MortgageINSTR 4824696 OR 4908 PG 309 RECORDED 4/15/2013 11:23 AM PAGES 10
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC @.35 $228.20 INT @.002 $130.30 REC $86.50
OBLD 565,150.00 OBLI $65,150.00
Return To:
Fifth Third Mortgage Company
5001 Kingsley Drive, MD:
1MOCSQ
Cincinnati, OH 45227
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0 Z Fifth Third Mortgage Company
U ss 5001 Kingsley DR
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C i Cincinnati, OH 45227
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ISpact Above This Line For Recording
State of Florida -
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THIS MORTGAGE ( "Security
The Mortgagor is Denisse Nennj
n
-o
3457 Winifred Row Lane, Apt 12
( "Borrower "). This Security Instrument is given to
FHA Case No.
095 - 2666681 -703
e p
L 09, 201
Mortgage Company
, whose address is
which is organized and existing under the laws of the state of Ohio and
whose address is 5001 Kingsley DR, MD: 1M0CBQ, Cincinnati, OH 45227
( "Lender "). Borrower owes Lender the principal sum of
Sixty Five Thousand One Hundred Fifty And Zero /100
Dollars (U.S. S 65,150.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "), which provides
for monthly payments, with the full debt, if not paid earlier, due and payable on May 01, 2043
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and
all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced
under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's
XXXXXOS18
F11A Florida Atart ga a -4196
Wolters Kluwer Financial Services
VMP r&- 4D(FL) i0401l.ot
Paget of 9 Initials' A
X)D=0 818
Firm: iA umuiu oiiii uumuR
OR 4908 PG 310
covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby
mortgage, grant and convey to the Lender the following described property located in
Collier County, Florida:
See Attached
./ate 01.,C"R cot/
Parcel ID Number:408 09 id 1 120002-
which has the address o
Naples 1 f 4735 6 A n e Istreeil
tyI FI
[zip Code] ( "Property Address ");
TOGETHER WITH all the i kerrients now or her r er ted he property, and all easements,
appurtenances and fixtures now or h r a part of the prop I r ments and additions shall also be
covered by this Security Instrument. A > foregoing is referr i t rity Instrument as the "Property."
BORROWER COVENANTS that is lawfully seized of t hereby conveyed and has the right to
mortgage, grant and convey the Property n t Property is u ed, except for encumbrances of record.
Borrower warrants and will defend generally tiiertq- st all claims and demands, subject to any
encumbrances of record. `! 1
THIS SECURITY INSTRUMENT combines uni of r`m covenants for national use and non - uniform covenants
with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS,
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of and
interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly
payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the
Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ( "Secretary"), or in any year in
which such premium would have been required if Lender still held the Security Instrument, each monthly payment
shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these
items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
VMP19- 40(FL)(0401).01
P29e 2 of 9
OR 4908 PG 311
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be
amended from time to time ( "RESPA "), except that the cushion or reserve permitted by RESPA for unanticipated
disbursements or disbursements before the Borrower's payments are available in the account may not be based on
amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender
shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any
time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to
make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as addif s secured by this Security Instrument. If
Borrower tenders to Lender the full payme j ums, o ccount shall be credited with the balance
remaining for all installment items (a), ( and any mortgage tjitan a premium installment that Lender has
not become obligated to pay to the S cre , and Lender shall promp re nd any excess funds to Borrower.
Immediately prior to a foreclosure s e of ih r pert�^-ar -its isition y L rider, Borrower's account shall be
credited with any balance remaining r al installme ms (a), (b), an (c).
3. Application of Payments. 1 p d I be pplied by Lender as follows:
First, to the mortgage insuranc pr i to a ai b t th a ret or to the monthly charge by the
Secretary instead of the monthly mo n r e i E.
