tarrtlaml Trall North, Suite 210, Naples, rL W03 Cheek Data AW2023 1__DMCRIPTION - AIAOUN`t' Racording Release- SHIP Owner O=upled Rehab it).OU Mortgage Recording R014090- SHIP ❑caner Owupled Rehab Mortgage (N.1U) $10,00 Setjer/i31tyjypn Iglesias and Mayte Iglesias YlkJa Mayle Wdes I Cduardo Jesus Baum Martinez Property Addre51; G 19th ❑t, Sauthwast, Naples, FL WIG NEAR NCIRTH TITLE GRovx, PA*Ten and 001100............. w..... ......... 1*0 THtt CRmpR oDolller County Board of county Commisslorsrs Communlly & Human ServlDes Divlsjun - Min: SHIP Payoff 3339 E, Tarniarnl Trall, Suite 211 Naples, FL 34112 8s4rew - I3Yanc92311243 SellerJS»yctvan Iglesias and Mayle Iglesias Ukfa Mayie Valdes J Eduardo Jesus Bouza Martlnex Property Addre V75191h CL Southwest, Naples, FL 34116 Mack N015809 Esd'ow OfI icers Iniliatffl NON-NEGOTIABLE Psorow Officers Initlaf'1$ f :t :" ,�« ., - ri. �"i��s^" u 9 fA' f• _ '�- ;sir Sr ^. .r •ti yj r" :� .� •-. i. Y EAR OR'I�if TITLE 6ROCll,,,-A! 3ap.�•Ta�t'�laml TgIJ Noj}1 SAft.21b _ N l 1e 04iO3`"1s ` o { �.:� ;.Kum 1.t sil,. + y. i's,. .r',F ° h rr�� hh hyN ••+• s li ,,, ^ ,7tk' �3•.; . i ai :4 'd vh {{i��� 7C i k syr° �i e�..^. g fax #, ,'3Z _ ` iz , 3U as�i�A �J1A•c ;i i� ?F ,5 'h V s3 at - r r• = 'Ii,,' •y:' - Chldago, IL 6061.. :r ''`Ys ° t • '' >i' .•'`i •p.. 99i^^_ .t i`5-� .'�f i.`:. F�' .3:, - .& w, !. r',r'•.ih •5`'an I{ '7S• .f.' 'p�-.iys DATE r.:.�• ,; � i5' :'i=aS:tS'. 'y: f'. ;$: •. }SL•,iJ ":,S' 3. v. �-,. a.:^ �. '�' •a.,. t a;•,[ �yg f+]�{r�r� �r'e ,� � "'fi �'. , x r: [ SG -i� "'.' .t: � ,• i r, % rf .A' 7` !�'°� g � '�: w ±� I�J��{ I-iF^VL,U }; •'�. ,�' �' �+4V ..;s-8Ae g• �I v i `�i{11"w'$]�yC'•��I��Q .�,...., ..�...i w +•,.- ^.Y:�;.:- «"_•_____ ry5 -: kfJ. /, �If .r��� r f 'rn�l R :!� ?kiSSfM1 Ko? xsni, ..^. � ,,;k ,� •:m'{f:-- `,� !�Y 00, J TY"00ARD 6 ft,6,0T' .' CZn1thity 4:14unia$ 6b0ces Divlsior- i Attrl;rSl lP F j flY r. x E 333€ .,;'Iarnl�I I Tr tllte 211 Maple's, i~L 34;112 -� }- �s a ry -bra � �: � � � r ..;�" � •a:.: f: �.� ••�`'-�� � ;,x �'�3: 's 11111560,3111( NEAR NORTH TITLE GROUP 13sclow - [3rnn A0 Tamlani17ra11 North, ;;ulte 210, Naples, FL 34103 check ]p 13001/2023 - DBSCIUPTION �AMQUN`t'_i Reaarding Release -SUMP ff'CC Second Mortgage Recording Release- 3H1P DPCC Second Mortgage (N,09) $10,00 SefkeffRay&k�n 19teslas and Mayts lglastae Wh Mayte Valdes I Edtlado Jesus Kowa Marilnez Property AddreA17E 1Sth C#. Southwest, Noplas, FL 34116 NnAR NORTH TITLE GRO•E]P PAYTen and 001100-----_-----•---•-------------•-- TO THE ORDER olColller County Board of County Commissioners Community& Human 8ervloos Division -Attn: SHIP Payoff 3339 E, Tar'niaml Trali, Suite 211 Naples, rL 34112 Ewraw - BmicU-2311243 801ler011ydN0n iglasias and Maylo Iglesias flkla Mnyte Valdes I Eduardo Jesus gouza Martlnex PropertyA4dres4176 19th GL SOUihwest, Naples, FL 341N Escrow officers britiamB NON-NEGOTIABLE I38cum Oli3eare 1111tiatiB