Second, to any taxes, special asss en , ease o payme or g un , and fire, flood and other hazard
insurance premiums, as required;
Third, to interest due under the Ct 0
Fourth, to amortization of the prin ' o he Note; and
Fifh, to late charges due under the dr%
4. Fire, Flood and Other Hazard Ins u 'c C. r I I all improvements on the Property, whether
now in existence or subsequently erected, against I ies, and contingencies, including fire, for which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently
erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies
approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable
clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance
proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and
this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the
purchaser.
r
VMPI -4D(FL) (0401) 01 Pape 3 of 9 �mtimc , 1
OR 4908 PG 312
5. 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 (or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating
circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the
Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant
or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave
materially false or inaccurate information or stat o or failed to provide Lender with any material
information) in connection with the loan ev' eno ' ding, but not limited to, representations
concerning Borrow'er's occupancy of the � as a princip . If this Security Instrument is on a
leasehold, Borrower shall comply with t ro sions oft e lease. If we acquires fee title to the Property, the
leasehold and fee title shall not be mer d u agrees to the mer r in Titing.
6. Condemnation. The proceed of a c aim ages, d ect r consequential, in connection with
any condemnation or other taking an rt f th op or c e a in place of condemnation, are
hereby assigned and shall be paid to Len r efeltt u f th indebtedness that remains unpaid
under the Note and this Security In tru nt Len er sh 11 pl ch r ee to he reduction of the indebtedness
under the Note and this Security e t 0 d nquen a o pplied in the order provided in
paragraph 3, and then to prepayment 'ncipa1. Any applicati of th proc o the principal shall not extend or
postpone the due date of the monthly ents, which are referre in par 2, or change the amount of such
payments. Any excess proceeds over r�i nt required to pay is S debtedness under the Note and this
Security Instrument shall be paid to the t* -ally entitled thereto. (J
7. Charges to Borrower and Pro I f Lender's Ri g1i}t a Property. Borrower shall pay all
governmental or municipal charges, fines an a rift i uded in paragraph 2. Borrower shall pay
these obligations on time directly to the entity ment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's reques rrower shall promptly furnish to Lender receipts
evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
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, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's
rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be
secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note
rate, and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)
contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the
Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which may attain priority over this 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.
VMPS- 4D(FL) (040+).01 Page 4 of 9 in i a i
OR 4908 PG 313
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment
defaults, require immediate payment in full of all sums secured by this Security Instrument if.
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument
prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained
in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d)
of the Garn -St. Germain Depository Instit 1982, 12 U.S.C. 1701j -3(d)) and with the prior
approval of the Secretary, require im at��uet rt all sums secured by this Security Instrument
(i) All or part 0 !r Prope eneficial interest in a s t ing all or part of the Property, is sold
or otherwise transferred (o er t se or descent), an
(ii) The Property is not ccu ed e p rantee hi or her principal residence, or the
purchaser or grantee d s u y t ro b her credit has not been approved in
accordance with the req ire t o c et
(c) No Waiver. If circums ce oc ur t at vo Id r e e o equi a immediate payment in full, but
Lender does not require sue e n �tiaiv 'g t th respect to subsequent events.
(d) Regulations of HUD S t ry. In many circums ces r ula i issued by the Secretary will limit
Lender's rights, in the case ent defaults, to req ..'m a ayment in full and foreclose if not
paid. This Security Instrumen s of authorize accelera— r sure if not permitted by regulations
of the Secretary. i
(e) I17ortgage Not Insured. Borr t if th' i I trument and the Note are not determined
to be eligible for insurance under the s 'thin 60 days from the date hereof, Lender
may, at its option, require immediate payme ` all sums secured by this Security Instrument. A
written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof,
declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such
ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the
unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the
Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies
even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a
lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of
Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses
properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and
the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full.
However, Lender is not required to permit reinstatement if. (i) Lender has accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencement of a current
foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Instrument.
VMP '8- 4D(FL) (o4oi) of PS20 5 of 9
OR 4908 PG 314
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co- Signers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who
co -signs this Security Instrument but does not execute : (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's int ss r er the terms of this Security Instrument; (b)
is not personally obligated to pay the sums r nt; and (c) agrees that Lender and any
other Borrower may agree to extend, mo ear or make any a ations with regard to the terms of this
Security Instrument or the Note withou ha rrower's consent.
13. Notices. Any notice to Borr ver to . ed for�iRt}�i rity Ins ume t shall be given by delivering it or
by mailing it by first class mail i le ap icable ta�ti e s use o another et d. The notice shall be directed to
the Property Address or any other dre ti a en r. Any notice to Lender shall be
given by first class mail to Lender' ad es star er n a d s e er esignates by notice to Borrower.
Any notice provided for in this Sec s a e ed to a b ven to Borrower or Lender when
given as provided in this paragraph.
14. Governing Law; Severabil is Security Instrumen all e or ed by Federal law and the law of
the jurisdiction in which the Property ed. In the event that p o 'i r clause of this Security Instrument
or the Note conflicts with applicable lay c onflict shall not affect visions of this Security Instrument or
the Note which can be given effect with t(Dt flicting provi is end the provisions of this Security
Instrument and the Note are declared to be se 1�
15. Borrower's Copy. Borrower shall be Moe t mcd copy of the Note and of this Security
Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to
the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of 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 Substances affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the
jurisdiction where the Property is located that relate to health, safety or environmental protection.
VMPS -0D(FL) (ao>).oi Page 6 of 9
Ini[iala.
OR 4908 PG 315
NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues
of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs
each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to
Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and
receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of
rents constitutes an absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as
trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be
entitled to collect and receive all of the rents of the P (c) each tenant of the Property shall pay all rents
due and unpaid to Lender or Lender's agent on dririt e' to the tenant.
Borrower has not executed any prior a ren t and will not perform any act that would
prevent Lender from exercising its rights is pazagraph 17.
Lender shall not be required to en r up n" tak control of or mainta the roperty before or after giving notice
of breach to Borrower. However, Le er a ' tall eceiver ay o so at any time there is a breach.
Any application of rents shall not cu a or waive any r inva *date an oth right or remedy of Lender. This
assignment of rents of the Property s all , n)i e d Se urity Instrument is paid in full.
18. Foreclosure Procedure. If Len er equ re i m a y n in ull rider paragraph 9, Lender may
foreclose this Security Instrumen ' ' ' ti ' . end 1 6V entitled to collect all expenses
incurred in pursuing the remedies i �ttil paragraph 18, inclu , bu no I tt�' ed to, reasonable attorneys' fees
and costs of title evidence., 11�)
If the Lender's interest in this y Instrument is he retary and the Secretary requires
immediate payment in full under Pa g 9, the Secretary oke the nonjudicial power of sale
provided in the Single Family Mortgagejo Act of 1 (� (12 U.S.C. 3751 et seq.) by requesting
a foreclosure commissioner designated un t c t d kie foreclosure and to sell the Property as
provided in the Act. Nothing in the preceding s deprive the Secretary of any rights otherwise
available to a Lender under this Paragraph 18 or applicable law.
19. Release. Upon payment of all suers secured by this Security Instrument, Lender shall release this Security
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
20. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any
attorneys' fees awarded by an appellate court.
21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument. [Check applicable box(es)].
0 Condominium Rider 0 Growing Equity Rider Other (specify)
0 Planned Unit Development Rider 0 Graduated Payment Rider
VMPS- 41)(Fl) (0401).01 Page 7 of 9 inniais:
OR 4908 PG 316
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in
any rider(s) executed by Borrower and recorded with it.
Witnesses: 1
(Seal)
Den's inger -Borrower
_(Seal)
-Borrower
VM P $-4 D (FL) ro4oqo+ Pape 6 or 9
(Seal)
)rrower
(Seal)
Irrower
(Seal)
- ..rrower
— (Seal)
-Borrower
OR 4908 PG 317
1Space Below This Line For Notary- Acknowledgment]
STATE OF FLORIDA, Collier County ss:
The foregoing instrument was acknowled;ed before me this April 09, 2013 by
Denisse Nenninger
who is personally known to me or who h
�0
as identification.
J. TAYLOR .>..
sion 4 DD 891857
May 21, 2013
- I T!j Fir,ln9s�:xe'_'FiiSdo'9
V M P S-4 D(FL) loa o f ).o f Page 9 of 9 Initials: 11
1
* ** OR 4908 PG 318 * **
EXHIBIT "A"
File No.: 01206 -4604
The East 75' of the West 150' of Tract 105, of Golden Gate Estates, Unit No. 79, according to the plat thereof as recorded
in Plat Book 5, at Page 17, Public Records of Collier County, Florida.
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ofi ��ti
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Fife No.: 01206 -4604
FL Exhibit A Legal Description
Page 1 of 1